Justices Procedure Act 1883 (SA)

ANNO QUADRAGESIRIO SEXTO ET QUADRAGESIMO

SEPTIMO

VICTORIE REGINB.

A.D. 1883-4.

No. 298.

An Act to amend the Law with regard to the Duties of

Justices of thc Peace.

[Assea ted to, fi-ebmary 28tk, 1884.1

THERE,2S it is c~xlrctlirnt to aincrrd the law relating to the heamble.

m/ duties of Justices of thc X'cacc, and to make further and better provision for its achi nistmtion in certain cases-Be i t there-

fore Ennctecl by the Covcrnou of t h c r Provinw of South Australia,

with the advice and coi~selit of thc Legivlntive Council and House of Asscmbly of the said pn)vince, in this present Parliarncnt assembled, as follows:

6-298

1.	This Act may	be citcd as	The Jllstices Proccdurc	Amend-	S h o ~ t i t l e ~ c ~ m m e n c e -
ment and division

ment Act, 1883-4," and shall come into operation on a clap to be fised into parts.

by the Govsrrlor Ly Proc1;mntion in tllc Gorernment Guzette.	This
Act shall be dividcd into three parts, that is to say-

PART	1.1ndictable Offences and Procedure therein:
PART	11.--Summary Jurisdiction by Just,ices and the Procedure

thereunder:

P A R T 111.-Mode of obtaining the Opinion of the Supreme Court

on Questions of Law which arise in the exercise of

Snmmaxy .J~lrisdic.tion by J ustices of the Peace:

PART rv.-Amendments on Appeals from convictions and orders

of Justices of the Peace.

2, In' this Act, if not inconsistent with the context, the following hterpretation.

expressions

46" & 4 7 O VICTORIE, No. 298.

The Justices Procedure Amendment Act .1883-4.

expressions shall haw the meanings hereinafter respectively assigned

to them-

The expression " future Act" shall mean any Act passed on ox after

the commencement of this Act:

The expression "Thc Summary Jurisdiction Act, 1850," shall mean

an Act No. 6 of 1850, intituled "An Act to facilitate the performance of thc Duties of Justices of the Peace out of Sessions with respect to summary convictions and orders ":

The expression L' Local Court " shall mean any Local Court hereto-

fore established, or hereafter to bc appointed under or by virtue of any Act now in force, or hereafter to bc passed, regulating the establishment and jurisdiction of Local Courts:

The words a Justice" or Justices " in this Act shall mean onc or

more Justices of the Peace. and shall include the Police Magistrate of the city of ~he la ide, and any Stipendiary or Special Magistrate:

This Act s h d, so far 3 a ~ is consistent with the tenor thereof, be

construcd as one with '' The Summary Jurisdiction Act,

1850."

INDICTABLE OFFENCES AND PROCEDURE THEREIN.

Accused erson to be 3. In all cases where an); pcrson shall appear before any Justice,

~ k e d by justices if he

Jeaires to give

On his Own charged with any iniiicta.blc offence wheresoever committed, and

behalf, or to make whetllcr such pmson appear vduiitarily or up011 summons or has

an statement, or to been apprehended with or without ~varrant, or be in custody for

cn 1 witnesses.	P	the same or any other offence, such Justice, immediately after the
examination of rill the mitnesscs on the yarl of the prosecution has been completed, shall say to such accused person these words, or
words to the like effect: Having heard the evidence for the prosecution, do you wish to hc sworn and give evidcncc on your own behalf, or do

you dcsire to say anything in answer to the charge ? You are not obliged to be sworn and give evidence, nor

are you required to say anything, unless you desire to do

so; but whatever evidence you givc upon oath, or any- thing you say, mill be talcen down in writing, and may be given in evidence against you upon your trial :"

And aftcr the :xccused person has g i ~ e i i evidence on his own behalf, or made any statement in answer to the charge, or has refused to be sworn nncl give evidence, or has declined to

m,akc any statement, the Justicv, before he shall commit such

accusecl pcrson f o ~ trial or admit him to bail, shall demand and nquirc of the ~ccuscd persoil whether he -desires to call any witness, and if the accused pcrson shall, in answer to such

.& demand

46" & 47' VICTORILE, No. 298.

The Justices Procedure Amendment Act.1883-4.

demand, call or desire to call any witness or witnesses, such	PABT	T,
Justice shall, in the presence of such accused person, take the statements, on oath Q' affirmation, made in examination, cross- examination, and re-examination of those who shall be so called as witnesses by such accused person, and who s l d l know anything rclating to the facts and circumstances of the case, or anything tending to proye the innocence of such accused pcrson, and shall put the same in writing; and such depositions of such witnesses shall be read over to, and signed by, the vitnesses who shall have been so cxamincd, and shall be signed also by the Justice taking the same, a i d transmitted in due course of law 'with the depositions; and such witnesses. not bcing merely witnesses to the character of thc accused. as shall, in the opinion of the Justice, give evidence in any way material to the case, or tending to prove the guilt or innoccncc of the accused person, shall Fe bound by recognizance to appear and give evidence at the said trial; and afterwards, npon the trial of such accused person, all the laws now in force relating to the depositions of witnesses for the prosecn- tion shall extend and be applicable to the depositions of witnesses hereby directed to be taken.

4. All the provisions of the Act 15 of 1849, rclating to the Provisions of NO. 16

sunimoning and enforcing thc attendance and corrirnittal of witnesses, this Act.	of 1849 to apply to
a i d binding them by and committal in default, and for giving thc accused person copics of the examinations, shall be read and shall have operation as part of this Act.

5. Any Judgc of the Court before which any person shall be ~ ~ ~ f ~ ~ ~ ~ ~ ~ b y

prosecuted or tried, or for trial before which he may be committed recognizance appear

or bailed to appear for any fclony, misdemennor, or other indictable may allow expenae8. at the trial, Court

offence, is hereby authorised and empowered in his discretion, at the request of any person who shall np{ear before such Court on rccog- nizance to give cvidcnce on behalf o i the person accused, to certify that such witness so appearing ought to be paid his expenses, and in

if he had been a witness for the prosecution, and shall be ascer- that case the amount to be paid to such witness shall bc the same as

tained in like manner, and shall be defrayed out of any rnoncys

provided by Parliament Eor allowances to witnesses.

6, Where any witness who has been called and examined before Deposit+ of p i s o - ner a wltnesa dymg

the Justices by and on behalf of a person committed for trial, or b	ef ore	trial,
held to bail, happens to die before the trial, if the person on trial so require, the dcpositioc of such witness may be read in evidence to the jury in the defence of such person.

7. Where any person is charged before a Justice of the Peace ~;?t;~~~$~;8

with felony, or with any indictable misdemcanor, and in the certificates of ex-

opinion of such Justice the charge was bond $de made upon reason- ~ ~ ~ P ~ ~ ~ ~ ~ ~ ~ ~ ~ "

able and probable cause, such Justice may in his discretion, at the mittd for trial takea

request of the prosecutor, grant a ccrtificatc of the expenses and of place*

the amount to be allowed for the trouble and loss of time to the

witnesses

46" & 4 7 O VICTORIK, No. 298.

The Justices Procedure Amendment Act.-1883-4.

PART	I.	witnesses so appearing and examined on such charge of fclony or misdemeanor, notwithstanding the parties may not be bound over by recognizance to prosecute and give evidence, and although no com- mittal for trial may take place: Provide& that any certificate so granted as aforesaid shall bk subject to the regulationH for the time being in force with regard to certificates granted by examining Magistrates under "The Criminal Law Consolidation Act, 1876," and shall be payable in manner directed by section 3 of the Act No.
166 of 1880.

