Justices Act Amendment Act 1932 (WA)

No. 26.] Justices. [193

JUSTICES.

23° GEO. V., No. XXVI.

No, 26 of 1932.

AN ACT to amend sections one hundred and fifty-foul

one hundred and fifty-five, two hundred and six g an

two hundred and six h of the Justices Act, 1902-192(

[Assented to 15th Dece»tbet, 1932.

B E it enacted by the King's Most Excellent Majesty, bCouncil and Legislative Assembly of Western Australia,and with the advice and consent of the Legislativ

this present Parliament assembled, and by the authority o

the same, as follows :-

Short titles 1.

This Act may be cited as the Justices Act Amendmen Act, 1932, and shall be read as one with the Justices Aci 1902-1926, as reprinted in the Sessional Volume of Statute for the year 1927 (hereinafter called the principal Act).

Amendment of s.

155 of principal 2. Section one hundred and fifty-five of the principal Ac

Act. is amended by adding thereto a subsection, as follows :-

(6.) Notwithstanding anything contained in the pre ceding subsections in ease of proceedings under any o the specified sections or provisions of the enactment set out in the first column of the Eighth Schedule ti tins Act, -where any money which the justices order ti be paid is on account of any of the matters specifier in the second column of that Schedule, the justices shal not make any direction under subsection (1) of thi section that such money shall be recoverable in defaul

)32.1 Justices. [No. 26.

of payment as therein mentioned, but in regard to every such order, notwithstanding the amount thereof, the fol- lowing provisions shall apply:

(a)	The sum ordered to be paid, including any costs relating thereto, and in connection with any steps or proceedings under this section, is hereby made recoverable in the same manner as a judgment of a local court;
(b)	At the request of the party entitled to recover such sum, the Clerk of Petty Sessions or other officer having the custody of the record of the order of the justices shall deliver to such party a certified copy thereof under his hand;
(c)	Such party may register the certified copy in the local court nearest to the place where the order was made, and thereupon the same may be en- forced ha the same way as if it had been a judg- ment of such local court;
(d)	Where the justices make any order to which this subsection applies, and in the same proceedings make an order in respect of any other matter or simple offence which they have jurisdiction to try and determine, they shall exclude from any order as to costs enforceable under the preced- ing subsections any costs which would not in their opinion have been necessarily or reason- ably incurred had tile matter to which this sub- section relates not been before them. If the jus- tices make any order for the payment of such costs, excluded as aforesaid, then the provisions of the preceding paragraphs (a), (b), and (c) of this subsection shall apply.

3. Section one hundred and fifty-four of the principal Act Amendment of s. 154 of principal

hereby amended by inserting at the beginning thereof the Lt. o

glowing words :—" Subject to the express provisions of

thsection (6) of section one hundred and fifty-five."

4.    Section two hundred and six g of the principal Act is Amendment of s.

,ireby amended by inserting the following words at the be- 22,ax. of principnt

inning of the section:—"Subject to the proviso to section

vo hundred and six h."

No. 26.] Justices. [193f

Amendment of s.

206 II of principal 5. Section two hundred and six h of the principal Act i

Act. hereby amended by adding a proviso, as follows :-

Provided that, where such appeal relates wholly o partly to an order made by justices for the payment o money in regard to any of the matters specified in tit Eighth Schedule, no order for payment of costs in cornice tion with any such appeal shall be enforceable wider th provisions of this section.

New Schedule	6.	A schedule is hereby added to the principal Act, as fol
added.

lows :—

E. 155. EIGHTH SCHEDULE.

First Column—Enactment and Section (or cecond Column—Subject matter.

provisim ).

Perth Gas Company's Act, 1886 (50 Vie., 3:3)— Recovery of gas rates ; rent ; price c

sec. 51

gas fittings : expenses of discor

meting service.

Fremantle Gas Company's Act. 1886 (50 Vic., Recovery of gas rates ; rent : price c

:34)—see. 54.	gas fittings ;	expenses of discor
netting service.

Police Act, 1892 (55 Vic., 2_7)—see. 73	Recovery of Compensation payabl to person who is ordered to deuce up goods which have been nnlaw fully pawned or pledged with him e taken in exchange by such person.
Masters and Servants Act, 1802 (55 Vie., 28)—	Recovery of wages, remuneratior damages for breach of contract, o compensation for misusage, mh conduct, illtreatmeat, or injury t the person or property of tithe party to a contract of service.

sec i. 7 and 8

sec. 9 ... Enforcement of recognisance for fu fitment of contract of service.

Electric Lighting Act, 1892 (55 Vie., 33)—sec. 61	Recovery of amends, compensatior expenses of examination or it quire, or loss, damage or injury.
Water Supply Act, 1893 (57 Vic., 20)—see. 4 ..	Recovery of water charges.

