Justices Act Amendment Act 1926 (WA)

No. 34.] Justices. [1926.

JUSTICES.

17° GEO. V., No. XXXIV.

No. 34 of 1926.

AN ACT to amend the Justiees:Aet,p902-1920,

[Assented to 8th December, 1926.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority

of the same, as follows :—

Short Min. 1. This Act may be cited as the justices Act Amend-

ment Act, 1926.

Amendment of	2.	Section nine of the Justices Act, 1902-1920 (here-
s ration 0.

inafter called the principal Act), is hereby amended by

adding thereto two subsections as follows :-

Chairmen of road	9. (2) The chairman for the time being of every road board shall, by virtue of his office and without any further commission or authority than this Act, be a justice for the magisterial district or districts in which the road board is situated.
boards to be jus-
tices.
(3) No person who becomes a justice under the provisions of this section shall be authorised to exer- cise any of the powers and authorities of a justice of the peace until his name has been entered in a special

1926.] Justices. [No. 31.

roll, which shall be kept for the purpose by the secretary of the Premier's Department, who shall enter the name of such person therein upon production of a certificate from the town clerk or the secretary of the road board that such person is the mayor or chairman, as the case may be, and shall give notice thereof in writing to such person.

3. Section ten of the principal Act is hereby amended Amendment of me. 10 .

by the insertion of the words chairman of a road board "

•

after the word " mayor " in each of the two places in

which such word occurs in the section.

4.    Section sixteen of the principal Act is hereby Amendment of

amended by deleting in the first line the words " an ex see 16.

.

officio justice " and inserting in lieu thereof the words

" a justice appointed by virtue of section twelve of this

Act."

5. A section is hereby inserted after section ninety- Insertion of new se ction af t er see.

four of the principal Act, as follows :— 04.

appearance of a person on a certain day before "`do` or hail. 94a. When a recognisance is conditioned for the Revocation of

justices or to take his trial before the Supreme Court or a Court of Session, a Police or Resident Magistrate may, if satisfied that it is in the interests of justice so to do, revoke the order admitting such person to bail or discharging him on recognisance, and order him to be committed to prison, and may thereupon issue his warrant for that purpose in the prescribed form.

6.    Section one hundred and fifty-four A of the prin- Substitution of new

cipal Act is hereby repealed, and a section is substituted nt" for see.

therefor as follows :-

154A. (1) When any person bound, with or with- iSnforeind recogrustmees.

out sureties,—

(a) by any recognisance entered into pursuant to the order or decision of any court of summary jurisdiction to attend or appear before any such court, or to keep the peace, or be of good behaviour, or observe or comply with any other condition, or

No. 34.] Justices. [1926.

(b) by any recognisance entered into pursuant

to section 187 or 200 of this Act,

fails in any condition of the recognisance, complaint thereof may be made against those bound by the recognisance, or any one or more of them, and pro- ceedings in respect thereof may be issued and taken as in the case of a matter cognisable under this Act, and on the hearing an order may be made forfeiting the recognisance and ordering the payment by the person or persons proceeded against of the sum or sums in which he or they is or are respectively bound.

(2) The provisions of this section shall be without prejudice to any other method of enforcement.

(3) This section shall apply and have effect whether the failure in the condition of the recog- nisance has occurred before or after the commence- ment of this Act.

Amendment of	7.	(1) Section one hundred and fifty-five of the prin-
see. 155.

cipal Act is hereby amended by the addition of subsection

2 (a) as follows :-

" (2a) It shall not be necessary for the person entitled to receive the said periodical payments to enforce such order for and in respect of each such payment as and whenever default has been made in payment thereof, and whenever default has been made in respect of more than one periodical payment the person in default shall be liable in respect of the aggregate amount in payment whereof default has been made to such process of execution and imprison- ment or imprisonment only as he would be liable to if the default were in respect of one payment equal to the said aggregate amount : Provided such aggregate amount shall not exceed the sum of periodical pay- ments for six months."

(2) The subsection hereby added to section one hundred and fifty-five shall have effect in respect of defaults made before or after the commencement of this Act.

Short title of	8.	The principal Act and this Act may be cited to.
principal Act and

amendments, gether as the Justices Act, 1902-1926.