Power to t.ke d v -

sitions of personn 8, Whenever it shall be made to appear to the satisfaction of any

Justice that any person dangerously ill, and, in the opinion of some

aangmuBly m

not likely to

and to make the same

legally qualified medical practitioner, not likely to recover from such

evidenceafter de8th.

illness, is able and willing to givc material information relating to any indictable offence, or rclatirig to any pcrson uctused of any such offence, and it shall not be practicable for any Justice or Justices to take an examination or deposition in accordance with the provisions of the Act No. 15 of 1849 of thc person so being ill, it shall be lawful f ~ r thc said Justice to take in writing the state- ment on oath or affirmation of such person so being ill, and such Justice s l d thereupon subscribe the same, and shall add thcrcto by way of caption a statement of his reason for taking the same, and

8 c h e d d e ~ o.	I.	of the day and place when and where thc same was taken, and of the names of the persons (if any) prcscnt at thc taking tl~crcof, and,
if the same shall relate to any indictable offence fbr which any
accused person is alrcady committed or bailed to appear for trial, shall transmit the sarric with the said addition to the officer to whom depositions are by law required to be transmitted,; ~ n d who is hereby required to preserve the same; and if afterwards, upon the trial of any offender or offenders to which thc same may relate, the pcrson who made the statenzcilt shall be proved to be dead, or if it shall be

Schedule NO. 2.	proved that therc is no reasonable probability that such person will ever be able to travel or to givc evidence, it shall be lawfill to rend such statement in evidence, either for or against the accused, without further proof thereof, if the samc purports to bc sigued by the
it be proved to the satisfaction of thc Court that reasonable notice Justice by or before whom it purports to bc taken: And provided
of the intention to take such statement has bccn scrved upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and that such person, or his counsel or attorney, had, or might have had, if he had chosen to be present, full opportunity of cross-examining the person who madc the same.

Proviaion for prisoner Q, Whenever any yrisorw in actual custody shall have caused to

be'"gpreaent taking of deposition. at be served, or shall have received, notice of an intention to take such

>	statement as hereinbefore mentioned, the Judge or Justice before
whom the prisoner was committed, or a Visiting Justice of the gaol or prison in which he is confined, may, by an order in writing, direct the rraoler having the custodv of thc urisoner to canvev him to

lgchedule NO, 3,	the place bentioned the said botice, B r the purpose: fbeing present at the taking 02 the statement; and such gaoler shall
46" & 47' VICTORIA, No. 298.

The Justices Procedure Amendment Act.1883-4.

PART I.

convey the prisoner accordingly, and the expenses of such convey- ance shall be paid out of thc funds applicable to the other expenses of the gaol or prison from which the prisoner shall have bccn conveyed.

10. W hen any person accused of an indictable offence shall have Pe.r~(onsndmitted to

ball and suspected of

been admitted to bail by any Court, Judgc, Justice of the Pcacc, 01:, intation to ah-

person having authority in {.hat behalf, and any person shall gpe sconama~bemested.

information on oath to a Justice of the Peace of any facts which

raise a probable presumption that i t is the intention of such accused

person not to surrender himself in accordance with the condition of the

recognizance of bail cntcrcd into by him or on his behalf, such or

any other Justice of the Peace may iss-ue n warrant for the appre-

hension of such accused person, and may conlinit him to gaol, to be

there safely kept, notwithstanding his having been admitted to bail Schedules Nos. 4,6, 6.

as aforesaid, until he shall be thence delivered by due course of law.

11. The iruthority conferred upon any Justice of thtl Peace by Extension of time in cases where accused

section 12 of the Act No. 15 of 1849, to remand a person accused person is rcmmdcd.

of any indictable offence for a period not exceeding cight clear days,

is hereby extended to fifteen clear days.

12, The provisions of The Minor Offences Act7 1869," shall apply Minor Offences Act applicable to offence

to and include the offence of obtaining money or goods by false p m of ob&ining money,

&C., by false pre-

tences to thc value of Five Pounds. tences.

13. (1.) Where a child under the age of fourteen years who has ~ h ~ ' ~ o ~ ~ f t a b l e

not bccn before convicted or sent to a Reformatory School, is charged offences, unlcus

before two or more Justices of thc Pcarc with ally indictkble o ~ & c e ~~~~~",!,"n!'~parent

other than homicide, thc Justiccs, if they think it cxpcdicnt so to do, and if the parent or guardian of the child so charged, when in- formed by the Justices of his right to have thc child tried by a jury, does not object to the child being dealt with wmrrlarily, may deal summarily with the offence, and inflict the same description of punishment as might have been inflicted had the case been tried on i~ldictment : Provided that-

( a ) Where a sentence of imprisonment is awarded it shall be

without hard labor, and thc tcrm of such imprisonment shall

not in any case exceed two months:

"

( b ) Wherc a fine is awarded the amount shall not in any case

exceed Forty Shillings: and

, ( c ) Where the child is a male thc Justices may, either in addition to or instead of any other punishment, adjudge the child to be, as soon as practicable, privately whipped with not more than ten strokes of a birch rod by a constable in the presence of an inspector, or other officer of police of higher rank than

a constable, and also in the presence, if he desires to be

present, of the parent or guardian of the child.

(2.) For the purpose of a proceeding under this section, the

provision S

46" & 47" VICTORIE, No. 298.

The Justices Procedure Amendment Act. -1 883-4.

A T I. provisions of The Minor Offences Act, 1869," shall be adopted, so

far as the same are applicable thereto, and the Justices may, if they

think it desirable, make a statement for the information of such parent

or guardian of the meaning of the case being dealt with summarily,

and of the Court at which the child will be tried if tried by a jury.

(3.) Where the parent or guardian of a child is not present when the child is charged with an indictable offence, thc Justices may, if they think it just so to do, remand the child for the purpose of causing notice to be served on such parent or guardian with a view, so far ss practicable, of securing his attendancc at the hearing of the chwge, or the Justices may, if they think it expedient so to do, deal with the case summarily.

(4.) This section shilll not prejudice the right of the Justices to

send a child to a reformatory or .industrial school.

(5. ) This section shall not render punishable for an offcnce any child who is not, in the opinion of the Justices before whom he is charged, above the age of seven years, and of sufficient capacity to commit crime.

Meaning of the word	14, The expression	guardian " in relation to a child includes
gunrdian in relation

to child.	any person who, in the opinion of the Court having cognizance of any case in which a child is concerned, has for the time being the charge of or control over such child.
Incorporation with	15, The first part of this Act shall, so far as it is consistent with the same, be incorporated with the Act No. 15 of 1849, intituled " An Act to facilitate the performance of thc Duties of Justices of the Peace out of Sessions with respect to persons charged with indictable offences."

A C ~	16 of 1849.
PART 11. PAR'1' 11.

SUMMARY JURISDICTION BY JUSTICES AND THE Y EOCEDURE THEREUNDER.

Summary Jurisdic-	16. Any one or more Justices of the Peace sitting in open Court and forming a Court for the purpose of hearing and ad- judicating upon cases which he or they haw power to determine in a summary manner shall have the powers and perform the duties hereinafter following: Provided that in any casc where by law two or more Justices of the Peace are required to hear and deter- mine the offence or matter of complaint one Justice of the Peace may, if both parties to the proceeding consent in writing, hear and determine the same.
tion of Justice.
Appointment of cl&

of Courts of 8ummary 17. Thc clerk of every Local Court shall be es oficio a clerk of

Jurisdiction. any Court sitting as aforesaid in the township or place where such clerk yesidis; and in places where there is no Local Court established, or where it is inexpedient for the clerk of the Local Court to perform the duties of clerk of such one or more

Juclticeljr

46" & 47O VICTORIA, No. 298.

The Justices Procedure Amendment Act.-1 883-4.

