Justices of the Peace Act 1842 (SA)

VICTORIB REGINE.

By His ExcelZency ~ E O B G E GREY Estuire Governor and Commander-h- Chief of Her Majesty's Province of $ozrth Australia alad its Dependencies and Vice Admiral of the same by anti? with the aduice and consent of the Leyislaliue Council.

AN ACT for regulating summar;y Pwceedings b<fore Justices o f

the Peace.

HEREAS it is expedient and newssary to make provision for

regulating summary proceedings before Justices of the

Peace in the cases and in the manner hereafter mentioned-

BE IT THEREFORE ENACTED BY HIS EXCELLENCY GEORGE GREY h m e d i n g a before

ESQUIRE Governor and Commander-in-Chief of Her Majesty's in slummar).	Justices of the Pcncr
Province of South Australia and its Dependencies and Vice Admiral of the same by and with the advice a d conscnt of the Legislative Council thereof-

(and no particular mode or proceeding ahall have been or shall be by any such Act dirwtcd in that behalf) it shall be lawful for any one Justice to rcccivc the original informat;ion or complaint and to issue a summons or warrant requiring the pwties and witnesses to appear before himself or before any one or more Justices as the case may require and upon the appearance of the defendant or his or her contempt

I. That from and after the passing of this Act in all cases wherein

by any Act or Acts heretofore made and passed or hereafter to be made and passcd any procccdings shall have been or shall be directed to be had or matter authorised to b~ heard and determined by or

before one Justice or any two or more Justices in a summary way

contempt by not app r having been duly summoned in

manner hereinafter m	after sufficient time for his or her
appemmce s h d h	ed it shall be lawful for such
Justice or Justices	reqwe) upon due proof on oath

of the mattem and examine into and hear and ay and examine upon oath all

necessary witnesses produ his or their judgment thereon

and in case such Justice

convict the defendant and

r pecuniary penalty and he or

or penalty together with the

such conviction to be assessed and

es into the hands of the said

ting Justices (in case there

rthwith or within such time

n may order not exceeding

any previous demand of

such penalty other than the order of such Justice or Justices then it shall

belawful for such Justice orkstices or either ofthcm or for any other

Justice of the Peace upon Fproof made to him of such default in

payment to cause such -fine& penalty and costs and charges to be

levied by distress and S the goods and chattels of the offender

the overplus after dcdu	the charge of such distress and sale to
be rendered to the sai	er Provided that if upon thc return

Bow penalties &c. to of the oficer charged execution of the said distress it shall

be ler~ed dlntreee (~nd

imprisonment.	a p p r that no mfficie	can be found or the party adjudged
to pay any money S	e time of the said adjudication or
conviction declare th	e has no goods or chattels on which
the said distress can	n the convicting Justice or Justices

or either of them o	stice of the Peace may by warrant
commit such offe	er Majesty's gaols there to remain
and be impriso	or -to be kept to hard lrtbor in the
'discretion of the	any time not exceeding the time

hereinafter ment not exceeding scven clear days

- where the whole sum to be lejied or remaining unpaidtogether with

the costs shall not exceed td@ shillings for a term not exceccting

fourteen clear days where tl& said sum and costs shall imt uaceal	one pound for a term not ex&eding one calendar month wllerc the
said mm and costs shall not bxceed five pourds and for a term not exceeding three calendar mon@s where the said sum and costs shall .be of any greater amount and" may if he or she shall think fit direct that the offender shall be keptt$n separate confinement not exceeding one month unless the said su@ to be levied together with the costs
shall be sooner paid. ,

Power to detain till

return made to war; 11.' And be it Enacted That.it shall be lawful for such Justice or

,,faistress mlws Justices at his or their discredon to order the offender so convicted

