Justices Protection Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 5.

An Act to protect Special Mugistrates and Justices o f the Peace, and

persons acting under them, f r o m actions, in cokequence of the

exercise by them of the Jurisdiction supposed to have been con-

ferred zdpon Local Courts by the '' Loca2 Court Act, l861 ,"

Pwt WII,

[Assented to, 9th February, 18TO,]

HEREAS the " Local Court Act, l86 1," Part vm., intended Preamble.

W to confer certain powers upon Local Courts as in the said Act

mentioned; and whereas questions have been raised as to the validity

of Part VIII. of the said Act, and as to the nature and extent of the powers conferred thereby: And whereas it is expedient to protect all Special Magistrates and Justices of the Peace, and all persons acting under their authority, or under the authority, or supposed authority, of any Local Court, from all actions, suits, or other pro- ceedings that may have been, and, but for this Act, might hereafter be, commenced against .them for any act, matter, or thing done, or authorized to be done, by such Special Magistrates, Justices of the Peace, or Local Courts in the exercise of the said supposed powers-

Be it therefore Enacted by the Governor 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 present Parlia-

ment assembled, as follows:

1. This Act may be cited for all purposes as the " Protection to ~hort titl*

Justices Act, 1869."

2. No action, suit, or other proceeding shall be commenced or No action mainb+ able agmet Justlcea

prosecuted against any Special Magistrate or Justice of the Peace of acting , , hCd

E the

33" VICTORIB, No. 5.

Protectiorb to Justices Act.1869-70.

Court in exercise of

auppoaed criminal	the said Province, or any person or persons acting under them, or
jurisdiction.	by virtue of any conviction, warrant of commitment, or otherwise
issued by them, or any of them, or by any Local Court, for any act, matter, or thing heretofore done, or tmthtwized to be done, by any such Special Magistrate, Justice of the Peace, or Local Court, in the exercise of the powers conferred upon Local Courts and Justices of the Peace by Part v111 of the Local Court Act, 1861," by reason only that such powers have not been legally conferred.
Judge may order
aotim to be stayed.	3. If any such action shall have been commenced before the passing of this Act, the same shall, on the application of the de- fendant by summons to a Judge of the Supreme Court at Chambers,
be ordered to be discontinued without costs.

Defendant may phad 4. I n any such action which has been commenced, or which may

thin h o t.	hereafter be commenced, the defendant may plead the general issue, and give this Act and the special matter in evidence, and if, on the trial, no cause of action shall be proved other than the exercise by the defendant of any of the powers aforesaid, 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 in full as
between attorney and client.

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

this Act,

JAME8 FERGUSSON, Governor.

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