Justices as aforesaid, the Governor may appoint a clerk who shall	PART	11.
attend to and discharge the duties of his office at the place for which he is appointed.-

18. If any such clerk shall take, accept, or receive from any ~ ~ ~ ~ l t ~; f ~ ~ ~ ~ ~ ~ t i ~ ~.

person any fee, gratuity, or rcward not allowed by law, or greater

in amount than is so allowed, he shall, on conviction thercof,

forfeit for every such offencc the sum of Five Pounds.

19. If any person wilfully misbehave himself at any Court runi&,tfw

where one or more Justices of thc Yeace shall be sitting as afore- contempt.

said, or wilfully interrupt the proceedings of any such Court, or,

in the opinion of any Justitice or Justices, be guilty of wilful

prevarication in giving evidence to such Court, he shall, on con-

viction thereof, forfeit any sum not exceeding Five Pounds, and in Schedule NO. 7.

default of payment may be imprisoned for any period not exceeding

seven days, or such person may be imprisoned for any period not

exceeding seven days, and may be forthwith convicted on view by

and before the Justice or Justices in whose presence the offence is

committed.

20. Where any person is convicted under the last Apolo~y may ha

accepted and punish-

section of wilful misbehaviour or wilful interruption, if, bcfore the ,,,t	commuted.
rising of the Court, he make to the c o n ~ i c t i n ~ Justice or Justices such an apology for such misbehaviour or interruption as by such Justice or Justices, in his or their uncontrolled discrction, shall bc decrned satisfactory, such Justice or Justices, if he or they think fit, may remit such penalty or imprisonment cither wholly or in part.

21, If, upon the hearing before any one or more Jmticcs sitting as Summary proceedings

aforesaid of any iuformatiou, complaii~t, or npqdici~tion~ the dcfen&tnt EJ$hsd at

shall, before any el-idence is @vm in support of such info~mation,

complnint, or application, make i t appear to such Justice or Justices,

either by the admission of the informant, complainant, or applicant,

which the Court may be holdcn more easv of access than the place	or by the oath of a credible witness, that there is a proper place at
where such Court is then sitting, not o d y from the placc of abode of such defenclant or person, but also from thc place where the subject-matter of such inforrn~ttion, complaint, or application arose, then and in that case such Court may desist from further proceeding
with the hearing of such infor~nation, complaint, or application.

22, Whencvcr any such objection as lastly hcrcinbcfose mcn- Conlpcnsntion nlay be

timed shall be established to the satisfaction of a Justice or Justices awilrdpil

vexatious cases.

so sitting as aforesaid, and the person making such objection shall at once complain to such Court that he has been brought to thc place where such Court is held vexatiously and oppressively, such Court shall forthwith, and without any furthcr summons or noticc, proceed to hear and determine the matter in a summary may; and if the Court shall be of opinion that such is the fact, the informant, complainant, or applicant slitall be subject and liable to pay to the

person

46" & 47" VICTORIW, No. 298.

The Justices Procedure Amendment A c t. 1 8 8 3 - 4,

PART Ir, person making such objection, by way of compensation or amends, mch sum not exceeding Five Pounds as shall be assessed by such Court, and in dcfault of payment the sum so awarded may be enforced by imprisonment for any period not cxcccding seven days..

Clerk may, ;l certain 23. If, on the return of any summons, or of any adjournment of

hearing of summons. the hearing, or at the timc to which the same may be postponed, cases, postpone

there be not present any Justice or a, sufficient number of Justices legally cornpitent to hiar and determine the subjectmatter of such summons, as the case may he, any one Justice or the clerk, if there be n clerk, shall, at the request of the informant or conq)lainant, postpone the E~cwing until the nest day on which a Justice or Justices, as the case may be, mill attend at the place men- tioned in such summons; and every such postponement shall

be made by delivering to the inforrrnnt or complainant and de-

fendant, or such of them as may be present, a memoraridunl in the form

Schedule NO. 8.	mentioned in the Eighth ~che;lulc hcrcto; and cvcry witness to whom
a copy of such memorandum is clclivcrcrl shall Fe nndcr the lilrc

~ n e s s e s to attend

at the time to which

obligation to attcncl at thc timc and plncc therein mentioned, and

haaringadjomned.

shall be subjcct to the same obligations and liabilities as if such

memorandum werc a summons issued by a Justice requiring such

person to attend as a witness, and tcstify ivhat he knows conc&ning

the matter of the information or complaint.

Jugtices may adju-

dicate upon adverse 24. If any claim be madc to or in respcct of any goods or

to goods seized chattels distminecl under thc manant of any Justice, or in respect

- under warrant of of the proceeds or value thereof by any person not being the p a ~ t y

distress.

against whom such warrant was issutd, anj- Justice, upon complaint of the constable charged with thc execution of such warrant (as

S C ~ O ~ U ~ O	NO. 9.	well before as after any action brought ngzinst such constable), may issue a summons contained in the f o ~ m ill the Ninth Sclledule hereto, directed us well to the party obtaining such warrant as to the party making such claim; imtf thc.rcupon any action which has bcen	brought in rcspcct of such claim shall fie stayed, and thc Court in	which such action 11~s been brought, or any Judge thereof, or if the
action has been brought in a Local Court, tllc Spccial Magistrate thereof, on proof of thc scrvicc of such summons, and that the goods and chattels were so distruined, may 'order the party bringing such action to pay the costs oP all proceedings had in such action after the service of such summons; and any two or more Justices shall

Schedldo No. 10.	adjudicate on such claim, and make an oder in the form or to the effect contained in thc 'l'cnth Schedule hereto, and every such order shall, subject to the provisions containcd in the Third Part of this
,	Act, bc final and conclusive upon all parties.
Mitigation of

punishment. 25. Subject as in this Act mentioned, and notwithstanding

anv enactment to the contrary, where one or more Justices lvave

authority under this hot, or hnder any other Act, whether past or future, to order imprisonment, or impose a fine, for an offence punishable on sumrnarv conviction, such Justice or Justices may,

in

46" & 47" VICTORILE, No. 298.

The Justices Procedure Amendment Act.--1883-4.

in the case of imprisonment, impose the same with or without YART 11.

--

hard lsbor, and may rcducc thc prescribed period thereof; and in the case of a fine, if i t be imposed in respect of a first offence, may reduce the prescribed amount thereof. And where, in the case either of inzprisonment or a fine, there is prescribed a requirement for the offender to enter into his recognizance, and to find sureties for keeping the peace, and observing some other conditions, or to do any of such things, s w h Justice or Justices may dispense with any such requirement, or any part thereof. And where such Justice or Justices have authority under an Act of Parliament other than this Act, whether past or hture, to impose imprisonment for an offence punishable on summary conviction, and havc not authority to impose a fine for that offence, he, or they, when adjudicating on that offence, may, notwithstanding, if it appears that the justice of the case will be bcttcr mct by a fine than by imprisonment, impose a finc not exceeding Twentyfive Pounds, and not being of such an amount as mill subject the offender, undcr the provisions of this Act, in default ofpayment of the fine, to any greater term of imprisonment than that to which he is liable under the Act authorising the said imprisonment.

26. Any Justice or Justices, by whose conviction or order any ments payment of, by or security instal-

sum is adjudged to be paid, may do all or any of the following takeoforpaymentd

thhgs, viz. - money.

r. Allow time for the payment of the said sum:

11. Direct payment to be made of the said sum by instalments:

111. Direct that the person liable to pay the said sum shall be at

liberty to give security for the payment thereof:

Where s sum is directed to be paid by instalments, such instalments shall be paid to the clerk, if there be a clerk, and otherwise to such person as the Justicc or Justices imposing the fine may order, and,

if defatdt is made in the payment of any one instalment, the same proceedings may be taken to recover the amount then remaining due as if no such order for payment by instalments had bccn made.

