Local Courts Act 1885 (SA)

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AXNO QUADKAGESIMO OCTAVO ET QUADRAGESIMO

NON0

A.D. 1885.

No. 359.

An Act to amend the L'

I .ocal Courts Act, 1861 ," and the

Acts incorporated therewith, and for other purposes.

[Assented to, Decenz bey I&,

1885.1

HEREAS the pxovisions of the Local Courts Act, 1861," Preamble.

jurisdiction of any such Courts heretofore established, have been

W relating to the abolition of Local Courts and of limiting the

found defective, and it is expedient to amend the same-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and I-Iouse of Assembly of the said province, in this present Parliament assembled, as follows:

be continued, by the Local Court to which they are transferred, in the name of the Local Court so abolished. In the event of the defendant, or defendants if more than one, in any cause having appeared before such transfer, notice of trial shall be given by the Clerk of the Court to which such proceedings have been trans- ferred, as if the appearance had been entered in a like cause in such Local Court on the day of such transfer, and, in the event of any defendant not having-appeared and judgment not having beei signed, the defendant shell be allowed the same time for appearance

a8

1, In case of the abolition of any Local Court, the Governor

of records

may, by the Proclamation so abolishing it, or by any subsequent one and business of

abolished Court to

in the 'Government Gazette, or where, before the passing of

this Act,

other ~ c a l D o u ~,

any Local Court shall have been abolished, the Governor may, by

a Proclamation in such Gazette, transfer the records and pending

proceedings of the Court so abolished to any other Local Court,

and such records shall be kept, and such pending proceedings may

48" & 49' VICTORIW, No. 359.

The Local

Courts Amendment A c t. 1 8 85.

as if the summons had been issued &t of the Local Court to which such transfer shall have been made and served personally on the day of such transfer.

Limitation of Local

Courts not to affect

2. In case of the limitation of the jurisdiction of any Local

right of @ ~ t o n s pior Court, the Governor may, by the Proclamation so limiting it, or by

tosuchlimi~tion. any subsequent one in the Government Gazette, direct that such

limitation shall not affect the right of suitors to proceed in any actions commenced, or to enforce any judgments recovered when such Local Court exercised the powers of full and limited jurisdic- tion respectively; and for the purpose only of proceeding in such actions, or enforcing such judgments, the said h m l Court shall continue to exercise the powers of a Court of Full Jurisdiction in the samc manner as it did before the issue of the Proclamation limiting the same.

Jury rolls compiled in

3, The provisions of

The Jury Act, 1862," relating to the

the year 1886 to be

formation of

Jury Lists," the compilation of the Jurord Book,"

in operation for three

years, unless Governor

and of the " Jurors' Rolls" for Local Courts, requiring the same to

otherwise direct.

be performed annually, shall hereafter, for all purposes, be held to have been complied with, by the formation of such Jury Lists " and compilation of such " Jurors' Book " and '' Jurors' Rolls " respectively in every third year; and the '' Jury Lists," " Jurors' Book," and " Jurors' Roll " now in course of formation shall, when completed, remain in operation until the 31st day of December,

1888, or for such less period as the Governor may, by Proclamation

in the Government Gazette, direct.

Incorporation and

short title.

4. This Act shall be incorporated with the

Local Courts Act,

1861," and the Acts amending thc same, and with L' The Jury Act, 1862," and the Act No. 7 of 1875-6, and may be cited as "The Local Courts Amendment Act, 1885."

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

this Bill.

WILLIAM C'. F. ROBINSON, Governor.

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Adelaide : By authority, E. S P I L ~ R,

Government Printer, North-terrace.

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