Small Debts Act 1853 (SA)

No. 21,

An, Act to enable the Judges of the Supreme Court, or either of

thcm, tn Itold Courts in any part o f t h e Cobny, fur the recovery

of Small Debts and Trial and Pwruishrnent oj ' iMinor O$ences

in South Austrwlia.

[Assented to, December 9, 1853.1

4 REAS it is expedient to make further provision for the Preamble,

small debts and trial and punisllment of minor 0f.l-ences, established WHC dispatch of the business of the Courts for the recovery of

and now in force under Ordinance No. 5 of, 1850. -ad to provide j~ ,,C--

for a more uniform adniinistretion of justice in such Courts - _ _--__J

tlnoughont the Province, through the instrumentality of the Judges of the Supreme C o u h B c it therefore Enacted, by the Lieutenaxlt-Governor of the Province of South Australia, with the advice and consent of the Legislative Council thereof, as follows:

D 3

1. It shall and may be lawful for any Judge of the Supreme	Judges ofthe Supreme
Court to have powex~

Court to exercise in any Local. Court, within the said Province, all	of Local Courte in
and every thc jurisdiction, powers, and authorities, which by an	civil mattora
Ordinance, No. 5 of 1850, "For the recovery of small debts and Bid and punishment of minor offences in South Australia," are confemed upon, and may be exercised by three Justices of the Peace, one of them being a Special Magistrate, so far as relates

to - the holding of pleas of personal actions. ..

2. It shall be lawful for every Judge sitting in any Local Court, under the authority hereof, to reserve any point or points for the	A Judge may resene
points for considera-
tion of the Supreme
consideration of the Supreme Court, in such manner and on such	Court*
terms as he shall think proper; and the decision of the Supreme Court shall be final, binding, and conclusive, as regards the matter go reserved. 3. The

Cnwrr to which the

113 rection of Ordi- 3. The sixt -first section of the recited Ordinance relating to the

4anm of 1850, No. 5, costs of any ac Ion brought ?l1 -4- the Suprcnie Court, wherein a verdict.

with respect to costs	may be gi;en	for a sum~ess	$h~n	mi&c	competentl~	awarded by
of actions im roperly

brought in t%e	a a & h a l d	-. +	under--	ted Ordinatye, s1Fd"l bbea&%mkd-	to
lupreme Court shall

be deemed to extend, exteda to act~uiiii%n t edupreme Cokt, in covenant, debt, detinue,

md c~ses to which it: or assumpsit (not being for breach of promise of marriage), wherein

ohall not o&end.	a less sum than Thirty Ponnds shall be recovered, and to actions _-- in the Supreme Court in trespass, tmver, or case not beiw an action for malicious prosecution, or for, libel, or for s l a m o r criminal conviction or for aedoctim, WE!& a less sum t h a F& Pounds a e c o v e r e d, but not wherein agreater sum than Five Pounds
shall be recovered.
g srtiea the Court may

By consent of the 4. If both parties shall agree by a memoraudum signed by them,

aye power to try or by their Attorneys, that soy Court wherein a Judge shall preside

-W,	although	under the powers of this Act, shall have power to try any of the
beyond	its jurisdic-
tion	actions in the said Ordinance excepted, or auy action wherein a greater sum than Thirty Pounds is sougbt to be recovered, then,
and such case, the said Court shall have jurisdiction and power
to try such action: Provided always, that the said parties or their Attorneys, shall state in their said memorandum of agreement, thatF
they know such cause of action to be above the said sum of Fift
Pounds, or that they know such action to be an action which, -I& for their consent, would not be within the jurisdiction of the said Court, aud provided that such memorandum shall be filed with the
Clerk of the said Court at the time of filing the demand of the
plaintiff.
5. It shall and may be lawful for the Judges of the said Supreme Court, from time to time, to frame such general rules and orders
as to them shall seem expedient for regulating the practice of such
Local Courts, as well in matters civil as erimidal aud fur executing the process of the said Courts, and f o m g and prescribing the fees of barristers and attorneys practising therein. and generdly for carrying the said Ordinance iuto effect, and such rules and orders, being approved of by the Lieutenant-Governor, with the advice and consent of the Executive Council, and being published in the South Austrrrlinn Government Gazette, shall have the force
of law after the expiration of fourteen days from swh publication: Provided that, until such rules and orders as herein provided shall have the force of law, the rules and orders heretofore made under the said Ordinance shall be binding and operative, and the said Judges shall in $U respects cooform thereto.

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Adelaide : Printed by authority by W, C. Cox, Government Printer, Victoria-equars