27. Where a finc adjudgcd by a conviction by one or more Provision as to costs

Justices to be paid does not exceed Five Shillings, then, except so Fni2 "" Of '-l1

. far as the Court may think fit to expressly order otherwise, an order shall not be madc for payment by the defcndant to the informant of any costs; and the Court shall, except so far as they think fit to ex- pressly order otherwise, direct all fees payable or paid by the in- formant to be remitted or repaid to him; the Court may also order the fine, or any part thereof, to be paid in or toward the payment of his costs,

28. The power of one or more Justices sitting as aforesaid, upon mceaw, in case of

information or complaint of any person to adjudge a person to enter .uretie8 to keep the	peace.
into a recognizance and find sureties to keep the peace, or to be of good
behavioux towards such first-mentioned person, shall be exercised in

298 like

46" & 47' VICTORIE, No. 298.

The Justices Procedure Amendment Act.-1883-4.

like manner as an information for any offence punishable on convic-

tion, and 'L The Summary Jurisdiction Act, 1850," shall apply accord- ingly, and the informant and defendant and their witnesses may be called and examined, and cross-examined, and the informant and defendant shall be subject to costs as in the case of any other information; and the Court may order the defendant to enter into a recognizance, with or without sureties, to keep the peace, or be of good behaviour, and, in default of compliance with such order, to be imprisoned for any period not exceeding six months.

Power of Court to

vary order with	29. Where a person has been committed to gaol by one or more Justices in default of finding sureties, as in the last preceding section mentioned, such Court, or any other two Justices, may, on application made to it by such person, or some one acting on his behalf, inquire into the case of the person so committed; and if it should appear just upon new evidence produced, or proof of a change of cir- cumstances, the Justice or Justices, having regard to all the circum- stances of the case, may reduce the amount for which it is proposed the sureties should be bound, or dispense with the sureties or surety, or otherwise deal with the case as the Court may think just.
regard to auretiea.
Enforcing mcog-

nizance to keep the 30. Where a recognizaiicc conditioned to keep the peace, or be

peace.	of good behaviour, has becn entered into by any person as principal or surety before one or more Justices sitting as aforesaid, it shall be lawful for any two Justices so sitting, upon proof of the conviction of the person bound as principal by such recognizance of any offence which is in law a breach of the condition of the same, to declare the recognizance to be forfeited, and adjudge thc persons bound thereby, whether as principals or sureties, or any of such persons, to pay the sums for which they are respectively bound, and to enforce payment thereof in the same nlannrr as if the sums were fines adjudged by such Court to be paid in the case of a conviction: Provided that
no such recognizance shall, in the absence of the person or persons
proof that a summons has, five clear days before the return thereof, bound thereby, be declared to be forfeited as aforesaid, except upon
been personally served upon or left at the usual place of abode of the person, or each of the persons (if more than one), who entered into such recognizance, calling upon him or them to show cause why such recognizance should not be declared to be forfeited.

Buma forfeited to 31. All sums paid in respect of a recognizance so declared to be

whom to be paid.	forfeited, shall be paid to the clerk, if there be a clerk, and other- wise to such person as the Justices declaring the forfeiture shall order, and shall be paid and applied by him in the manner in which fines, in respect of which no special appropriation is made, are payable and applicable,
Power of Court to

dircharge wouaed 32. If, upon the hearing of a charge for an offence punishable

tdthout punishment	on eumrnary conviction under this Act, or under any other Act,
in oertain cws;	whether past or future, the Justice or Justices think that, though the charge is proved, the offence was in the particular case of so trifling
46" & 470 VICTORIE, No. 298.

The Justices Procedure Amendment A c t. 1 8 8 3 - 4.

a nature that i t is inexpedient to inflict any punishment, or any

other than a nominal punishmcnt-

I. The Court, without proceeding to conviction, may dismiss the information, and, if the Court think fit, may order the per- son charged to pay such damages, not exceeding Forty Shillings, and such costs of thc proceedings, or either of them, as the Court think reasonable: or,

11. The Court upon convicting the person charged, may discharge him conditionally upon giving security, with or with- out sureties, to appear for sentence when called upon; or to be of good behaviour, and either without payment of damagcs and costs, or subject to the payment of such damages and costs, or either of them, as the Court think reasonable.

33, A warrant or summons issued by a Justice of the Peace	not avoided by death
Summons or warrant

under U The Summary Jurisdiction Act, 1850," or under any other	of Justice.
Act, whether past or futuxe, or otherwise, shall not be avoided by reason of the Justice who signcd tlic same dying or ceasing to hold office.

34, If any person assigned by Her Majesty's Commission to	tice incapable of act3
Upon insolvency Jua-

act as Justice of the Peace is adjudged insolvent, or makes any	iog.
arrangement or composition with, or any assignment for, the benefit of his creditors, he shall bc and remain incapable of acting as a Justice of' the Peace until he has been newly assigned by Her Majesty in
that behalf.

35. 'I he description of any offence in the words of the Act, or any Provision. aa to pro-

order, by-law, or regulation, or othm document creating the offence,	ceedings and proof.
or in similar words, shall be sufficient in law: and any exception, exemption, proviso, excuse, or qualiGcation, whether it does or does
not accompany in the same section the description of the offence in the Act, order, by-lam, regulation, or other document creating the	offence, may br: proved by the defo~tdmt, but need not be specified
or negatived in the information or complaint; and if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.

36, Where a conviction or order has been made by any one or Copies of proceedings in summary canes may

more Justices as aforesaid, all parties interested therein shall be	be obtained.
entitled to dcmand and hnvc copies of thc information or complaint and depositions, and of the conviction or order, as the case may be, and the Justice or Justices shall cause the same to be furnished upon payment of the fees authorised in that behalf.

37,	The Summary Jurisdiction Act, 1850," shall, notwith-	Application of Sum-
mary Jurisdiction Act

standing any special provision to the contrary contained in any Act,	to Custome.
apply to all informations, complaints, or other proceedings taken
under the authority of, or instituted by virtue of, any Act relating to

the

460 & 47" VICTORIE, No. 298.

The Justices Procedure Amendment Act.-1883-4.

PUT 11. the Customs in any case which one or more Justices of the Peace has

or have power to hear and determine in a summary manner by virtue of such Acts. All convictions and orders in such cases shall be subject to appeal in like manner as other convictions and orders,

and such appeal shall be to the Local Court of Full Jurisdiction in

Adelaide, and shall be conducted in manner prescribed and subject to the conditions as to notice of appeal, recognizance, and otherhse prescribed by the Act No. 6 of 1850: Provided that where the sum

adjudged by conviction, under or by virtue of any of the said Acts

to bc paid, exceeds Fifty Pounds, the period of imprisonment im- posed by the Court in respect of thc non-payment of such sum, or in respect of default of sufficient distress to satisfy such sum, may exceed three months, but shall not exceed six months.

Ju6tice8not to reduce

fine below amount 38. Nothing in this Act shall authorise a Justice or Justices

providedintr&v.

to reduce below the prescribed minimum the amount of a fine imposed under an ~ [ t ppasszd for carrying into effect a treaty, convention, or agreement made with the Imperial Government of Great Britain, or with any British possession, or with any foreign statc, and such treaty, convention, or agreement stipulates for H fine of a minimum mount.

Amendmentof8ection

L?, Act No. 6 of 1860.

39. The following words, contained in the forty-sevcnth section

of " The Summary Jurisdiction Act, 1850," are hercby repealed:-

" And except where the informer or party prosecuting shall be

cxamined as a witness."

PART 111.

MODE OF OBTAINING THE OPINION O F THE

SUPREME COURT ON QUXSTIONS OF LAW

WHICH ARISE I N THE EXXRCISE OF SUMMARY

JURISDICTION BY JUSTICES O F THE PEACE.