reeurity	to be kept and detained in s$e custody until re turn shall be made
to such warrant of distress unkss such offender shall give sufficient
~~~ty to the satisfaction of s4ch Justice or Justices for his appear-
ance before him 6r them on silch day or days as shall be appointed fox3 the return of such warrant bf distress not being more than eight

days

days from the. time ,of* taking such seqwi&~nd such security .sqch Juetice or Justices is and are hereby w,pcfwered to tqke by, way .of recognizame or otherwise aa to him or thr& shall seem prapex or,+ case it shall appear to the setisfacti~n .of:< such. Justice or Justicps

either by the confossion of the offmden or otherwise that be hath not goods or chattels within the juxisdition of such Justice, or Justices sufficient whereon to levy all quch. fines pondties or fo~-feitwes casts and charges such Jwtice justices may; at, his or their discretion without issuing any warrant of.distress commit the offender for such period-of time and in such &nd like manneS as if a warrant of distress had been issued, w d h w l l a Oona retqned thereon.

111. And be it Enacted That all sums of mney which any pason ~ e c o g n. leances %ay

is bound to pay under any recognizance taqen for any appearancc ~~~~~~~ in "*'

before a Magistrate and afterwards foxfeited k case of non-payment thereof may be levied by such Magistrate hapJ'ng jurisdiction in the matter with costs by distress and sale of thq goods and chattels of the person liable to pay the same by warrant under the hand of such Magistrate and the like proceedings may be hacl thereon as by this Act is directed for the recovery of any: fine yel&lty or forfeiture.

W. And bc it Enacted That in all cases in yhich no other m d e Service ofsummons.

of praceeding sLdl have been or shall bcin that behalf provided the directing of any summons to any pcrson whatQever in the name or mmes by which he or she is or has been ustlally known whether the same b e the real or the feigned or assumed name or names. of such person and the leaving of such summons at his or her then or last usual place ~f abode or the affixing a copy &ereof on one of hthe

doors orz some other conspicuous part of the oatside of such abode (soch service being.provcd on the oath of the pqsorl so serving such summons and it bemg also in lilrr! manner provd to the satisfaction of' the sitting Justice or Justices at the hearing of the case that the person so serving such~summons hath endcavour@d to serve the same

o:l the party personally but without effect and that he verily believes shall bo deem& to be o lcgal and effectual service on such party. as

t h t such party hath kept out of the way to avoid such service)

fully to all intents and purposes as if the same summons had, been personally scrvecl on such pztrtv and as if the same hacl been directed in his or her p~uper and red nnmes and that eyery summons may direct* the. party to appear either before the Justice or Justices issuing the same or before any one or more Justice or Justices gene- rally as the case may require (without naming any Justice) Provided that; such summons shall direct the party so to appear at a t b e and place certain to be named in such ~ummo-ns,

V. And be it Enacted That in all cases in which any person shall TO regulate npperlr

be or is now entitled to appeal from any judgmeni or conviction. of any Justice or Justices under or by virtue of qay such Act as

aforesaid then if svch person (in case a pecuniary ~ n a l t y shall have hen awarded) shall pay into the hands of the convicting Justice or

one

one of the convicting Justices as the case may be) the full amount of such penalty together assessed costs and charges forth- with or within such time as the said Justice or Justices in their discretion may order not exc+ding one week next after such con- viction or (in case no pecuni&y penalty shall have been awarded) shall forthwith or within sue$ time as aforesaid after the date of such judgment or conviction $ad enter into a recognizance before

the convicting Justice or Jus#ces to the use of Her Majesty her heirs and successors with twof sufficient sureties to be approved by such convicting Justice or ~ubices conditioned to prosecute such appeal with effect and to abide$ the event of the same appcal and to pay the full amount of all such kosts as shall or may on such appeal

be awarded against the appeagng party and having entered into

such recognizance shall give $otice thereof and of his intention to appeal to the prosecuting party ;at least six days before the Sessions then it shall be lawful for such berson to appeal from such judgment or conviction to the next Genehl Sessions of the Peace (unless such Sessions shall be held within s~ days next onsuing and in that case to the General Sessions of the Peace next but one afterwards) Provided always that the conticting Justice or Justices at his or their discretion may within such time as aforesaid dispense with payment into Court of any such penalty costs and charges and allow

an appeal on sufficient recognizaces to his or their satisfaction and

