The Justices Act Amendment Act of 1853 No 39a (NSW)

No. XXXIX.

An Act to amend the Justices Act of 1850 in justices duties.

respect of Proliibitions and Amendments and

other matters. \VUli November, 1853.]

T’lIEllEAS it is expedient to amend the Act of Council passed in PreamWo.

V V t i l l ' fourteenth year of the reig-n of Her present Majesty Queen i4 vio. No. 13.

Victoria and nnmhered forty-three relating to the Duties of Justices of the Peace and to Proceedings before and Convictions and Orders hy them Pe it enacted l)v Ilis Excellency tlic Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows:—

1. Tlic said recited Act may he cited as “ Tlic Justices Act of Short title.

1850” and this Act may be cited as “ The Justices Act Amendment

Act of 1853.”

2. This Act shall so far as is consistent with the contents and To he construed with

subject matter thereof be taken as part of and construed with the said

recited Act.

8. The twelfth section of the said Act shall he deemed to extend Sec. 12 of recited Act

to all summary convictions and orders of what nature or kind soever tacos’ convicUons

made by anv Justice or Justices.

2804 No. 39. 17̂ VIC. 1853.

Justices Duties.

Time for application	4. The time limited for makin" applications under the said recited Act shall he extended as follows—where the place of rcsidcnct', of the party desirous of applying for tiny writ of prohihition sliall he one hundred and fifty miles or upwards from Sydney sutth application may he made within sixty days after the conviction or order.
tion extended.
extended.
Power of a Judge	5. I t shall he lawful for any Judge of the Supreme Court ii' he shall think fit as well in Term time as in Vacation (in all cast's whert' imprisonment shall liave bct'ii directed or where the fine awarded or the amount ordered to be paid or the value of the matter adjudicated upon shall not exceed thirty pounds) to hear and determine applications for writs of prohibition directed to any Justice or Justices and for that purpose to make such rules and orders and issue such writs and allow such amendments as might have been made or issued or allowed by the Court Provided that any such rule or order or jvrit may he discharged or varied or sot aside hy the Court in Term and such further order thereupon he made as the case may require.
Power to Court or
Judge to admit to	6. Where any person committed to prison by virtue of any summary conviction or order shall he brought up hy writ of habeas corpus and the Court or Judge shall postpone the final decision of tlu ̂ case it shall he lawful for such Court or Judge to admit the person to bail with or without sureties for his ap})carance at such time and plac(f and upon such conditions as the Court or Judge may appoint and if the judgment he against such person the Court or Judge may remand him to his former custody there to servo the rest of the term for which he shall have been committed.
hail.
Judge on Circuit.	7. Any Judge on the Circuit may exercise the powers given hy this Act or the said recited Act.
Production of docu­
ments before	8. In all cases where Justices have authority hy law to summon any person as a witness they shall have the like authority to require and compel him to bring and produce for the purposes of evidence all documents and writings in his possession or power and to proceed against every such person in case of neglect or refusal as in any case of neglect or refusal to attend or refusal to ho examined Provided that no person shall he hound to produce any document or writing not specified or otheinviso sufficiently described in the summons or whicli he would not be bound to produce upon a subpoena duces tecum in the Supreme Court.
Justices.
As to drawing up
and transmitting	9. The time for applying for a writ of prohibition shall begin to run from the final adjudication as announced whetlier orally or in writing and the conviction or order need not be drawn up in form in order to entitle the party so applying to the benefit of this or the said recited Act Provided that the Court or Judge may postpone the decision if justice shall appear so to require until the conviction or order shall have been so drawn up and in due form transmitted.
convictions.
Kcspecting the
amendment of con­	10. In every case where the facts or evidence appearing by the depositions shall in substance support the adjudication of the Justice or Justices (provided such adjudication shall not extend beyond the complaint or charge) and in every case where such facts or evidence would have justified or shall justify any necessary allegation or finding omitted in such adjudication or in the formal conviction or order or any warrant issued in pursuance of such adjudication th(! powc;rs of amendment conferred by this and the said recited Act respectively shall or may be exercised and where a conviction shall be bad in respect of some excess which may (consistently with the merits of the case) be corrected the conviction sliall be amended accordingly and shall stand good for tlui remaindf'r subject nevertludess to such order as to costs and otherwise as the Court or Judge shall under the cir­ cumstances think proper.
victions &c.

for writ of prohibi­

1853. VIC. No. 39. 2805

Justices Duties.

1 1 . And whereas doubts have arisen as to the special powers stipendiary Police

intended to he conferred by tlie said recited Act and the Acts of

Parliament thereby adopted on Stipendiary or Police Magistrates Be the absence of otiier

it declared and enacted That every Stipendiary or Police Magistrate in this Colony shall in the absence of other Justices have full power to do alone at any time and place appointed for the holding of a Petty Sessions whatever might he done hy two or more Justices sitting in such Petty Sessions. .

1 2 . The fifth section of the recited Act is hereby amended as justices for tue

follows Every Justice described as a Justice of the Peace for N ew ^’*'"̂ '

South Wales shall he taken to ho a Justice for the Colony generally l)ut not for any incorporated City or Town having a separate Commis­ sion of the Peace unless words he used indicating that he is a Justice for such City or Town Provided that in all eases every act done or purporting to have been done hy or before any Justice of the Peace shall he taken to have been within his jurisdiction Avithout an allcga- tion to that effect until the contrary he shewn and the words Justice of th(3 Peace or the letters J.P. after the signature to any magisterial act shall he primayacic evidence that the party Avdiosc signature it })urports to he is in fact a Justice of the Peace.

1 3 . The sixteenth section of the said recited Act shall he Attendance of wit-

extended to cases in which the Avitness shall he so ill as not to be able

to travel and to all cases in Avliich the Justices who committed the prisoner or held him to hail shall have certified before such committal or holding to hail that the evidence of tlic Avitness is material and that he is in their belief Avilling to attend the trial hut Avill he unable to hear the expense of attendance Provided that this last enactment shall not extend to any witness Avho has in due time before the trial been subpoenaed hy the Crown.

, 1 4 . The prosecutor of any information shall he competent to Pmsccuior u comve-

give evidence notAvithstanding that he may have a pecuniary interest

in the result of the same.

1 5 . The practice before Justices upon the hearing of matters Cominct of summary

in respect of Avhich any summary conviction or order may he made or

any summary adjudication is sought shall (as nearly as may he) in

respeeff of the examination and cross-examination of Avitnesses and

‘

the right of addressing such Justices upon the case in reply or other-

•

wise he in accordance Avith that of the Supreme Court upon the trial

of an issue of fact in an action at laAV.

1 0 . Where the party convicted or any party Avhose goods shall Want of summons m

have been condemned or directed to he sold as forfeited was present at tlu! licaring of the case the conviction or order shall he sustained although there may have been no information or summons unless he objected at such hearing that there was no information or summons and no conviction or order shall be defeated Ibr the Avant of any Distributiun of

distribution or for a wrong distribution of the penalty or forfeiture.

No. XL,