Juaticoa, on npplicn- 40. Aftcr the hearing and determination by a Justice or Justices

tionof party aggrieved,

to state a case for the	of the Peace of any information or complaint which hc or they
opinion of the Su-
prenie Court.	ham power to determine in a summwy way by any law now in force or hereafter to be passed, either party to the proceeding before
the said Justice or Justiccs may, if dissatisfied with the said deter-

S~hodulc B, Part: 111.

minution as being erxoncous in point of law, apply, in writing, within seven days after thc same, to thc said Justice or Justices to state and sign a rase setting forth the facts and the grounds of such determi- nation for the opinion of the Supreme Court, and such party hcrein- after called the (' appellant" shall, within five clays after receiving such case, transmit thc same to the Master of the said Court, first giving notice, in writing, of such appeal, with a copy of the case so stated and signed, to thc other party to the proceeding in which the

dctcrmination was given, hereinafter called the respondent."

Security and notice to 41. The appellant, at the time of making such application, and

be given by the np-

peuant,

before a case shall be sti~ted and delivered to him by the Justice or

Justices

46" & 4 7 O VICTORIE, No. 298.

The Justices Procedure Amendment Ac t. 1883 - 4.

Justices, shall in evely instance enter into a recognizance before	m.
such Justice or Justices, or any onc or more of them, with or with- out surety or sureties, and in such sum as to thc Justice or Justices shall seem meet, conditioned to prosccuto without delay such
appeal, and to submit to thc judgment of the Supreme Court, and

shall at the same time, and before lie shall be entitled to ham the

case delivered to him, pay his fees for and in respect of the case and

recognizance, which fees shall be according to the Schedule in the

third part of this -4ct marked A; and the appellant, if then in custody,

shall be liberated upon the recognizance being further conditioned

for his appearance before thc same Justice or Justices, or, if llrilt is

impracticable, before some other Justice or Justices who shdl then

be sitting, within fourteen days after the judgment of the Supreme

pay such costs as may be awarded by the same; and the appellant Schfi lb A, part m. determination appealed against be reversed.

42. If the Justicc or Justices be of opinion that the application is ~usticcs may refuse a case where they

mcrcly frivolous, but not otherwise, he or they may refuse to state s ,hink ,h, case, and shall, on thc rcqucst of the appellant, sign and deliver to frivolous. him a certificate of such refusal: Providcd that the Justicc or

Justices shall not refuse to state a case when application for that

purpose is made to them by or under the direction of Her ill~jesty's	scheade c, 1.d	In.,
Attorney-General for the province.

43. Where the Justice or Justices shall refuse to stcztc a case as Whcllthe Justices refuse the Supremo

aforesaid, i t shall be lawful for the uppellant to apply to the Supreme court .ay by rde

m s e t o b e

Court upon an affidavit of the facts for a rulc calling upon ouch stated.

Justice or Justices, and also upon the respondent, to show cmse why such case should not be stated; and the said Court may make the same absolute or dischuge it, with or without pi~yment of costs, as to the Court shall seem mect, and the Justicc or Justices, upon bring served with such rule absolute, shall state a case accordingly upon

provided. thc appellant entering into such recognizance as is 1iereinbt:fol-c 44. Whenever the decision of any Justice or Justiccs is called in ~ ~ ~ ~ % ~ ~, ~ h ~ ~ o n,

question in the Suprcme Court by a rule to show cause or other may f i~c

explanator).

such Justice or Justices to make and file in such Court an affidavit

setting forth thc grounds of the decision so brought under review,

and any facts which he or they may consider to have a material

bearing upon the question at issue, without being required to pay

any fee in respect of filing such affidavit, and such affidavit may be

sworn before a Commissiorier authorised to talrc affidavits in the

proccss issued upon an ex parte application, it shall be lawful for any affidavit- for the purpose of being so filed.

45. Whenever any such affidavit has been filed as aforesaid the :&:$:,consider

Supreme Court shall, beforemaking the rule absolute against thc Justice or Justices, or otherwise determining the matter so as to over-

rule

46" & 47" VICTORIR, No. 298. - -

The Justices Procedure Amendment Act.- 18 8 3-4.

PART m.	rule or set aside the acts or decisions of the Justice or Justices to which the application relates, take into consideration the matters set forth in such affidavit, notwithstanding that no counsel appear on	W	A I
beha13 of the said Justice or Justices.

Supreme Court to	46, When a case is transmitted to the Suprcmc Court, the said
determine the ques-

tions on the case, 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 thc matter to the Justice or Justices with the opinion of the Court

Schedule D, Part 1x1. thereon, or may make such order in relation to thc matter; and may make such order as to costs as to the Court may seem fit, and all

:a decision to be such orders shall be find and conclusive on all garties: Provided

final. that no Justice or Justices of the Pettce who shall state and deliver a case in pursuance of the third part of this Act, shall be liable to any costs in respcct or by reason of such appeal against his or their determination.

Case may be sent 47, The Supreme Court shall have power, if they think fit, to

back amendmwt. cause the case to be sent back for amendment, and thereupon the

same shall be amended accordingly, and judgment shall be delivered.

after i t shall have been amended,

Power of Supreme 48* The authority and jurisdiction hereby vested in the Supreme

Cowt may be Court, under the third part of this Act, shall and may, subject to any

exercised ~~a~~

in chambers, rules and orders of such Court in relation thereto, be exercised by n Judge of such Court sitting in chambers. and as well in vacation as in term time.

After the decision of 49, After the decision of the fhprerne Court in relation to any

case stated for thcir opinion, under the third part of this Act, thc

the Justices Supreme may issue

warrants.	Justice or Justices in relation to whose determination the case has
bccn stated, or any other Justice or Justices of the Peace, shall have
the same authority to enforcc any conviction or order ~vhick may
haye been affirmed, amcnded, or made by such Supreme Court, as thk Justice or J~~s t iccs who originally decided the case would have had
to enforce his or their dctcrmination if thc same had not been appealed against; and no action or proceeding ~vl~atsoever shall be commenced or had against the Justice or Justices for mforcing such conviction or order by reason of any defect in the same respectively.

Ce~tiornri not t o be 50. NO writ of certio~ari or other writ shall be required for thc

required for pro-

ceedings hereunder. rcmovd of any conviction, order, or other determination in relation to which a case is stated under thc third part of this Act, or other- wise, for obtaining the judgment or determination of the Supreme Court on such cag.

Su~reme Court may

make rules for 51, The Supreme Court may from time to time, and as often as

proceedings. they shall see occasion, make and alter rules and orders to regulate the practicc and proceedings in reference to the cases hereinbeforc mentioned.

52. In

46" & 4 7 O VICTORIW, No. 298.

The Justices Procedure Amendment Act.-1883-4.

52, In all cases where the conditions or any of them in the PART m. -. .

Justice or Justices who shall have taken the same, or any other beenforced.	said recognizance mentioned shall not have been complied with, the Rocogniemoes honb what respect the conditions have not been observed, and transmit the same to the clerk of the nearest Local Court of Full Jurisdiction, and such certificate shall be deemed sufficient primri facie evidence
of the said recognizance having been forfeited, and it shall be
lawful for such Local Court to declare such recognizancc to be forfeited upon production of such certificate as aforesaid; and upon further proof that a notice in writing, signed by the clerk of the said Local Court, has, ten days before the holding of such Court, been personally served upon, or left at thc usual place of abode of, the party (or each of the parties, if more than one) who cntercd into such recognizance, that an application will bc made to the said Local Court that the said recognizance shall be declared forfeited; and the said Local Court ma,y enlarge the said recognizance, or may adjourn the application, or may declare thc said recognizance to be forfeited, and may order the sum or sums due under such recognizance to be paid forthwith, or at such time as to the said Local Court shall seem fit; and the sum or sums conditioned to be paid in such recognizance shdl and may be recovered by distress and sale of thc goods and chattels of the party or parties liable to pay the same; and the warrant of distress shall be under the hand of the clerk and seal of
the said Local Court in the form of Schedule G to the third part of Schedulo G, Part III.
this Act, or as near thereto as circumstances will permit.
53, Any person who shall appeal under the provisions herein contained against any determination of a Justice or Justices of the Appellants under tbis Act not allowed to

appeal to any other

Peace, from which he is by lam entitled to appeal to any other	tribunal.
tribunal, shall be taken to have abandoned such last mentioncd right of appeal finally and conclusively, and to all intents and

purposes, PART IV.

