Justices Appointment Act 1895 (WA)

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No. XI.

AN ACT to amend the Law as to the

Appointment of Justices of the Peace.

[Assented to, 2gth August, ig95.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows :- 13E it enacted by the Queen's Most Excellent Majesty, by and

1. THIS Act may be cited as " The Justices Appointment Act, Short Title.

1895."

IN this Act the word District " means a magisterial district within " The Magisterial Districts Act, 1886." Interpretation.

2.

3.

EVERY Justice of the Peace appointed before the passing of this Act shall continue to have and exercise jurisdiction throughout	Justices already appointed to be
Justices for the
the Colony, subject to the provisions of this Act.	whole Colony.

FROM and after the passing of this Act, Justices of the Peace shall be appointed and assigned to keep the peace in each	Appointment of
Justices for each
district.
district, and may be so assigned by a commission under the seal of

4.

59° VICTORLE, No. 11.

Justices Appointment Act, 1895.

this Colony, in the form contained in the Schedule to this Act, or to

the like effect.

5   WHENEVER a new Commission of the Peace is issued

Justices need not be

sworn again when a	superseding any commission previously in force, all persons who
new commission is	were included in such superseded commission, and have duly taken
issued.	the oaths required by law, may, if included in such new commission, but not otherwise, act as Justices of the Peace throughout the Colony, or within the district or districts, as the case may be, to which they are respectively assigned, and shall not be required to take any further oaths.

6.      WHENEVER the Governor, in exercise of the powers given

Jurisdiction of

Justices residing	to him by " The Magisterial Districts Act, 1886," declares a new
in existing district	district either wholly or partly within an existing district, every
appointed.
when new district	Justice of the Peace for the existing district who shall, at the time of such declaration, have his usual residence within the new district, shall immediately after such declaration have and exercise jurisdiction in the new district only: Provided that it shall be lawful for the Governor to assign any Justice of the Peace to exercise jurisdiction in more than one district.

7.      NO Justice of the Peace assigned to any one or more

Justices not to act	districts shall exercise the powers, perform the duties, or possess the
in their districts.	privileges of a Coroner save in the district or districts for which
Amendment of	he is assigned, and the Ordinance 19 Victoria, No. 10, shall be read
Ordinance, 19 Vic.,	and construed accordingly.
No. 10.
8, EVERY member of the Executive Council, every Judge of the Supreme Court, every Chairman of General Sessions, and every Police or Resident Magistrate shall, by virtue of his office, and without any further corn mission, appointment, or authority than this Act, be a Justice of the Peace of and -for the whole Colony.
Certain ex cflicio
Justices.

as Coroners except

9.      THE Governor in Council may prohibit any person who, by

Governor may

prohibit Justice	virtue of Her Majesty's Commission or of holding any of the offices
from acting.	herebefore mentioned, except a member of the Executive Council or Judge of the Supreme Court, is at any time a Justice, from acting as such Justice, and from the time of the publication in the Government
Gazette of the order prohibiting any such person from so acting, such
person shall be incapable of acting as a Justice until he has been newly appointed to any such office as aforesaid, or has been newly assigned by Her Majesty in that behalf.

Justice may act in	10.	NO Justice of the Peace shall be disabled from acting in the
municipal matters

although a rate-	due discharge and execution of his duties as such Justice, in any
payer.	matter relating to any city, town, or roads board district, by-reason

59" VICTORI2E, No. 11.

Justices Appointment Act, 1895.

only of his being a ratepayer or a member of or interested in the

concerns of any such city, town, or roads board.

11. EVERY act done or purporting to have been clone by or

before a Justice of the Peace shall be taken to have been done Presumption.

within his jurisdiction, without an allegation to that effect, unless

and until the contrary is shown.

12.

NO act done by a Justice, in respect of which he has jurisdiction, shall be deemed invalid merely by reason of the fact	Act of Justice not
invalidated merely
that at the time of doing such act lie was outside the limits of his	because of being
jurisdiction, and it shall not be necessary that any conviction, order,	outside his
jurisdiction.
or other proceeding, over which a Justice has jurisdiction, should appear to be made or clone within the geographical limits of the jurisdiction of the Justice making or doing the same.

13.

A WARRANT of commitment or of remand shall be valid throughout the Colony notwithstanding that the gaol or other place

Warrants of

commitment and

to which the defendant is committed or remanded, or any place into

throughout

remand valid

or through which lie is taken by virtue of the warrant, is outside the

the Colony.

limits of the jurisdiction of the Justice by whom the warrant is

granted.

WHEN any Justice of the Peace issues a warrant or summons, purporting on the face thereof to have been issued within	Warrants and
summonses may be
the limits of his jurisdiction, such warrant may be executed, and such	executed and served
throughout the
summons may be served, within any part or parts of -Western	Colony.
Australia, although beyond the limits of such jurisdiction.

14.

15.

WHERE in any Ordinance or Statute reference is made to a Justice or Justices of the Peace for the Colony, or any duty is imposed	Mention of Justices
in other Acts, etc., to
or power or authority conferred upon, or any act or thing directed to	be read with refer-
be done or suffered in relation to such Justice or Justices, the same	ence to this Act.
shall, so far as the context admits, be read as if referring to a Justice or Justices of the magisterial district, as well as to a Justice or Justices for the whole Colony.

Provided nevertheless, that nothing in this Act contained shall Certain non-judicial

render invalid any oath administered or statutory declaration taken	acts not to be
or certificate or attestation given or made by any Justice of the Peace	aff
be:tcatind'acts valid
after the commencement of this Act, whether within or without the	though done outside
district or districts for which he is assigned.	the district.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

59" VICTORIA No. 11.

Justices Appointment Act, 1895.

SCHEDULE.

Foam or CommismoN.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith : To the several persons whose names are mentioned in the Schedule hereunder written, Greeting : Know ye that we have assigned you jointly and severally and every one of you, our Justices, to keep the peace in our district of and to keep and cause to lie kept all Ordinances and Statutes made for the good of the peace and for the preservation of the same, and for the quiet rule and government of our people in our said district, according to the force, form, and effect of the same. And therefore we command you and every of you that to keeping the peace and the said Ordinances and Statutes you diligently apply yourselves, doing therein what to justice appertains, according to the law of our Colony of Western Australia, Witness our trusty and well-beloved Governor and Commander-in-Chief in and over our said Colony- and its Dependencies, at Perth, in the said Colony, the

day of in the year of our Lord One thousand

(L.s.) [Governor's Signature.]

By Authority RICHARD PE• nEn, Government Printer, Perth.