Members of Court of Appeals Act 1866 (SA)

ANNO TRICESIMO

VICTORIZ REGINB.

No. 2.

An Act to protect certain persons from Actions by yeason qf their being

elected to Parliame~t while Menabem of the Court of Appeals.

LAssented to, 8th November, 1866.1

W HEREAS the Constitution Act, No. 2 of 1855-6, provides that Preamble* no Judge of any Court shall be capable of being elected a

member of the Legislative Council or House of Assembly of this

Province, m d dso provides that certain officers, namely, the Chief Secretary, A ttorney-General, Treasurer, Commissioner of Crown Lands and Immigration, and Commissioner of Public Works, shall not bold office for a longer period than three months, unless they shall be members of the Legislative Council or House of Assembly, and that such officers shall ex oficio be members of the Executive Council: And whereas a certain Act of the Legislative Council

of the said Province, No. 31, 1825-6 intituled '( .An Act to

condidate the several Ordinances relating to the Establishment

of the Supreme Court of the Province of South Australia," provides that the Governor for the time being and the Executive Council of the said Province (with the exception of the Attorney or Advocate-General, or Crown Solicitor) shall constitute the Court

of Appeals of the said Province: And whereas certain members of

the said Executive Council of the said Province so required to be members of the said Legislative Council or House of Assembly have been elected to be members of the said Legislative Council and House of Assembly during the time they have held such offices as aforesaid, and been members of the Executive Council and the

said Court of Appeals: And whereas one Charles Hyrdess has

claimed from certain persons sums of money or penalties, alleging that the said persons were Judges of the said Court of Appeals, and Ueeging that during the time the said persons were such Judges they

C were

30" VICTORIB, No. 2.

Members qf Cbzcrt o$ Appeals Protection Act.-1 866.

were elected and returned to serve as members of Parliament of the said Province, and took the oaths and their seats as snch members, and did sit and vote in the said Parliament: And whereas it is desirable to protect the said persons and all such officers from any such action, and from all actions, suits, or other proceedings that may have heretofore been, or that may or might hereafter be commenced againat them, or any of them, for or by reason of any such officer having been so elected as aforesaid-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 present Parliament assembled, as follows:

H action oommencea

against momber of 1. If any action, suit, or other proceeding has before the passing

of this Act been commenced, or shall hereafter be commenced or

court o r ~ p p e p p s a l. t o

be r ta~ed by Judge

on wumonr.	prosecuted against any officer or person in respect or by reason of his
having been elected to be a member of the Legislative Council or House of Assembly, and of his having sat or voted in such Legis-
lative Council or House of Assembly during the period he was a member of the Executive Council or the Court of Appeals of the said Province, or in respect of his having been so elected, or having
so sat or voted during such period, the same shall, on the applica-
tion of the defendant, by an ex parte motion to the Supreme Court,. or a Judge thereof in open CO&, or by summons t d a Judge of the said Court at Chambers, be ordered to bc discontinued without
costfl*
Generaliaauemay be

pleaded and Act given 2. In any such action which has been cornmenccd, or which may

inevidence. D&n- hereafter be commenced upon a plea of the general issue, the defen-

dant to have his costs dant may give this Act and the spccial matter in evidence; and if	ee between attorney
and client, on the trial no cause of action shall be proved other than such as ia hereinbefore mentioned, the plaintiff shall be non-suited, or a verdict

shall be entered for the difendant, in either of which events the

defendant shall be entitled to his costs as between attorney and

client .

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

this Act.

D. DALY, Governor.

.

Adelaide : Printed by authority by W. C. Cox, Government Printer, Yictotia-rpaare.