Small Debts Act 1851 (SA)

ANNO DECIMO QTJINTO

No. 7.

An Art to amend on Orrlir~ance for the Recovery of Small Debts, and

Ilbinl and Pun W m m t o f Minwc Ofeuces in South Australia.

[Assented to 3rd November, 1851 .]

4 I i E h S by an Ordinance, No. 5 of 1850, for the recovery fieamble

\VHC of small debts and trial of punishment of minor off'enc:es,	certain Courts were constituted, and certain powers were conferred
upon Special &Iagistratcs, to bc appointed as therein provided: And it is expedient to anled such Ordinauce, and to give to the said Courts and to such Special Magistrates the further powers herein contained:

Re it therefore Enacted by His Excellency the Lieutenant- Power to Specid Magistrates to hold

Governor of South Australia, by and with the advice and consev~t of d efendmt to bail,

the Legislative Coumil thereof, that wll4rlever it shall be made to appear to the satisfaction of any Special Jfagistrate, by the affi- davit of anv plaintiff that such slaintig hath a good cause of action against andrfendant for any su;n within the ju~i-f any Court --

con@m&gd& the - - - sag recited -Ordban.ce4 No. _5, of 1@02 and that

tKre is mobable cause for believing that such defendant is about to

leave th'e colmy before the sittingof the next Court of competent jurisdiction, it shall be lawful for such Spccial Magistrate to issue a warrant under his hand, returnable immediately, and thereupon to cause such defendant to be brought before him, and, upon inves- tigation of the case, either to discharge such defendant, or to hold

L him

him to bairl for any sum not exceeding the nlnount sworn to in sucll

Proviso.

aficlavit: Provided that it shall be lawfbl for ally defcndarlt, so held to bail for any amount, to deposit, in lien of bail, such amount with three poundsfor costs; and t11c ~jurii so dc.positpd slid1 be paid, applied, and disposed of accorcl-ing to tlie judgment of the

Proviso.

Court ill the action in which the deposit s l i d have hecn inarle: Provided always, that it shall he ladi l l fbr any Special hIu-

b cristrate, before whom any defendant is b~ought, under authoritv

of any warrant to he issued as aforesaid, with t'lre coilsent in writilik

of the defendant, to hear and filally acljurlicate u p u tlne c1:tini of

the plaintiff in such proceeding: A i d provided also, t h t wlieii :~nv

?%M	person, about to depart from tlie said Province, slid1 hnvcb pir&
nublic notice. bv not less than two ndvertiscnieiit~ on cousecutive i .'
&rys ot T)uh&cntion in cnch of two or morc nt.wspnpers ~uhlislled in
~ae l a idc, of tlic time and rnanncr of w i r h intcnaeh del-kture, tlml
no such $arrant s l d l be issued after the cspimtioli of' seven d q s from tire publication of such notice, unless ill respect of ;L debt >ccrued due within seven claw ~ r i o r to the issue of such wanant: and U I
every affidavit to grouud a warrant under tlie provisions of this Act &all state wlietller any sucll notice h:~s beell #ken, am1 the dntc of the publication of such iioticc; but this pronso shall not a p l ~ l ~
to cases where it shall he nlade to appcnr, to the satishetion of' an) such Mn$stratc, that anv defemlal~t i n ahout to dep:u*t from tllr said L'rovwce at an earki- period tliail that of' \rliicL he sL;all lm\,e so given i~otice.

Epecial Magistrate 2. And be it Enncted, ' F l ~ t ill any c;:se ill wltich : I I IV Spocial

may commit to prison	Magistrate slrall hear	arid f i ~ d l y	acljuctici~tc	upon	t l ~ c b	c!~!i~u	of ail\-
in default of satisfac-

tion ur judgment.	plaintiff, w d r r tlic powcrs hrreililwtbw in that br!inlfh gircii, and
shall givc judgriicnt for. the plaiiltifl, it shall arc la~vful hr sucll 1
Special ~ t y i s t r a t c to malx :ID order fbr tllc ioimt3Jiatc payment of the amount of such judgment, and in clr.fanlt of su cl1 it nniediate pay~ixnt to ordcr that tlie clcfeidant be conluiittccl to tlw Coilmon
Gaol, or a EIoe~se of Correction, nexrcr~t to the Court of su(:h
Special Bln,n.istri\te, -> or to ally prison whicll s1r:ill be provided as tllv
prison of such Court, for ally period iiot exceeding fortv days. l

3. And be it Enactcd, That if in any such p~occcding j~~dgment

slrall be given for tlle defendant, it shaI1 he 1:irrful for tlie Magifi- irate or Court, giviug ssacli jndgniciit, at the discretioil of such Magistrate or Court, to award to such dcfcnda~t, by way of compeusation, any sum not exceeding Twenty pounds, and in default of paymerit of such sum, forthwith to ordcr t,hat the plaintiff in such proccccling hc committed to thc Clorurnon Gaol, or a House of Correction, nearest to the Court of such Special Ma- gistrate, or to any prison mhich shall be proviclccl as tlie prison of such Court, for ally period not exceeding forty days.

