Poor Persons Legal Remedies Act 1918 (NSW)

Poor Persons Legal Remedies Act. 163

POOR PERSONS LEGAL

REMEDIES ACT.

Act No. 3G, 1918.

All Act to authorise judges to make rules regu- George V,

lating the practice and procedure of proceed­ ings to which poor persons are parties, and the costs and fees payable in such proceedings ; to amend certain Acts ; and for purposes consequent thereon or incidental thereto. [Assented to, 5th December, 1918.]

T 3 E it enacted by the King’s Most Excellent Majesty,

I I by and with tlie advdee and consent of the

Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the autliority of the same, as follows :—

1 . This Act may he cited as the “ Poor Persons Legal shoi i. title,

llemedies Act, 1918.”

2. Eor the purposes of tliis Act— L ' c l i i i i l i o D i

The expression “ Poor person” means any person who satisfies a judge of the Supreme Court (in the case of legal proceedings in that court) or a District Court judge (in the case of legal proceedings in that court) that he is not wortli fifty pounds (excluding his wearing apparel, tools of trade, and the subject-matter of the legal proceedings to which he is a party), or such larger sum as tlie judge, under special circumstances, may direct.

“ Pre'serihed ” means prescribed by rules of court

made under this Act.

l ( 5 t	Poor Persons Legal Remedies Act.
Geoige V,	3. (1) Rules of Court for the following purposes

No. 36. may he made :—

Rules. For the purpose of—

(i)  enabling persons to take, or defend, or he a party to, proceedings in the court as poor persons; and

(ii)  regulating the pi’actice and procedure, and all matters relating to fees and costs, in connection with such proceedings.

Supreme	(2)	In the case of such proceedings in the Supreme
Court .

Court, such rules may he made by the judges thereof or any tliive of them.

District

Court.	In the case of such proceedings in the District Court, such rules may be made by the District Court judges or any four of them.
Rules to 1)C

laid before (.3) All such rules shall, immediately after the

Parliament,	makir g thereof, be laid before both Houses of Parlia­
vs lio may dis­
allow any of	ment, if then sitting, or if not, within ten days of the
them.	next sitting tliereof; and if either of the said Houses, by any resolution passed within thirty days after such rules have been so laid before it, resolves tliat any such rule, or any part thereof, ought not to continue in force, then such rule or part shall immediately cease to be binding.
Cause to which

a poor person is	4. n) A cause to which a poor person is a party
a party not to

l>e sot down for shall not l)o set down for hearing in the Supreme Court

hearing unless

by lt;ave of a	except by ])eimission of a judge of such court obtained
judjre.	in the manner [)r('scrihed.
DistrictCourt
actions.	(2) A poor person shall not institute proceedings in the District Court against any person except by per­ mission of a judge of such court obtained in the manner prescribed.
Judge may	(3) Any judge to whom application for such permission is made, may send for either or both party or parties to such cause or action, and interview them separately or together, and act as a conciliator.

act as

concilia tor.

<'i*r;ciliator not

to try cause (4) The judge to whom such application is made

r action shall not try ttny such cause or action.

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