AMENDMENTS ON APPEALS FROM CONVICTIONS

AND ORDERS OF JUSTICES O F THE PEACE.

54. W here any recognizance entered into before any Justice or Justices of the Peace as a condition of any appeal under this or	Amendment of
recognizancee.
any other Act shall appear to the Court before which such appeal is brought to have been insufficiently entered into, or to be otherwise defective or invalid, it shall be lawful for such Court to permit the substitution of a new and sufficient recognizance or recognizances to be entered into before such Court, in the place of any insufficient, defective, or invalid recognizances, and, for that purpose, to allow such time and impose such terms as to payment of costs to the respondent or respondents as shall appear

just;

46" & 47' VICTORIB, No. 298.

The Justices Procedure Amendment Act.1883-4.

PART IT. just; and such substituted recognizances shall be as valid and effectual as if they had been duly entered before such Justice or Justices: Provided that the Court before which such appeal is brought may, if it see fit, dispense with any recognizance.

Amendment of notice 55, No appeal from any decision, order, conviction, or determi-

and grounds of

appeal.	nation of any one or more Justices of the Peace shall be defeated
merely by reason of any defect, whether of substance or of form, in any notice or statement of grounds of appeal, but where, upon
the hearing of such appeal, the Court before which such appeal
is brought shall be of opinion that any objection raised to such notice or statement of grounds of appeal, is valid, it shall be lawful for such Court to cause any such notice or statement of grounds to be forthwith amended: Provided that, if such notice or statement of grounds shall appear to have been misleading, or to
have occasioned expense, or to have prejudiced the party respon-
dent, such amendment shall be allowed only upon such terms as to costs or postponement, or both, as to such Court shall appear
just,

I n the name and on behalf of Her Majesty, I hereby assent tr

this Bill.

WILL'IAM C. F. ROBINSON, Governor,

SCHEDULBS.

46" & 47" VICTORIE, NO. 298. F L ' N o E ~ ~ m ~ ~ ~ ~ , ~

L 1 a r i A ~ y

The Justices Prd cedure Amendment Act.--1883-4. -

SCHEDULES,

SCI-IEDULE No. 1.

Deposition of Witness danyerozcsly ill nnd unable to travel. Part I.

SOUTR	AUSTRALIA,
to toit.

The examination and deposition of L. M. of in the said province

[hrmer] taken on oath this day of in the year of

our Lord, one thousand eight hundred and a t i n the said

province, pursuant to section of the Act No. of intituled

(it having been made to appear to my satisfaction that the said L. M. is dangerously ill and unable to travel, and in the opinion of 'E:. F., a duly qualified medial prac- titioner, not likely to recover from such illness, and i t not being practic,able for a Justice of the Peace to take an examination or deposition of the said L. R I. in accord- dance with the provisions of the 9 c t No. 15 of 1849) in the presence and hearsay [of A. H., the accused, and] of E. F., medical practitioner, F. G., clerk of

and Q. H., of :':- the said accuscd having been committed

[ o r bailed to appear] for trial at the next Criminal Sittjngs of the Court, to

to be holden at to answer to a charge of having [here slate the ofence shortly]

[or if no person charged, say from the asterisli J.: relating to a certain indictable offence,

namely, the offence of (staling il ,shor/lyj alleged to have been committed on

at for which no person has already been accuscd or committed, or bailed

to appear for trial] this deponent, L. M., on his oath, saith as follows :-

The above deposition of E. M. was talrcn s r d sworn before me at

the day and rear first above mentioned.

SCHEDULE No. 2.

Notice of Intention to take Deposition o f Wi tness i l l and tcna6le to travel. Part I.

To A. B., of &c.

I, C. D., of &C., constable of [or being the prosecutor of you A. B.,

or being the person accused and] who stands committed or is held to bail to answer the charge of at thc next Criminal Sittings of the Court

to be holden at [or is accused of the offence of 1 hcrcby

give you notice, pursuant to section of the Act No. of

intitutled

that I. S., Esquire. one of Her Majesty's Justices of the Peace in and for the province,

intends, on the day of at, to take the statement

of L. M,, who ie thcre dangerously ill and unable travel, and who i t is alleged is able

and willing to give material information relating to the said offence [or relating to me

the said accused] Dated this day of

C. D., or A. B., the prosecutor [or accused, or constable of ]

SCHET)UI,E NO. 3.

Order to Convey a Prisoner to place of taking Deposilion of a Wi tness dangerously ill, Part I.

SOUTH AUSTRALIA,

to wit.

To the Keeper of the Gaol a t

Whereas it appears to me that one A. B., now in your custody [under my com-

mitment]

46" & 47" VICTORIW, No. 298. --

The Justices Proceduw Amendmeat A c t. 1 8 8 3 - 4.

mitment] has duly served Lor has received from one C. D.] a notice pursuant to the

ActNo. of , intituled

that I. S., Esquire, one of Her Majesty's Justices of the Peace in and for the province, intends [ a s in rLcJcedule No. 2 to the end] : Now I, the said committing Justice [or I, S. B., Esquire, one of the visiting Justices of the said gaol] do hereby, by virtue of the said Act, direct you to con~ey the said A. B. to the place mentioned

in the said notice for the purpose of	being present at the taking of the statement of
the said L. M.

Given under my hand and seal this day of

/Just&e's signature and seal. J

SCHEDULE N O. 4.

Part I. Complaint of Bad for a; person charged with an Indictable Ofence, in order that he

might 6e committed in Discharge of their Recogninunces.

SOUTH AUSTRALIA,

to at.

The information and complaint of C. D., of [yeoman], and E. F., of

[storekeeper], taken this day of , in the

year of our Lord one thousand eight hundred and , before the under-

signed [one1 of Her Majesty's Justices of the Peace in and for the said pro~ince,

who say that they, thc said C. D. and E. F., were, on the day of

now last past, severally and respectively duly bound by recognixances before S. B.,

Esquire, one of Her Majesty's Justices of the Peace for the said province, in the sum of each, upon condition that one A. B., of should appear at the next Court of Oper and Terminer and General Gaol Delivery [or Circuit Court] to be holden at, in the said province, and there surrender himself into the custody of the keeper of thc [common gaol] there, and plead to such indictment as might be found against him in respect of the charge of [here state the charye shortly], and take his trial upon the same, and not depart thc said Court without leave; and that these complainants have reason to suspect and believe, and do verily suspect and believe. that the said A. B. is about to depart from this province, and therefore they pray of me, the said dustice, that I would issue my warrant of apprehension of the said A. B., in order that he may be surrendered to goal in discharge of them, his said bail.

Taken before me the day, &c. C. D.

J.P. E. F.

SCHEDULE No. 5.

Part I. Warrant to Apprehend the Person Charged.

To of Police, and to all Constables and Peace Officers

in thc said province, and to C. D. and E. F. severally and respectively.

S O U T ~	AUSTRALIA,
to wit. I

Whereas you, the said C. D. and E. F., have this day made complaint to me, the undersigned, one of Her Majesty's Justices of the Peace in and for the said province, that you the said C. D. and E. F. were, &c. [us in the conxplairat No. l]: These are therefore to authorise you, thc said C. D. and E. F., and also tocommand you, the said constable, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before me, or some other Justice or Justices of the Pcace in and

for the said province, to the intent that he may be committed to the gaol at

until the next Court of Oyer and Tcr~nincr and General Gaol Delivery [or, Circuit Court] to be holdeu at unless he find new and sufficient sureties to

become bound for him in such recog+ance as aforesaid.