Dentists Act, 1894 (58 Vic., 19)—sec. 18	...	Recovery of fees.
Medical Act, 1894 (58 Viet., 36)—sec. 26	...	Recovery of fees.
Stock :Diseases Act, 1895 (59 Vie., 34)—see. 21	Recovery from owner of expenses c complying with order of inspector
Cemeteries Act, 1897 (61 Vie., 23)—sec. 40	...	Recovery of fees.

Droving Act, 1902 (2 Ed. VII., 30)—see. 18 ...	Recovery of travelling charges fror owner of sheep or cattle.
Goldfields Water Supply Act, 1902—(2 Ed. VII.,	Recovery of expenses of impairs an.

33)—see. 42 alterations to system.

see. 77	...	...	...	...	...	Recovery of rates and water charge;
sec. 106	...	...	Recovery of expenses relating t

is ens els of 1,..1. se

L932.] Justices. [No. 26.

EIGHTH Sonsoutx—continued.

Enactment and Section. Subject matter.

Dog Act, 1903 (Appendix, 1928, Sessional Recovery of damages done by dog or

Volume of Statutes)—sec. 32

in relation to the wrongful sale or

disposal of any dog.

Water Boards Act, 1904 (No. 4 of 1904)—see. 61a

Recovery of the cost of installation

of storage tanks by a water board.

sec. 68 Recovery of cost of repairs and alter-

ations to defective fittings.

sec. 102 Recovery of rates.

Government Railways Act, 1904 (23 of 1004)— Recovery of damage caused by neg-

sec. 52

loot or wrong doing of railway ser-

vant.

ICatanning Electric Lighting and Power (Private) Recovery of damages in respect of or throwing down, or damaging of any works, the property of an undertaker under the Act.

Act, 1904 (1903-1004,	Sessional Volume,	the careless or accidental breaking
page 619)—see. 35

see. 25 ... Recovery of moneys due for elec- tricity supplied ; rent or price of meter and other fittings or appar- atus, and cost of disconnecting service.

Inspection of Machinery Act, 1904 (No. 53 of Recovery of fees payable under the

1904)—see. 77 Act.

Navigation Act, 1904 (No. 59 of 1904)—sec. 102	Recovery of expenses or sums of money payable under the Act (other than fines, penalties and forfeitures expressly designated as such therein).
Municipalities Act, 1906 (No. 32 of 1906)—	Recovery of cost of removing en-

sec. 268 ... croaehment or obstruction.

see. 274	...	Recovery of expense of certain works to roof flats and gutters.
sec. 282	...	Recovery of cost of paving footway

or path.

sec. 286	...	Recovery of cost of crossing.
sec. 287	...	Recovery of cost of crossing and ex- penses of keeping same in repair.
see. 315	...	Recovery of cost of carrying out re- quisition relating to dangerous building.
sec. 317	...	Recovery of cost of carrying out re- quisition relating to ruinous or dilapidated or neglected building.
sec. 318	...	Recovery of fees in respect of dilapi-

dated or neglected building.

see. 372 ... Recovery of stallages, rents, tolls, or

dues.

sec. 373 ... Recovery of moneys ordered to be paid in disputes as to stallages, rents, tolls or dues.

Licensed Surveyors Act, 1909 (No. 25 of 1909)— Recovery of cost of correction of

sec. 19 (2)

error in survey from licensed sur-

veyor responsible.

No. 26.] Justices. [1932

EIGHTFI Soinnums—continued.

Enactment and Section. Subject matte

Metropolitan Water Supply. Sewerage, and Recovery of cost of repairs and re

Drainage Act, 1909 (No. 43 of 1909)— newels to defective fittings am

sec. 49 (3) alterations to system.

sec. 59 (3)	...	Recovery of cost of installation o drainage system, ventilating shafts pipes, and tubes.
sec. 64 (2c)	..	Recovery of cost of removal of on authorised works.
sec. 65 ...	Recovery of cost of inspection o: private drain.
sec. 109	...	Recovery of rates.

Goldfields Water Supply Act Amendment Act, Recovery of cost of installation of

1911 (No. 50 of 1911)—sec. 8 storage tanks and appliances.

Game Act, 1912-1913 (Appendix 1913, Ses- Recovery of royalty.

sional Volume, p. 543)—sec. 23a

Rights in Water and Irrigation Act, 1914 (No. Recovery of irrigation rates.

19 of 1914)—sec. 40 (3)

sec. 42 (3) ... ... ... Recovery of water charges.

Plant Diseases Act, 1914-1926 (No. 23 of 1914)— Recovery of expenses incurred by preventing spread of disease.

secs. 8a (3) ; 10 (4) ; 12 (2) ; 14 (3) inspector in eradicating and/or

sec. 20 ... ... ... ... ... Recovery of expenses incurred under the Act from persons liable.

