Justices Protection Act 1865 (SA)

ANNO VICESIhfO OCTAVO ZT VICESIBIO NONO.

V ICTORIE REGINE.

A. D. 1865.

No. 14.

An Act to protect Special Magistrates and Justices of the Peace, and

persom rtctiny under them, from actions in con~cq2cenee of the

exercise by them of the powers conferred upon Local Courts

69 the Local Court Act, l86 1 ," Part V111

[Assented to, 4th August, 1865.1

Local Court Act, *l 861 ," Part VIII., intended Pleamble4

WHEREAS to confer certain powers upon the Local Courts therein mcn- the	tioned, and whereas questions have been raised as to the validity of
Part VIII. of the said Act: And whercas i t is expcdicnt to pro-
tect all Special Magistrates and Justices of the Pcace, and all per-
sons acting under their authority, or under thc authority of any Local Court, from all actions, suits, or other proceedings that may have been, and but for this Act might hereafter be mmlnenced
against them, for any act, matter, or thing done, or authorized to be done, by such Spccial Magistrates, Justices of the Peace, or
Local Courts, in the exercise of the said supposed powers-Be it therefore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this pre- sent Yarliamcnt assembled, as follows:

by

1. This Act may be cited for all purposes as The Protection to ShoriTitle-

Justices Act, 1865."

2. No action, suit, or other proceeding shall be commenced, or fi brought acti0nhbe ngainat

prosecuted against any Special Magistrate or Justice of the Pcace of special Magistrata,

the aid Province, or any person or persons acting under them, or ~ ; ~ ~ ~ ~ ~ ~ ~ ~ , " ~

28" & 29" VICTORIB, No. 14.

Pvotection to Justices Act.-1865,

conferred by Part

VIII. of tho Local	by virtue of any warrant of commitment or otherwise, issued by
Court Act, 1861.	them or any of them, or by any Local Court, fox any act, matter, or thing heretofore done or authorized to be done by any such Special Magistrate, Justice of the Peacc,.or Local Court, in the exercise of the powers conferred upon I m a l Courts and Justices of the Peace, by Part VIII. of the Local Court Act, 186 1 ," by reason oldy that such powers have not been legally conferred.
If any auch action

has been brought, 3. If any such action shall have been co~nmenccd before the

same to be die-

passing of this Act the same shall, on the application of the defen-

continued.

dant by summons to a Judge of the Supreme Court at Chambers, be

ordered to be discontinued without costs.

General iasu~ may be

pleaded, and Act 4, In any such action which has been commenced, or which may

iven in evihnce.	hereafter be commenced, the defendant may plead the general issue,
befendant to be

entitled to costs as and give this Act and the special matter in evidence; and if on the

between attorney and trial no came of action shall be proved other than the esercise by

client. the defendant of any of the powers aforesaidj the plaintiff shall be

nonsuited, or a verdict shall be entered for the defendant, in either

of which events the defendant shall be entitled to his costs as

between attorney and client.

I n the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.

Adelaide : Prinbed by authority, by W. C. Cox, (fovernment Printer, Viotoria-aquare.