Givcn under my hand and seal thls day of in the ycar

our Lord 9 at in the province aforesaid.

, JP. (Z.S.)

SCHEDULE

19

46 & 4 7 O VICTORI&, No. 298. -

The Justices Procedure Amendment Act.-1 883-4.

SCHEDULE No. 6.

Commitment of the Person Charged on Surrender a f h& Rail nftcr Apprehension I.

under a Warrant.

To thc of Police and to all Constables of the said province, and to the

Keeper of the Gaol at

SOUTH	AUSTRALIA,
to wit. 13

Whereas on the day of complaint was made to me, the under- signed [or to J. H.], one of Her Majesty's Justices of the Peace in and for the said province, by C. D. and E. F., of, &C., that [as i7t the comnplairzt No. 1 to the enrlj I [or the said partles] thereupon issued my [or his1 warrant authorising the said C. G. and E. F., and also commanding the said constables, and all other peace officers in the said province, in Her Majesty's nanze, forthwith to apprehend the said A. B, and to bring him [follozu to end of zuarmnt No. 21 : And whereas the said A. B. hath been apprehended uildcr and by virtue of the said warrant, and being now brought before me the said Justice [or me, the undersigned, one, &C.], and surrendered by the said C. D. and 15. F., his said sureties, in discharge of their said recognizances, I have required the said A. B. to find new and mficient sureties to becomc bound for himin such recognizance as aforesaid; but the said A. B. hath now refused so to do: These are therefore to command you, the said constables, in Her Majesty's name, forthwith to take and safely convey the said A. B. to the said gaol at, in the said province, and there deliver him to the keeper thcrcof, together with this precept: And I hereby command you, the said keeper, to receive the said A. H. into your custody in the said gaol, and him there safely to keep until the next Court of Oyer and Terminer and Gaol Delivery [or until the next Circuit Court), to be holden a t, in the said province, unless in thc meantime the said A. B. shall find

new and sufficient sureties to become bound for him in such recoanizances as aforesaid, "

Given under my hand and seal, &c.

J.P.

-

SCHEDULE No. 7.

Conviction for Cotztemnpt of Court of Summary Jzcrisdiction.

SOUTH AUSTRALIA,

Part II.

to wit. 1

Be i t remembered that, on the day of in the year of

our Lord one thousand eight lundrcd and at in the said

province, A. 13., of in the said province !$borer], is convicted before [me

or us], the undersigned, I one or two] of Her Majesty's Justices of the Peace in and

for the said province, for that he, the said A. B. Lhere insert the statement in one of

the followiny columns]--

did, on the day and year afore- did, on the day and year afore- was, on tho day and year afore-

said, at aforesaid, said, at aforesaid, said, at aforesaid,

wilfully misbehave himself in a	wilfully interrupt the proceed-	guilty of wilful prevarication in
Court of Summary Jurisdiction,	ings of a Court of Summary	giving evidence to a Court of
then and there holdcn before [me	Jurisdiction, then and there	Summary Jurisdiction then and
or us],	holdan before [me or us],	there holden before [me or us],

contrary to the Act in that case made and provided. And [I or we] adjudge the

said A. B. for his said offence [proceed as in the ordinary form of cot~victionj.

SCHEDULE No. 8,

Postponement of Hearing. Part xt,

The summons under the hand of A. B., Esquire, Justice of the Peace, by which

C, D. is required to appear here this day, at o'clock in the noon, to

answer the complaint of E. F,j is now postponed by me until [Wednesday] next, the

day of at the same hour and place, when and where the

said

46" & 47" VICTORIE, No.

The Justices Procedure Amendment Act.--1883-4.

said parties and their respective witnesses are required again to appear, in order that

the said summons may be heard and determined.

Dated this day of 18

I. I. B., Clerk of Court of Summary Jurisdiction.

SCHEDULE No. 9.

Summons in case of adverse claim to goocls distrained.

SOUTW	AUSTRALIA,
to wit.

To A. B. of &C., and C. D. of &c,

Whereas complaint hath this day been made before the undersigned

of Her Majesty's Justices of the Peace in and for the said province for that by a

warrant under the hand and seal of

of Her Majesty's Justices of the Ycace in and for the said provicce, dated the [one7

day of, and directed to, the said constables were commanded, in Her Majesty's name, forthwith to make distress of the goods and chattels of E. F. and that G. H., one of the aid constables had, under the said warrant, distrained certain goods and chattels as and for the goods and chattels of the said E. F., and that you, the said C. D., haw claimed the same as your property : X These are therefore to command J ou, the said A. B. and C. D., in Her Majesty's

name, to be and appear on the day of at

o'clock in the noon, at in the said province, before such Justices of the Peace as may be then present, in order that they may adjudicate upon the said claim and make an order illereupon according to law.

Given under m y hand and sral this day of at

in the province aforesaid.

J. P

SCHEDULE No. 10.

Order in cclse of adcerse claim to goods distrained.

Part I.	SOUTH	AUSTRALTA,
to wit.

Be it remembered that, on the day of , complaint was

made [as in the szcmmons to the and that C. D. had claimed the same as his

property, and now, a t this day, A. B., the party who obtained the said warrant, and	the said C. D., appear before us, the undersigned, [two] of Her Majesty's Justices of	the Peace in and for the said province \v both do not appeay, state the nun-appearance	and service o f the szcmrnotls], to be and appear here at this day before, &C., in order
that we might adjudicat.e upon the said claim and make an order thereupon according to law; and now having heard the matter of the said complaint we do adjudge that
[here state the acrJiucticatio?~ in one of theLfillo~ci?2g.jorms] :-

The said goods and chattels were [not] Part of the said goods and chattels, to the haid distrevs thereof, the property of the said C. l)., but that the residue of the said goods and chattels arc not his pro- perty.

at the time of the said distress thereof the	wit, [one table, &C.] mere, at the time of
property of the said C. D.

And we do also adjudge thc said [C. 11, o r A. R.] to pay to the saidLA. B. or C. D.]

forthwith [ o r on or 'ucfurc thc day of ] the sum of

for his costs in this lwhalf, and if the &aid sum [proceed as in the usual " order" for

payment r i f mone?; muta~is mutandis].

SCHEDULES

46" & 47" VICTORIK, No. 298.

The Justices Procedure Amendment Act.-1883-4.

SCHEDULES TO THIRD PART OF THIS ACT,

SCHEDULE A.

The Justices Procedure Amendment Act, 1883-4 ."

Fees to be taken by Clerks.

8. d.

For drawing case and copy, wherc the case does not exceed five folios of

seventy-two words, each ........................................ 10 0

For every additional folio ......................................... 1 6

For the recognizance to be taken under Part m. of this Act ............ 5 O

For every enlargement or renewal thereof ............................ 2 6

For certificate of refusal of case .................................... 2 0

For warrard of distress under Part m, of this Act .................... 5 0

SCHEDULE B.

" The Justices Procedure Amendment Act, 1883-4."

Application 6y dissatisfied party to Justices to slate a case.

To J. W. and R. R.. Esquircs, two of Her Majesty's Justices of the Peace for the

Province of South Australia.

In the matter of an information [or complaint] wherein I, the undersigned, was

[informant, complainant, or defendant, as the case may 6el and I, F. was [defendant,

complainant, or informant, as the case may be], heard before and determined by you

at on the day of

Being dissatisfied with your determination upon the hearing of the above informa- tion [or complaint] as being erroneous in point of law, I hereby, pursuant to section

of the Justices Procedure Amendment Act, 1883-4, make application to you to state and sign a. case setting forth the facts and the grounds of your determination, in order that I may takc the opinion of the Supreme Court thereon.