Government Electric Works Act, 1915 (No. 29 Recovery of charges for electricity and rent of meters, fittings, and other apparatus recoverable sum- marily under the provisions of the bylaws.

of 1915)—see. 13 (v)

Fire Brigades Act, 1917 (No. 13 of 1917)—sec. 71	Recovery of charges by fire brigade in attending uninsured house or building.
Vermin Act, 1918 (No. 2 of 1919)—sec. 62 (b) ii.	Recovery of rates.
Roads Act, 1919 (No. 38 of 1919)—sec. 99 (e) ...	Recovery of costs ordered to be paid by candidate in connection with proceedings relating to disputed returns.
Second Schedule :

Regulation	21	...	Recovery of expenses incurred in re- lation to dangerous building.
23	...	Recovery of expenses incurred in re- lation to ruinous, dilapidated, or neglected buildings. i
24	...	Recovery of prescribed fees payable to a board in connection with any dilapidated or neglected building.

Stamp Act, 1922 (No. 10 of 1922)—sec. 39 ... Recovery of stamp duty and fines for late stamping.

Inspection of Machinery Act, 1922 (No. 11 of Recovery of fees payable under the

1922)—sec. 77 Act.

1932.] Justices. [No. 26.

EIGHTH SCITIMITLE—continued.

Enactment and Section. Subject matter.

Inspection of Scaffolding Act, 1924 (No. 39 of Recovery of cost of inquiry concern-

1924)—sec. 14 (9) ing accident.

sec. 23 ... ... Recovery of fees payable under the

Act.

Industrial Arbitration Act, 1912-1925 (Appen- Recovery of fines, fees, levies and

dix, 1925, Sessional Volume of Statutes)—	dues payable to an industrial union
sec. 1-19	or association.

Coal Mines Regulation Act, 1902 (Appendix

1926, Sessional Volume of Statutes)—secs.

13 (6) :	13 (10)	Recovery of cost of proceedings for removal of check weigher.
26 (1.)	Recovery of cost of inquiry as to competency of manager, under- manager or overman.

Legal Practitioners Act, 1897 (Appendix 1927, Recovery of fees payable under the

Sessional Volume of Statutes)—sec. 52 Act or Rules.

Education Act, 1928 (No. 33 of 1928)—sec. 12 (2)	Recovery of fees for instruction.
Pawnbrokers' Ordinance, 1860 (Appendix 1928,	Recovery of sum ordered to be paid to pawnbroker who is ordered to deliver up goods unlawfully de- posited, pawned, pledged, sold or exchanged.

Sessional Volume of Statutes)---sec. 23

Health Act, 1911-1926 (Appendix 1931, Ses- Recovery of contributions as be.

sional Volume of Statutes)—see. 64 (c)

tween owners for expenses incurred

in constructing drains.

see. 68 Recovery of cost of inspecting and removing stagnant water from cellar.

.	see. 69	...	Recovery by occupier from owner of premises of statutory expenses in- curred in connection with paving, asphalting, or draining cellar.
sec. 75 (2) ..	Recovery of sum fixed as cost of sewerage communication or con- nection to premises.
see. 89	Recovers- of sum fixed for cost of in- spection and works done in con- nection wth bacteriolytic plant.
sec. 98	...	Recovery of costs of cleansing courts, private ways, common yards, uri- nals, sanitary conveniences, and common massages.

sec. 108 (2)... Recovery of cost of right-of-way by local authority from owner of pre- mises.

See. 109	...	Recovery of expenses incurred by local authority under Division 6 of Part IV. of the Act.
see. 146	...	Recovery of expense incurred by local authority in cleaning up nuisance.
see. 149	...	Recovery of expense incurred by local authority in abating nuis- ance.

No. 26.] Justices. [1932.

EIGHTH SCREDITLE—continued.

Enactment and Section. Subject matter.

Health Act, 1911-1926 (Appendix 1931, Ses- Recovery of cost of putting slaughter

sional Volume of Statutes)—sec. 160

house in condition conforming to

requirements of the Act.

see. 165	...	Recovery of expenses incurred by local authority in the examination, detention, seizure, or destruction of any animal or food where the justices find that the animal or food or any portion thereof was diseased, unsound, or unwhole- some, or unfit for human con- sumption.
sec. 212	...	Recovery by local authority of cost of sanitary work or of remedying sanitary defect.

sec. 216 (5)	Recovery by local authority of cost of cleansing or disinfecting pre- mises and articles.
sec. 220 (2)	Recovery from infected person of the cost of disinfecting vehicle which the infected person has entered.

sec. 314 ... Recovery of moneys, costs, and ex- penses payable under the Act, regulations or by-laws (other than fines, penalties and forfeitures de- signated as such).

Date of operation. 7. This Act shall come into operation on the first day of

January, 1933.

Citation of prim	8. The principal Act as amended by this Act may be
elpal Act as

amended. cited as the Justices Act, 1902-1932.