Resident Magistrates Act 1847 (SA)

No. 18.

To nmove doubts respecting the Jurisdiction of Resident Magistmes

it2 certaifz cases.

[2%d A70ccmber, 1847.1

(I

WEEREAS by an Ordinoncc enacted by the Governor of South Australia, wit11 thc ndricc and consent or the Legislative Ccuncil thereof, Lcnring date tlrc Scventccnth day of' horember, One

Thousand Eight IIunclrcd and Thirty-sewn, intituled, "An Act to	.
f r " establish Courts of Xesitlcn t 3legistlxtes, to appoint Residont
t Nagistrates, to confer on Justices of the Peace certain Powers

" until such Resident Magistrates bc a p p o i i ~ t d, too provide for the . .

"Recovery of small Debts, and thc Punielment of ccrtnin Otiences

" wit!lio the Provincc of South Australia," it is .ainbngst other.

tlli@s enactcd, That the Court nod Courts of Reside11 t Nogis- 1 Yi:., SO. 2, rte. 23.

I4 tmtes to be hereafter from t i ~ m to time created, constituted, and

" established by	virtue of the Powers and A U thori ties lierein before
( r

( L	co1ltained, shall have cognisance of, and the said Residcnt Ma-
gistrate OF Resident Magistrates, to be from time to time hereafter

* " apyoipted S

"appohted to sit therein, slmll liave J~wisdiclion, and are i i r~ .~!, :

. cn~~omered to hear, deterruine, adjudicate, and convict rn

"cases where, by any Act or ~ c t s of the Province, o r Iry ;:l,+

Statute Law of the Realm, any one or more Magistrate or JT;,- "gistrates, Justice or Justices of the Pence, are enabled m l ew. powered to hear, cletermine, acljuciicatc., and convict in a sunirnary

c c ~ ~ n y, and so, and ilr such manner, and with a like extent

powers as such Magistrate or blngistrntcs, Justice or Justices o!'

" t h e Peace, is or are thereby enabled aud empowered to hew, dc.

termlne, adjudicate, and con~~ict:" A N D W H E R E A S, under i\nti

by virtue of the aforesaid Euactment, Resident Magistrate> have within their respective Districts from time to time btwl used to exercise singly, the .Jurisdiction, Anthoritv, an:! Powers whicll by divcl-s Statutes and Ordinances in for& wiri.ir4 the Province at t h e time of the passing thereof, as w ~ i l as LY

divers Statutes'and Ordinances passed subsequently thereto, aie

required to bc exercised jointly by Two or more justices of t ! ;e Pence in n summary manner: A s n WHEREAS, doubts inay arin how far sucli exercise of Jurisdiction is allthoriscd by such 0; - dixlance so far as respects Statutes aiid Ordinances passed subxg-

quenti y thereto:

1 )

1'uc1n1inr111c~'uw~r3	BE IT TIIEHEFORE DECLARED	A X D EXACTED,	by THE	GO\-ERSO';
of Rc;rrdcnt Mnvir.

i

trntca to excci-e of South Australia, wit11 the advice and consent of Tri E; I ,EGISLATI\ F

b ~ ~ t ~ ~ y, summary JL d o u s CIL thereof-THAT the befbrerecited Ordinance slid! bedeeniet: i i

riudictior~ of two Jus. i

t icrs,	and construed to have given and to give to every such Resident
hfagistrate, within his District, all the Jurisdiction, Authoritv, and

t

I'ower, which any Two Justices of the Peace may lawfuily ex-	1
ercise within the Province, in n summary manner, under or by virtue of any Act of the Imperial Parliament, or under or by virtue
of any Ordinance of the Colonial Legislatule of South Australia,

heretofore or hereafter to be in force within the Province.	L
k
v.

I I I C I ~ I ~ I ~ ~ O T ~ ~ ~ S R I > ~ 11. AND for further removilig doubts, BE I T ENACTED AND DP

c. ~ ~ ~ ~ i l ~ ~ ~ ~ a ~ ~ ~ I i ~ ~ i s u n d c r

vict. C L A R E D, that cvery Resident Magistrate appointed by virtue of

,,,,li,,,,,,,,

~GJ. 1 1, srltl l ~ tllc before in part recited , Ordinance, shall bc c l c e ~ ~ e d to have had,

hu. 16, R I I ~ all othcr '

.:;P Or(ifianas, ancl to have Jurisdiction 311d A othority to exercise within his Dis-

t r ~ c t all the Powers, as well of S~~mmoning, Hearing, Determining,

Ordering, Adjudicating, and Convicting, as of Condemnation, Corn-	I
mitment, and otherwise, which by an Ordinance bearing date the Fourteenth day of February, Onc Thousand Eight Hundred and Forty- three, ' T o provide for the Maintenance and Relief of Ucsertcd " Wives and Children, and othe~ destitute Persons, and to make

''	the Property of Husbands and near Relatives, to whose assistance
"	they have a natural claim, in certain circumstances avail.ible fiv
"	their support ;" and, by an Ordinalwe beari~ig datc tlir 1

5 i 1 1 i ~ i

i Xinth day of October, One Thousand Eight Hundred and Forty- ,	S ~ X, To consolidate and amend the Laws of the Customs in
-	"South Australia ;" and, generally, which by any other such Act
j	01 Ordinancc as above-mentioned, are given to and rested in any

I TWO or more Justices of the Peace.

FREDK. H. ItOBE,

, .Lieu tenant-Governor.

Passed the L egidaiive Cou~rci!, this T u: e q -

second day of AToveniler, One IILoa-

1	and Eiglrt Hundred a d	Fortpseua~t.
I	1

W. L. HALLORA RAN,

Clerk of Council.

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