Third Judge and District Courts Act 1858 (SA)

No, 13,

wz try n rise.

[hsscntctl to, 24tIl l)ecembcr, 1858.1 @m	-4
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~ ~ I I ~ R ~ ! L S it is expedient, in order to the more effectual ad- Proarnblo. /-3

mimstrntion of justice by means of the Supreme Court, to provide for the appoint~uent of a third Judge of such Court; and

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also to make provision for the trial of causcs and of offenders in the vicinity of the places where the parties to such causes may be resi- dent, or where offences inay have been committed-Be it therefore Enacttd, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Couiicil ancl House of Assembly of thc said Province, in this present Parliarncnt assembled, as follows:

D 2 may ing Courts.

Council, may appoint2 fit and proper person to be a Judge of the third Judge. 1. Tllc Governor, with the advice and consent of the Executive Governormay appoint

Supreme Court; and such person, when appointed, ~

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and exercise all the powcrs and authorities conferred upon Judges of /-- '

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the Supreme Court by the Act ~ l $. 3 1 of l 8 E A, To consolidate the ,L .

several Ordinances d a t i n g to t h e s b l i s h m e n t of thc Supreme Court of the Province of South Australia," and shall rcceive the samc amount of salary as is by law payable to the Second Judge of the said Court; and such salary shall be paid to such Judge on the warrant of the Goveriior, which he is hereby authorized and required to issue on the same terms nntl conditions as arc prescribed by the Coristitution Act, with referrnce to thc salaries of the other Judges.

2. The Governor, with such advice and consent as last aforesaid, Governor may issuo Commission fw hc!,i-

n s, from timc to time, when, and as it shall be rlladr to appear that the convenience of suitors would be thereby promoted, or the cost of prosecution diminished, issue _a_Commission, directed to one of the Judges of the Supreme &t, aut&riziysuch Judge to hold a Court of -0yer a d Terminer and of Gaol Delivers at a time and. place to be i~ame- ~dm' i s s ion, for the trial of all felonies and misdemcanors, ancl for the trial of' issues in the Suprcme Court, and the assessment of damages in civil cases; and thereupon the Judgc named in such Commission shall proceed to hold such Court according to the tenor thereof; and such Court so holdcn shall stand to the Supxemc Court in thc same relation as Courts of Oyer and Terminer and gcneral Gaol Delivery, and Nisi Prizts, in England, stallcl to Her Majesty's Court at WTestminstcr.

Notice of Colnmissiou 3. Notice h-- of --., the issue of any such Commission shall be given in

I/ t o bc given in G~xLtk.

the	Hoout7i- Austmlian	G o c e r n m e ~ z t ~ z e t t e	thirt da s at the least
rized.

bcforc the day appointed for the holding of t IC (hurt thereby autho- ?

Jurors to be sum- 4. TTTheiiever any such Commission - shall have been issued, the

,v' moned.

J& to whom the same shall Gu (kxcted, slrall c-x- - issue s v r ~ p t

directmg and requiring the Sheriff to summon not morc than tmcnty- five nor less than twclve of the persons qualified and liable to serve as jurors, who shall rcsidc within twenty miles of the place named in such Commission, to attend at the time and place appointed for holding the Conrt, and the persons so summoned shall be jurors for the trial of all felonies and misclei-t~eaaors, and of all issues in fact, and for the amssrneilt 'of d;ur~ages in all causes which may be ap- pointed to be hearcl and determuled, or to be tried or assessed at

the Court to be holclen by ~ i r t u c of such Commission.

Sheriff to summon 5. Upon the rec+t__o_f spch prccr lt, and not less than ~ Q I clcar

." jurors. days before the aaympointed for ho dihg any such Couct, the Sl~eriff'' i-- - - 4

s ~ i l - l the uerson?&fciresaid, a i d e v e r ~ such summons shall

hc signcd by the ~ l i r i f f, and shall be to the fofiowing effect :-

Mr. A.B., you mc hercby required to appear as a juror, at a Court

to be holder1 at on the day of

next, by virtue of a Cornmission for that purposc ciuly issued by His Excellency the Go~ernor-in-Chief, and there to attcnd from day to day, until you shall be discharged by the said Court.

Dated the day of 18 .

C. D., Sheriff.

Penalty for non-	6. If any.persop duly surnmoilcd to attend as a juror as aforesaid, shall fail to attcnd according to such summons, he shall be liable to the same fine, to be imposed, levied, and appropriated in the same manner as though he had bcen duly summoned, and had made de- fc\.ult in appearing, as a juror at any sitting9 of the Supreme Court.
attendcnce.

Fees to be paid to 7. At the trial of every c i d action, and on every assessment of

jurors. damages,

damages, t l~cre shall be paid to each juryman wllo shall try such action or assess such damages, the same fee as is, or s l d l be, by law, payible to jurymen trying any action in the Supreme Court a t Ade- laide.

8. Such felonies and misdemcano~, and such civil actions, shall ~~~~~~d

be tried, and such damages asssessed, a t any Court to be holilen by virtue of any Commission as aforesaid, as may be authorized by such

Commission, or as may be directed to be tried or assessed at such Court by any rule or order of the Supreme Court to bc made in that behaE.

9. This Act shall take effect from the passing thereof. Act. Commencement of

10. This Act may be cited as The Third Judge and District

Courts Act."