Justices Appeal Act of 1881 No 16a (NSW)

No. IV.

A n Act to improve the administration of the

law so far as respects summary proceed­

ings before Justices of the Peace. [4th

October, 1881.]

arise in the exercise of summary jurisdiction by Justices of the Peace	WH E R E A S it is expedient that provision should be made for obtain­ing the opinion of the Supreme Court on questions of law which
B e it therefore enacted by the Queen's Most Excel lent Majesty b y and
with the advice and consent of the Legislative Council and Legislative Assembly of N e w South Wales in Parliament assembled and by the authority of the same as follows : —

1. After the hearing and determination by a Justice or Justices

of the Peace of any information or complaint which he or they have

power to determine in a summary way by any law now in force or

hereafter to be made either party to the proceeding before the said Justice or Justices may if dissatisfied with the said determination as being erroneous in point of law apply in writing within eight days where the information or complaint shall have been determined in the County o f Cumberland or within one hundred miles of the City of Sydney or within sixteen days if within two hundred miles of the City of Sydney or within twenty-four days if over two hundred miles f rom Sydney after the same to the said Justice or Justices to state and sign a case (which may be in the form in the Schedule A hereto) setting forth the facts and the grounds of such determination for the opinion thereon of the Supreme Court o f N e w South Wales and the party applying hereinafter called the " a p p e l l a n t " shall within five days after receiving such case transmit the same to the Prothonotary

of the Supreme Court first g iving notice in writing of such appeal

with a copy of the case so stated and signed to the other party to the proceeding in which the determination was given hereinafter called

" respondent."

2. The appellant at the time of making such application and

before a case shall be stated and delivered to h im b y the Justice or

against be reversed.

Justices shall in every instance enter into a recognizance before such Justice or Justices or any one or more of them or any other Justice exercising the same jurisdiction with or without surety or sureties and in such sum as to the said Justice or Justices shall seem meet condit ioned to prosecute without delay such appeal and to submit to the judgmen t of the Supreme Court and pay such costs as may be awarded b y the same and the appellant shall at the same time and before he shall be entitled to have the case delivered to h im pay to the Clerk of Petty Sessions his fees for and in respect o f the case and recognizances and any other fees to which such Clerk shall be entitled which fees (except such as are already provided for b y law shall be according to the Schedule to this A c t marked " B " and the appellant

if then in custody shall be liberated upon the recognizance being

further conditioned for his appearance before the same Justice or Justices or if that is impracticable then before some other Justice or Justices exercising the same jurisdiction who shall then be sitting within ten days after the judgmen t of the Supreme Court shall have been given to abide such judgment unless the determination appealed

3. I f the Justice or Justices be of opinion that the application is merely frivolous but not otherwise he or they may refuse to state a case and shall on the request of the appellant sign and deliver to h im a certificate of such refusal provided that the Justice or Justices shall not refuse to state a case where application for that purpose is made to h im or them by or under the direction of Her Majesty's At torney General for the said Colony.

4. W h e r e the Justice or Justices shall refuse to state a ease as aforesaid it shall be lawful for the appellant to apply to the Supreme Court upon an affidavit o f the facts for a rule calling upon such Justice or Justices and also upon the respondent to show cause w h y such case should not be stated and the said Court may make the same absolute or discharge it with or without payment of costs as to the Court shall seem meet and the Justice or Justices upon being served with such rule absolute shall state a case accordingly upon the appellant entering into such recognizance as is hereinbefore provided.

5. The Court shall hear and determine the question or questions

of law arising thereon and shall thereupon reverse affirm or amend the
determination in respect of which the case has been stated or remit the matter to the Justice or Justices with the opinion of the Court thereon or may make such other order in relation to the matter and may make such order in relation to costs as to the Court may seem fit and such orders shall be final and conclusive on all parties Provided always that no Justice or Justices of the Peace who shall state and deliver a case in pursuance o f this A c t shall be liable to any costs in respect or b y reason of such appeal against his or their determination.

G. The Court shall have power if they think fit to cause the

case to be sent back for amendment and thereupon the same shall be amended accordingly and judgment shall be delivered after it shall have been amended.
7. The authority and jurisdiction hereby vested in the Supreme Court shall and may (subject to any rules and orders of the said Court in relation thereto) be exercised by a Judge of such Court sitting in Chambers and as well in vacation as in term time.

