Justices Act 1850 (SA)

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Justice or Justices of the Pe-ace to issue his or their Summons (A j

directed to such person, stating shortly the matter of such information or complaint, and requiring him to apyear at a certain time and $ace before the same Justice or Justices, or lrefore such other Jurtiev

or Justices as shall then be there, to answer to the said inform a

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or complaint, and to be further dealt with according to law; aid

&ery such Summons shall be served by a Constnblc or other Pence-

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officer, or other person to whom the same shall be delivered, u ~ o n the

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person to whom it is so directed, by delivering the same or a copy

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thereof to the party personally, g by leaving the same or a copy thereof with some person for him at his last or most usual place of abode: and the oath or affirmation of the Constable or other person serving, sworn before any Justice of the Peace, and appearing to be signed by such Justice, shall be, deemed and tnkcn to be conclusivc evidence of such service, without the attendance of such Constable

Proviso.

or person, and without proof of' signatures. PROVIDED

ALWAYS,

.

that nothing herein-mentioned, shall oblige any Justice or Justices of the Peace, to issue any such Summons in m y case where the appli- cation for any order of Justices is by law to be made ex porte.

Proviao.

PROVIDED ALSO, that no objection shall be taken or allowed to ally information, complaint, or Summons, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, or Summons, and the evidence adduced on the part of thc informant or complainant at thc hearing of such inforrnation or com- plaint as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present and acting at such hearing, to bc such that the party so summoiled and apl3earing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as hc or they shall think fit, to adjourn the hearing of tlre case to some future day.

~f Summons be not

11. AND BE IT ~ A C T E D,

that if the person so served with a

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abeyed, Justices may

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issue warrant, y NIRY Summons as aforesaid, shall not be and appear before the Justice or

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isaue warrant In the Justices at the time and place mentioned in such Summons, and i t

first Iutance ; or if Summons,havingbeen shall be proved in manner aforesaid to such Justice or Justices,

&S. et

duly aemd,

obeyed, the Justices

not that such Summons was so served, what shall be deemed by

may p c e d eaparte,

such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same,…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.