Dated at , this day of Y

SCHEDULE C.

"The Justices Procedure Amendment Act, 1883-4."

CertifZcate of Rejusal to state (I case.

Whereas on the day of an information [or

camplaint] preferred by R. F. against H. M., of, for that, &c.

[as in the information or cumylaint], was heard and determined by the undersigned,

two of Her Majesty's Justices of the Peace, and the said H. M. was duly convicted

of thc said offence, [or was ordered to pay to the said R. F. the sum of

[or we thereupon dismissed the said information or complaint]. l.,

And whereas the said R, F. [o r H. M.], being dissatisfied with the said determina-

tion as being erroneous in point of law, hath applied to us, pursuant to section

of the Justices Procedure Amendment Act, 1883-4, to state and sign a case

for the opinion of the Supreme Court; but we, being of opinion that the application is merely frivolous, have refused to state such case, and at the request of the said

K.. F. [or H. M.] have signed and delivered to him this certificate of such refusal

accordingly.

Given under our hind this day of 3 at -

J.P.

J.P.

SCHEDULE

46" & 4 7 O VICTORIW, No. 298.

The Justices Procedure Amendment A c t. ] 883-4.

SCHEDULE D.

The Justices Procedure Amendment Act, 1883-4."

Case stated by the Justices.

IN THE SUPREME COUXT.

Between L.M., Appellant;

and N.0, Respondent.

This is a case stated by us, the undersigned, two of Her Majesty's Justices of the Peace, under the Justices Procedure Amendment Act, 1883-4, on the application, in writing, of the appellant, who was dissatisfied with our determination upon the question of law which arose before us, as hereinafter stated, on the day

of 9 at , the appellant having duly entered into a recognizance to

prosecute the appeal :-

l. Upon the hearing of a cert'ain information [or complaint] preferred by the

respondent against the appellant, under section of the Act

[here state the ofence or cause of complaint] we convicted the appellant of the said

offence, and adjudged him to pay, &c. [or ordered him to pay to the respondent the

sum of] [or as the case may be].

2. The following facts were either proved before us, or admitted by both parties:

3. [Here state the facts concisely, placing them in diferent numbered paragraphs according to their subject-matter].

4. On the part of the appellant, it was contended that, &c.

5. On the part of the respondent, it was contended that, &c.

6. We, however, being of opinion that, &c. [here stating what the Justices'

yrounds were for the+ decision], gave our determination against the appellant in the

manner before stated,

7. The question of law upon which this case is stated for the opinion of the Supreme Court is, whether, &c.

8. If the Court should be of opinion that the said conviction [or order] was legally and properly made. and the appellant is liable as aforesaid, then the said conviction [or order] is to stand; but, if the Court should be of opinion otherwise, then the said information [or complaint] is to be dismissed, and the Court is respect- fully solicited, according to the power vested in the Court by the Justices Procedure Amendment Act, 1883-4, to remit the case to us (the said Justices), with the opinion of the Court thereon, or to make such other order as to the Court may seem fit.

Given under our hands this day of , at

J.P.

J.P.

SCHEDULE E.

The Justices Procedure Amendment Act, 1883-4."

Flecoynizance to Prosecute Appeal.

SOUTH AUSTRALIA,

to wit.

Be it remember& that, on the day of , James Smith,

of , and Robert Jones, of , and Thomas Brown, of

, personally came before the undersigned, one of Her Majesty's Jus- tices of the Peace in and for the said province, and severally acknowledged them- selves to owe to our Sovereign Lady the Queen the several sums following (that is to say), the said James Smith the sum of, and the said Robert Jones and Thomas Brown the sum of each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels to the use of our said Lady the Queen, Her heirs and successors, if he, the said James Smith, shall fail in the condition indorsed.

Taken and acknowledged the day and year first above mentioned at

before me. J.Y.

Conditions.

The condition of the within written recognisance is such, that whereas on the

day of an information (or complaint), preferred by

W. J. against J. S., was heard and determined by J. W. and R. E., two of Her Majesty's Justices of the Peace for in, and for the said province; and whereas the

said J. S., being dissatisfied with the said determination as being erroneous in point of

46" & 47" VICTORIE, No. 298.

The Jusi?ices Procedure Amendment A c t. 1 8 8 3 - 4.

of law, has applied to the said Justices to state and sign a case pursuant to the

Justices Proccdurc Amendment] Act, 1883, for the opinion of the Supreme Court, and the said Justices have complied with such application (or have bcen ordered to comply with such application). If therefore the said J. S., after the said Justices shall have stated a case setting forth the facts and the grounds, as aforesaid, for the opinion of the said Court, shall duly prosecute without delay such his appeal, and submit to the judgment of the said Court thereon, and pay such costs as may be awarded by same: [If appellant is in custody, add liere] And further, should the said appeal be dismissed, that if the said J. S. shall appear before such Justice or

Justices of the Peace for the said province as shall be sitting at the on

within fourteen days after the judgment of the said Court shall have been given to abide such judgment," then the said recognizance to be void, or else to stand in full

force and virtue.

SCHEDULE F.

The Justices Proccdurc Amendment Act, 1883-4."

Notice from Appellant to Respondent, with Copy ?f the Case Stated.

To R. F. of &C.

Take notice that I, the undersigned, being the defendant [or informant] in an in- formation [or complaint] prefcrrcd by you [or myself], and heard before and determined by two of He1. Majesty's Justices of the Peace in and for the said pro- vince at, on the day of, being dissatisfied with the determination of the said Justices upon the hearing of the said information [or complaint], as being erroneous in point of law, applied to the said Justices, pursuant to section of the Justices Procedure Amendment Act, 1883-4, to state and sign a case, setting forth the facts and grounds of their determination, in order that I may take the opinion of the Supreme Court thereon; and in pursuance of such application, and of thc provisions of the Act aforesaid, the said Justices have stated and signed a case, a copy of which is annexed hereto.

Dated this day of

H. D., Appellant.

SCHEDULE G.

The Justices Procedure Amendment Act, 1883-4."

Warrant of Distress.

I n the Local Court of Full Jurisdiction,

To of Police, and to all Constables and

Peace Officers of the said province.

Whereas on the day of

J. S., of and R. J., of . and

J. B., of entered into a certain recognizance in pursuance of the Justices Procedure Amendment Act, 1883-4, to secure the payment of Pounds sterling to Her Majesty the Queen, Her heirs

and successors, that is to say-the said J. S. the sum of Pounds, and the

said X. 3. and J. B. the sum of Pounds each, if the said J. S.

should fail in the conditions indorsed thereon: And whereas on the

day of an application was made to t'his Court to order

the said recognisance to be forfeited, and it was then found to the satisfaction of the said Court that the conditions of the said recognizance had not been complied with, and the said Court being also satisfied that the provisions contained in thte

section of aforesaid Act had been duly observed, did therefore order the said recognizance to be forfeited, and the several sums thereby secured to bc paid to the

clerk of this Court on or before the day of

- VICTORIW, No.

The Justices Procedure Amendment Act-1 883 -4.

And whereas the time appointed for the payment of the same has elapsed, but the said have not paid the same, nor any part thereof, these are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and chattele of the said and if within the space of five days next after making such distress the said sums, together with the reasonable charges of taking and keepmg the said distress, shall not be paid,

that then you shall sell the goods and chattels so by you distrained, and do pay the

money arising by such sale to the clerk of this Court, that he may pay and apply the same as by law is directed, and may render the overplus, if any, on demand to the a aid; and if no such distress can be found, then that you certify the same accordingly.

Given under my hand and the seal of the Court this

day of

Clerk of the Court.

Adelaide : By authority, E. SPILLER, Government Printw, North-terrace.