1

Specid Magistrate t o 4. And be it Enacted, That it sl~all be lawful for any Spccid

allow costs. Magistrate, or any Court constituted under the recited Ordinance to allow to m y plaintiff, and to iizclude in any judgrilent costs in

respect

respect of any warrxut to he grnoted a4 aforesaid, such' costs not exceeding i11 the -cVh0le the sixm of Foity Sldliugs, exclusive of mileage, and other accessary cxpenscs

" A .

sntisfied juclprilt or older as refwred to ill the forty-spvolid S&tiou ~~~~~~~~ mite"

of the recited Ordinance, may, at 11% discrctiou, olrt? ; ~ 1 1 suii~n10ns. L :

7. .. \ i d hc it ICiincted, That the scvcrd Courts constituted untlcr Amendment of clause 62 of recited Or-

tlw said Ordi~rauc~), No. 5 of 1850. sliall lmve j~wisdic:tion to 1le:w d,nance.

a d detlmriucb :l11 ahsaolts iiot bcii~g with i&nt	ta commit any
fclorly.

K hid be it Eusctd, That in any case where tlie Cjowts by tlic ~ u r t may uordcr p y -

mrnt af costs of con-

recited Orchmee wl~stit~utccl, have power to ponisl~ :my Aisde- ,iclion,

meanor by fine, it d d l be lawful for such Court, ill additich to such

fine, to order the payment by the party convicted of'the costs of' a i d atteuding such convhion.

9. Ancl he it Enacted, That in any case of repleviii, which by the Clerk of Col1l-t m y grant replcvin, and

recited Ordinallee may he brought in any Court thereby estal~lisllod,

bonds,

the Clerk of any such Court nearest to the place tvheri the clistress slrdl have be& made, shall have power to @mt replevin of goods distrnhed, and shall, in every case of' replevin granted before deli- verance of the distress, take Gom the plaintiff; and two responsible sureties, it bond in double the vxluc of the goods distrained, for pro- secut'ing the suit with effect and without delay in such Court, and for duly returning tlie goods and chattels distrained in case a return 811all be awarded; and such bond shall bc in the form contained in Schedule A, hereto annexed, and may he ansigried in such nmmner, and such ram+ and relief had and &veil thereunder, as is directed by an Act of Parliament madc and passed in the eleventh year of George the Second, intituled "An Act for the more effectual sccn- ring of Eelits, and pxventiilg fraud by Tenallts."

10. Alld

10. And be it Enacted, That there shall be payable, in respect of

any proceedings taken under the provisions of this Act, the fees set

forth and specified In the Schedule 73, hereunto annexed.

11. And be it Enactcd, That this Act may be altered, amended,

or repealed during the present Session of the Tlegislative Council.

JOHN MORPHETT, Spealrer,

Passed the Legislatiu~ Council this T h i d p

3 r d day of Octoher, One Ttwusund

Eight Hundred and F7j3ty-one.

F. C. SINGLETON,

Clerk of Council.

In the name and on the behalf of Her Majesty I assent to this Act.

H. E. F. YOUNG,

Lieutenant-Governor,

Government Tlouse, Adelaide,

3rd November, 1851.

SCHEDULES KEFEERED TO.

KNOW all men by these presents that we [ p r t y and sureties] are jointly and severally held to Clerk of

the Loed Court of in the sum of &

of lawful money, to be paid to the said Clerk, or his lawful Attorney, Exe- cutors, Administrators, or Assigns; fbr which paj-ment to be well and truly made, me bind ourselves, and each and every of us, and each and every of our Heirs, Executors, and Administrators.

The condition of this obligation is such, that if the above bounden

do, within one calendar month from the date hereof, camwe to be en-

tered a plaint in such Local Court for the taking and unjustly detaining of

his goods and chattels, to wit [set *forth the goods, $v., ~listrcrhted] ; and do

prosecute the same with effect and without delay, and make a return of the said goods and chattcls, if a return thereof shall be adjudged, then this present obligation shall be void a ~ d of none effect, or else shall be and

remain in full fbrce and virtue.

Lcss than ElO. Between t l O Above &20.

and &20.

S. d. S. d. S. d.

For every W a r a n t of Arrest. - - - -	1 0	2	0	3	0
For executing such Warrant in addition

to mileage and actual expenses - - - 5 0 5 0 5 0

nail-Bond or Replevin Bond - - - -	1 0	'L 0	3 0
Warrant of Conmitment - - - - -	1 0	2 0	3 Q

Mileage on Commitment, 1s. per mile.

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ADBLAIDE: Printed by authority, by W. C. Cox, Government Printer, Victoria-square.

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