on such notice being given as aforesaid Provided also that the matter of every such appeal shall be heard and determined by the Justices assembled and meetingiat a Court or adjourned Court of General Sessions of the Peace holden at such one of the places which shall or may be appointed for the holding of General Sessions of the Peace as shall happen to be the place (or nearest to the place) where the judgment or convidtion appealed from shall have been had and the Justices at such Sessions so assembled shall hear and thereupon finally determine the matter of every such appeal in a summary way and their judg&ent thereon shall be final and con- clusive to all intents and purpoqks and such Justices at such Sessions so assembled are upon such appeal hereby authorised to award in

either party not exceeding in 'the whole the sum of ten pounds. on	all cases such costs as to than shall appear proper to be paid by
any one appeal and in case the appeal shall be allowed and the conviction or judgment appealed from be quashed then (in cases where a pecuniary penalty was.awarded) the whole amount of such penalty and of the costs and cll&rges aforesaid shall be forthwith on demand returned to the party S+ appealing.

Repcal of term8 of

appeal of Acts ~f VI, And whereas by divers Acts of the Governor and Council of

Cuttncii. South Australia an appeal is allowed on terms and conditions other than as a,foresaid which has been found to impede the beneficial operation of the said Acts Be it Enacted That no appeal shall be allowed from the decision of any Magistrate under any such Act except on the terms and conditions hereinbefore set forth anything in anv such Act to the contrary xlotvithstanding,

VII. And be it Enacted That if an shall be summoned w i t n e ~ e a not & P S

pearing when rum-

to appear as a witness to give evidence be	y Justice or Justices ,,,,d	liable to a
touching any of the matters aforesaid an	neglect to appear or penalt~	of ~2 to m-
shall refuse to give evidence at the tim	ace for that purpose

appointed without a reasonable excuse neglect or refusal

every such person shall for evcry suc e forfeit and pay a

penalty or sum of not less than two p r more than twenty pounds which said penalty shall and may be $$coverable by proceed- ing bcfore any one Justice of the Peace who as hereby autllarised to hear m d dcterminc such offence in a sumaary way and shall he levied a i d bc appropriated in the manner bytthis Act directed with

respcct to all other cases by this Act intendedit0 be provided for.	U
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VIII. And be it Enacted That whcrc the &iclence of any person Persons wi~fu i l j keeping out of the

shall be required in ally of the matters a f ~ c s a i d or when such avoid giving

Justicc or J ~ ~ s t i c ~ s shall have lrowcr only to bake enquiry prclimi- elidenco may be. ay- prchended and

nary to a suI )~eq~cnt trial nad it bld1 bc p~evcd upoil oat11 to the detained.

satisfaciion of arry Justicc or 5~1Ltic~s that the erson whose evidence

is required has bccn drily s~immo;icd and ~ r i l f i $ l~ neglects to a y p a r or that such prrsoas yurpwly keep out of tlie way to avoid bting sumnoacd i t shall be lawfid fir such Justice o& Justices to issue his or thcir 1%-arrant to any pwce oficcr to npprdl&d and bring bcfore him or them such p13ermon sa wilfully i~eglecting to appear or so keeping out of the way ss aforesaid and to de$ain him or her until

he or she shall giw his or hcr cvidcnce a i d in Fase of a preliminary

enquiry further to detain sac11 person until be or she shall give security for his or her al~pearance as a. witneg in the court where

the subsequent trial is to be heard.

IX. And be it Enacted That in a11 cases (excqpt whcre a particlr- Formofconvicbor.

lar form of judgmcnt or conviction sllall haverbeen or shall be by

any Act directed-to be used in that behalf) a judgment or conviction in the i'orm or to tllc uffcct of the form (as the c&e shall happen to be) prcscribcd by the schedule to this Act annebed marked A shall be good d i d and effectual to all intents and ~ ~ r p o s e s whatsoever

without. setting forth or stating in any such c o n h i o n the name of	any witness or the particular place whcre the offewe was committed
or whether the dcfcndant appeared or was or was not sulninoncd to appear and without setting forth any part of the evidence or stating
the facts in any further or more particular maxlncr than shall be
necessary to show that the off'cnce was one agakst the true intent
and meaning of the Act creating such offence And no summary
conviction whatsoever by any Justice or Justices of the Peace whether under this or any other Act and whether a particular form
shall have been or s h l l be in that behalf directed or not shall be
quashed in any case for any mere matter of form 9r technical error or mistnke in any name or datc or title or in anv.matter of descrip- tion only but in all cases regard shall be had aloidto the substantial

l merits and justice of the case.

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I X. And be i t Enacted That no such conviction judgment award K O cerr*nri.

or determination or adjudicati made on appeal therefrom shall be removed by cwlioran' or othjrwise into any of Her Majesty'a Supreme Courts of Record injany case in which the convicting Justice or Court had jurisdictiol) in the subject matter.

XI. And be it Enacted Th&t every Justice before whom any * 5

offender shall be convicted sha* transmit the conviction to the next Court of General Sessions of the Pcace there to be kept by the proper officer among the record6 of thc Court and in any subsequent proceeding relativc to such conaction a copy thereof certified by the proper officer of' the Court nndck his hand shall be sufficient evidence to prove such conviction and the conviction shall be presumed to

