Justices Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 9.

An Act to confer Jurisdiction upon and for the Protection of Justices -

of the Peace in certain cases.

[Assented to, 9th February, 1870.1

HEREAS it was intended by the Act of the Provincc of South Preamble.

W Australia, No. 9 of 1853, entitled L ' An Act to regulate	the occupntion of Crown Lands in South Australia," to confer
jurisdiction upon Justices of the Peace of the said Province, to ad. judicate in all proceedings had and taken under the said Act, in respect of any offe~lors committed against the provisions of the said Act, and for the imposition and recovery of any penalties, fines fora feitures, and sums of money incurred or payable thereunder; but doubts have been raised as to the powers of such Justices i11 respect of certain of the matters afbresaid. And whereas i t is expedient to settle such doubts, and to protect a11 such Justiccs, and all persons
acting under their authority, from all actions, suits, or other pro-

m	ceedings that may have be&, and, but for this Act, might hercaftcr
bc coniineilced against them for any act, matter, or thing done or
authorized to be done by any such Justice or Justices of the Peace,
or persons aforesaid in the exercise of the said supposed powers-
Be it therefore Enacted, by the Governor of the Provincc of South Australia, with the advice and consent of the Legislative Council
and House of Assembly of the said Province, in this present Parlia-
ment assembled, as follows:

Juriadiction of

1. A3l proceedings under the said Act, No. 9 of 1853, may be had Juaticea t o adjudicate

and taken, and all penalties, fines, forfeitures, and sums of money	in respect of proceed-
inge under Act No.
incurred, imposed, and payable under the said Act, may be recovered	9 of 1863.

L before

---pp- 330 VICTORIB, No. 9,

Jurisdiction ar2d 1'rotect.ion of hu t i c e s Act.--1 869-70.

before any two or more Justices of the Yeace for the said Province who shall hear and determine the matters aforesaid, in a summary way under the provisions of an Ordinance of the Governor and Legislative Council of the said Province, No. 6 of 1850, or of any law in force in the said Province for the time being relating to the duties of Justices of the Peace with respect to summary convictions and orders; and all summonses to parties and witnesses, and war- rants, where necessary, for enforcing the same, and all convictions and orders may be issued, served, executed, and enforced, and appeal may be madc from any decision of such Justices as in the said Ordinance is mentioned: Provided that a11 such proceedings, in respect of matters arising beyond the limits of any District Council, may be instituted by any Cominissioner of Crown Lands appointed under the provisions of the said Act, or such other officer as the Governor may from time to time appoint under the last- mentioned provisions; and all such proceedings in respect of matters arising within the limits of any District Council, which such District Council shall have authority to regulate by any by-law, may be

Further provieo. instituted by the Chairman of such District ~ o u n & l: Providcd also, that no such commissioner or Chairman shall adjudicate as a Justice of the Peace upon the hearing of any case vhere any such Commissioner or Chairman shall Fe a party to the proceeding.

h'o action mnintain-	2, No action, suit, or other proceeding shall be commenced or
able against Justicee

and others acting in	prosecuted against any Special Magistrate or Justice of the Peace
supposed to bc con-
exercise of powers	for the said Province, or any person or ycrsons acting under them,
or by virtue of any warrant of com~r~itment or othcrwisc issued by
ferred by Act No. Q
of 1863.	theiu or any of tllein, for any act, mattcr, or thing heretofbre clone or authorized to be done by any such Special Rlagistrate, Justice of the Peace, or person or persons acting under them in the exercise of the jurisdiction and powers intended to have been conferred by the said Act No. 9 of 1853, by reason only that such powers have not been legally conferred.

Judge may order nc-	3. If any such action shall have been conixnenced before the passing of this Act, the sarrlc shall on the application of the defen- dant, by summons to a Judge of the Supreme Court of the said Province, at chambers, be ordered to be discontinued, without costs.
tion to bo stayed.

Defendant may plead 4. I n any such action which has been commenced or which may

thia Act,	hereafter be commenced the defendant may plead the general issue,
and give this Act and the special matter in evidence; and if, on the
trial no cause of action shall be proved other than the exercise by the defendant of any o the powers aforesaid, the plaintiff shall be nonsuited, or a verdict shall be entered for the defendant, in either of which events the defendant shall be entitled to l& costs in full, as between attorney and client.

I n the name ancl on behalf of the Queen I hereby assent to

this Act.

JAMES FEBGUSSON, Governor.

Adelaide : Printed by authority, by W. C, COX, G o v e m e n t Printer, North-terrace,