8. Af ter the decision of the Supreme Court in relation to any case stated for their opinion under this A c t the Justice or Justices in relation to whose determination the case has been stated or any other Justice or Justices of the Peace exercising the same jurisdiction shall have the same authority to enforce any convic t ion or order which may have been affirmed amended or made by such Court as the Justice or Justices who originally decided the case would have had to enforce	his or their determination if the same had not been appealed against
and no action or proceeding whatever shall be commenced or had
against the Justice or Justices for enforcing such convict ion or order
by reason o f any defect in the same respectively.
9. N o writ of certiorari or other writ shall be required for the removal of any convict ion order or other determination in relation to which a case is stated under this A c t or otherwise for obtaining the judgment or determination of the said Court on such case under this
A c t .

10. The Supreme Court may from time to time and as often

as it shall see occasion make and alter rules and orders to regulate the practice and proceedings in reference to the cases hereinbefore mentioned.

11 . I n all cases where the conditions or any of them in the

said recognizance mentioned shall not have been complied with the Justice or Justices who shall have taken the same or any other Justice
or Justices shall certify upon the back of the recognizance in what
respect the conditions thereof have not been observed and transmit

the

the same to the Clerk of the Peace for the said Colony to be proceeded upon in like manner as other recognizances forfeited at the Quarter

Sessions may now by law be enforced and such certificate shall be

deemed sufficient prima facie evidence of the said recognizance having

been forfeited.

12. Any person who shall appeal under the provisions of this
Act against any determination of a Justice or Justices of the Peace

from which he is by law entitled to appeal to the Quarter Sessions shall bo taken to have abandoned such last-mentioned right of appeal

finally and conclusively to all intents and purposes.

13. Any person who shall feel aggrieved by the forfeiture of any recognizance under this Act shall have the right to appeal to the next Court of Quarter Sessions holden nearest to the place where the com­ plaint or information may have been determined of which appeal he shall give the Clerk of the Peace and the respondent five days notice and the Court of Quarter Sessions shall have the same power to deal with such recognizance upon such appeal as such Courts now have to deal with recognizances when forfeited in such Courts and to make such order thereon as to the Judge thereof shall appear to be reason­ able and just.

14. The provisions of this Act shall not in any way interfere with curtail or limit the powers of any person to apply for a writ of prohibition against the determination of any Justice or Justices as such power now exists.

15.   This Act may be cited as the "Justices Appeal Act of 1881."

SCHEDULES.

S C H E D U L E A.

In the Supreme Court of
New South Wales.
IN the matter of an appeal from the determination of the undersigned (two) of Her Majesty's Justices of the Peace in and for the Colony of New South Wales in a proceeding before us at in the said Colony between A B complainant and

C D defendant.

T H E (information or complaint as the case may be) alleged that (here state the charge or
claim) The defendant pleaded not guilty and after hearing the parties and the evidence

adduced by them we did on the day of 18 convict the said

defendant of the said offence and adjudged him to pay the sum of for the same (or in case of civil case say) make an order against the defendant for the payment by him

to the complainant of the sum of or dismiss the said information or complaint.

The (defendant or complainant) alleging that he was aggrieved by the said deter­ mination as being erroneous in point of law did within (here state time according to

distance) thereafter apply in writing to us to state and sign a case setting forth the facts

and the grounds of such determination for the opinion thereon of this Honorable Court and did at the time of making such application and before the stating of this case before

a Justice of the Peace enter into a recognizance to Her Majesty in the sum of
with a condition to prosecute this appeal with effect and without delay and to submit to the judgment of this honorable Court and pay such costs as may be awarded by the same and thereupon in pursuance of the Act in such case made and provided we state and sign

the following case (here set forth the depositions taken in the case if any if no depositions

proceed as follows) :—

I t was proved (or admitted as the case may be) upon the hearing that (here state

the facts) W e determine that the matter hereinbefore stated afforded no ground of

answer or defence to the said (complaint or information as the case may be) or was
insufficient to support the said (complaint or information).

The question for the opinion of the said Court is whether our said determination was erroneous in point of law.

Dated day of A.D. 18

J . J .

J.J. Justices of the Peace.

S C H E D U L E B.

SCHEDULE B.

Fees to be taken by Clerks of Petty Sessions.

s. d.

For drawing case and copy where the case does not exceed five

folios of ninety words each ... ... ... . . . 10 0

For every additional folio (beyond five folios)... ... . . . 1 0

For the recognizance ... ... . . . ... . . . . . . 5 0

For every enlargement	or renewal thereof	...	. . .	. . .	2	G
For certificate of refusal of case	...	. . .	. . .	. . .	2	0