have been unappcaled against uiitil the contrary be sbewn. i

ICscognizancen of XII, And whereas doubts lmye arisen as to the power of discharg.

persons surrendering

t h m for whom they	ing thc recogniaancev of perso'hs who hsve become bail for the
b v e became bail may	appearance of others to take tbch trial on ally charge of felony or
k &charged.	misdemeanor where the person$ so becoming bail arc desirous of surrendering the persons for \$hose appcarance they may have so become bail BC it Enacted Tl+t in evcry case where the persons who may have become bail byi recognizance fbr the appcamnce of any other person or persons ap aforesaid or either of tilcm shau prove upon oath to the satisfaction of the Justice or Justices before whom they entered into such &cognizance that there is reasonable ground to believe that the pcrlon or persons for whose appearance the recognizance has been en&red into mill abscond and make default it shall be lawful for a ~ c h Justice or Justices before the return of the recognizance to $he Court in which the trial is to be had to receive from such bail OB either of them the surrender of the person or persons for whose appearance bail has been so given and by warrant to commit the per$on or persons so surrendered to the common gaol there to await his er their trial in the same manner as if such bad had never been gben and the said Justice or Justices shall return the said recognizance to the propcr Court with a memorandum thereon that the &same has been discharged by the surrender of the arty for whwe appcarance it was entered into party accused committed as afoQ.esaid by the Supreme Court or by Provided always t fi at such recognizance may be discharged and the any Judge thereof in cases \\;Bere such Court shall see fit.

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Diribntion of XIII, And be i t Enacted That in all cases where by any Act a

penalties.	pecuniary penalty of uncertain 'amount shall have been or shall be
imposed (that is to say) a penalty or sum of not less nor more than
an amaunt in that behalf specified the amount of every such penalty (within the limits so rescribed) shall be in the discretion of the convicting Justice or Pustices a&d that every penalty awarded by such Justice or Justices shau ib aU cwes (except where otherwise provided by any such Act) and ewept where the informer or party prosecuting shall be examined as witness go and be distributed one moiety thereof to the use of Her Vajesty her heirs and successors for the public uses of t& P r p ~ c e d the support of the Government

ther4

thereof and the other moiety to the &c of the informer or party

prosecuting who shall also be in all case4 entitled to his or her chats and charges over and above such penqty to be ascertained and assessed as aforesaid.

XIV. Provided that in order to disc$urage corrupt practices by For diacoamging common informers it shall be lawful fir any one of the Justices mmm0ninf'm4m bcfore whom any conviction shall be h@ whether any share shall

be directed to be paid to the informer by b y AA or not to adjudge

that no part or such part only of the pknalty as he shall think fit

&all be paid to the informcr. i'

XV. And be it Enacted That all subs for penalties and other pmeacdingr

proceedings which by any Act of Councp of the Province shall or wder

may be prosecatecl or taken according td the provisions of the Act

of Colxncil passed in the third year of IIet present Majesty's reign

(No. 10) or any other law heretofore in fwce within the Province

for regulating Summary proceedings bcf&e Justices of the Peace "

may in like manner be prosecuted or pken according to the

provisions of this Act. c ";

GEOXGE ~ E Y,

~ o v e r r k r of South Allstrtilia

r:

Passed the Legislative CoumiE this Second

day qf &ovcmber, One Thowsand Eight

Hundred a d Forty-two.

A. M. MUNDY,

Clerk of Councfl.

Form of Jydgment or Conviction.

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South Australia to wit- 2

Be it remembered that on this day of l 8

name] of [place] was contictcd me A. B. [ o r us A. B. and C. D.] one

E or two or more as tJle Majesty's Justices of thc Peace upon an

information in that bchalf of the Justice or Juslices] on the

day of 2 now past by A. B. of

in the said Province for that on the day of 18

E state the fact or ofence i n of which the j d p n e n t o?. cowicfion is had] I

or we] do in pursuance of such case made and provided for [state the

prinm$al swbjeot of Act

adjecdication and 9

offence [where +?ecessary add beiny';his or her second or third or szdsequent ofence ns the case moy be] forfeit and pay the bum of pounds to go and be

distributed as in and hy the sai4 Act [or such Act shnll not Aaae spec~j7cally

provided for any distrihtion of RN& p m a l f y k ~ r e state the 15th' qf the Actproviding

for distribution] is yro~lidcd besicle$ the costs and charges of and attending this

conviction which said costs and cbrgcs I [or we] the said Justice [or Justices] do

hereby ascertain and asscss at the S& of

Given under my hand and seal p r our hands and seals] the day and year first

r;bove written.

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ADSLIIDI : Priutcd by authority, by W. C. Cox, Government Printer, Victurio rqurua