The Local Courts Act 52 and 53 Vic, Amendment Act 1889 (SA)

.ANNO QUINQUAGESIMO XECUNDO ET QUINQUA-

GESIMO TERTIO

A.D. 1889.

No. 464.

An Act to amend the " Local Courts Act, 1886."

[Assettted to, Decembev 6th, 1889.1

HEREAS i t is desirable to amend the '' Local Courts Act, Preamble.

Province of South Australia, with the advice and consent of the W 1886 "-Be it therefore Enacted by the Governor of the

Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This Act may be cited as "The Local Courts Act Amendment short title.

Act, 1889," and shall be incorporated and read as one with the

Local Courts Act, 1886."

2. It shall not hereafter be necessary, before applying to a.ny Garniehee.

Local Court or Special Magistrate for an e z parte order, to attach debts due to a judgment debtor, as provided by section 164 of the

Local Courts Act, 1886," to summon the judgment debtor, as pro- vided by section 162 of the said Act; but a Local Court or Special Magistrate may grant such order for attachment upon. the judgment creditors satisfying such Court or Special Magistrate that a sum of money capable of being attached is in the hands of the proposed

garnishee, payable by him presently or a,t some future time to the

said judgment debtor. Upon any such order being obtained the proceedings thereon shall be in all respects the same as if the judg- ment debtor had been duly summoned, and had been examined, and an order made pursuant to section 164 of the said '' Local Courts Act, 1886."

3, When notice demanding a jury shall be given, pursuant to Specid Magistrate in certain jury oases may

section 49 of the a Local Courts Act, 1886," and in the opinion of the ,,a,, p r w g e to

464 Special

5z0 & 53' VICTORIB, No. 464.

The Local Courts Act Amendment Act-1 889.

be transfe1md to	Special Magistrate for the time being of the Court where such
another Court.	sEtion shall have been commenced a jury cannot conveniently be obtained, or unnecewary expenses would be incurred in summoning
a jury, such Special Magistrate may at any time, in the exercise of his own discretion, upon the application of either party, order such case to be heard and determined. at such other Local Court
where, in his opinion, a jury can be more conveniently or inexpen- sively summoned, and thereupon all proceedings in respect of such action shall be transferred to the Local Court named by the Special Magistrate in such order, and notice of trial shall be sent to the parties in such action by the Clerk of the Court to which such pro- ceedings shall have been transferred.

Any additional costs incurred by either party incidental to the

transfer of such proceedings shall be in the discretion of the Special Magistrate making such order, or the Court at the hearing of the case.

ing claim for damages. any bailiff or assistant bailiff of any Local Court by any claimant of I n t w l d e r m t ~ 4. No action shall be brought or claim for damages made against ~

goods or chattels taken in execution, except for negligence in execut- ing the warrant; and nothing in the said Local Courts Act shall give to any claimant whose goods or chattels shall be taken in execution

any claim against the execution creditor for damages in respect of

such seizure other than he would have at common law.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill,

KINTORE, Governor.

Adelaide: By authority, H, F, L E A D B ~ Government Printer, North-terrace.