Local Courts Act 1883 (SA)

ANNO QUADRAGESIMO SEXTO ET QUADRAGESIMO

SEPTIMO

VICTORIA3 REGINB.

A. D. 1883-4.

No. 299.

An Act to amend the " Local Courts Act, 1861 ."

[Asseated to, Febmury zSth, 1884.1

HEREAS it is desirable to amend and declare the h w with Preamble,

W regard to the decisions of Local Courts of Full Jurisdiction

-Be it Enacted by the Governor of the Province of South Aus- tralia, with the advice and consent of the Legislativc Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. Notwithstanding anything in the " Local Courts Act, 1861," Absenceof unanimity among members of

be validated.

contained, whenever in a Local Court of Full Jurisdiction, con- Local Court of Full

sisting of ' a Sy ecial Magistrate and tyo Justices of the Peace, two ~	~	~	~	~	~	;	~	;	~	~
membcrs of the ,Court shall have concurred or shall hereafter future judgmenb,kc. concur in any judgment, verdict, finding, decision, or order, the sawe
shall not be invalid by reason only that the third member of the
Court shall not have concurrecl therein; but the concurrence of the majority of the members of the Court in any judgment, verdict, fin&ng, decision, or order, shall suffice.

2. Notwithstanding anything to the contrary cont ainod in the Execution msy iame.

Local Courts Act, 1861," it shall bc lawful for any party to any action in any Local Court in whose favor any verdict or judgment has been given, unless the Court, Judge, or Special Magistrate shall otherwise order, to cause exccution to be issued thereon forthwith after the same shall have been pronounced and entered in the record book.

3, No execution heretofore issued out of any Local Court shdl F O ~ ~ T e x ~ u t i o ~ s

46" & 47' VICTORIE, NO. 299.

The I;acnl Courts ACE Amendment Act.1883-4.

be adjudged or be deemed unlawful or invalid solely on the ground that no order had been made for payment of the amount thereof, as required by section 11 1 of the said Local Courts Act, 1861": Provided that nothing in this clause shall validate or affect any exe- cution heretofore declared invalid by any Court, or in respect of the validity of which any litigation is now pending.

Court may nonsuit.	4. On the trial of any action in m y Local Court, the Court, or in jury cases the Special Magistrate, may, at the close of the plaintiff's case, nonsuit the plaintiff, notwithstanding he objects to such nonsuit.
Act not to affect

judgments, &C., 5. This Act shall not apply to any judgment, verdict, finding,

already dealarecl	decision, or order heretofore declared invalid bv the Supreme Court
i l l ~ d i d.	for want of unanimity among the members of any ~ o c a i Court.

In the name and on behalf of Her Majcsty, I hereby assent

this Bill.

WILLIAM C. F. ROBINSON, Governor.

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Adelaide : By authority, E. SPILLRR, Government Printer, North-tenace.