Local Courts Act 1861 (SA)

A.

D. 1861.

An Act to amend the Laws relating to the Jurisdiction c:f

Local

W HEREAS it is expedient to extend the jurisdiction of Local ~r-ble.

Courts, and to consaltidate and amend the Ordinances and Acts relating thereto-Be it therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of

the Legislative Council and House of Assembly of the said Province,

in this present Parliament assembled, as follows:

1. The following Ordinances and Acts shall be repealed :-"

An 11, ,I

ordimCw

Ordinance to facilitate the recovery of possession of tenements after $9

8 of

due determination of the tenancy, within the Province and its de- pendencies," being No. 8 of 1843 ; " An Ordinance for the recovery of small debts, and trial and punishment of minor offences in South

F

or Ordinance thereby repealed shall be hereby revived.

2. This Act may be cited as the "Local Court Act, 186 1 ," md short

and m*

shall take effect from the 31st day of March, 1862.

mencement of hc(,

Y

3. This

to judgment in

the Local Court:

The Eighteenth Part, protection to officers and general matters.

Yaar 1,

And with regwd to the establishment and constitution of Local Courts, the appointment of officers, their functions and duties, Be it Enacted-

Courte already estab-

4. That the several Locd Courts established under the provisions

lished.

of the second re~ealed Ordinance, and specified in Schedule A to this Act, shall be c&timed as if estiblishea under this Act, and all pro- ceedings commenced under the said Ordinance shall be proceeded in, heard, and determined under the provisions hereof; ancl dl judg- ments and records of each of such Courts shall continue to be judgments and records of such respective Courts, and such Courts shall bc holden at such respective places, and shall have such juris- diction whether full or limited, or both, and. the sittings thereof re- spectively shall take place on such days, and at such periods as are specified in such Schedule.

5. The Governor may, from time to time, by Proclamation in

the

PABT I;

diction of, or may abolish any Local Court, or may alter the place, Courts.

6. The Governor may, in like manner, extend or limit the jurisp Alteration of Lood

8. The Governor, in the name and on the behalf of Her Majesty, shall from time to time, nominate and appoint, during IIer Majesty's pleasure, such and so manv Justices of the Peace for the said Province as hc shall deem fit and proper to be Special Magistrates, who, with those nonzinated under the Repealed Ordinances, shall preside at Local Courts, and shall exercise the powers conferred on them by this Act.

Ap ointment of Spe-

as shall be necessary for the duc administration of justice, who shall Offlcerr.

9. Local Courts shall ha\ e such Clerks, Bailiffs, and other officers Appointment of

10. The Clerk and Bailiff of every Local Court who may receive CIcrke and B a m a

give security.

l l. Such Clerks shall be remnnerated by a fixed salary, and such

R e m ~ ~ r a t i o n o f

06-

oem

12. The offices of

each Court shall bc opcn for the dispatch of 0 5 ~ e g 0 f ~ 0 C 0 U ~ ~

Friday, Monday in Easter week, and days appointed for public fast or thanksgiving, or days which shall be Gazetced as public holidays excepted; and the Court shall sit for dispatch of business at such places, and on such days, and at such periods as shall have been """"g

COUrh*

appointed for that purpose.

P u g E+

before fe Special Magistrate and two Justicea of the Peace for the said Province or a jury, and all causes and matters cognizable under

this Act by a Court of Limited Jurisdiction, hall be heard and

determined in open Court in a summwy way according to equity

and good conscience and the substantial merits of the case, by and

before a Special Magistrate only, or two Justices of the Peace for the said Province: Provided, that a Court of Limited Jurisdiction shall not adjudicate upon any matter when the claim shall exceed

to act.

Justiceeintereetednot Twenty Pounds exclusive of costs: Provided, that no Justice of

Justioee to attend

14. The Clerk of the Court shall cause to besumrnoned, one week

Courts

in rotation.

before the first day of the sitting of the Court of Full Jurisdiction, not less than two such Jl~stices being resident within ten miles, to attend at the time and place of holding such Court by regular rotation according to a list to be kept by him for that purpose, and which shall be annually fcrwarded to the Attorney-General of the Province

and be approved by him, and the Justices so attending shall act with

the Special Magistrate during the sitting, or shall each procure some other Justice of the Pcacc for the said Province, who shall so attend and act ac) a substitute for the Justice so summoned and not attending: Provided that no officer in the service of Her Majesty, or of the Co- lonial Govcmmcnt, and no Member of the Legislature, during the Le- gislative Session shtU be summoned to attend after claiming exemption.

A ~ O ~ e n t O f C o u *

when court not

15, Where, by reabon of the absence of a Special Magistrate, or a

fonned.

Justice of the Peace, a competent Court cannot be formed. the Magistrates then -present, if Ay, or if none, then the Clerk of the Court shall adjourn the Court to such day as may be deemed c~nvenient, and shall enter in the minute book s memorandum of wch adjournment, and the causc thereof.

PWwemeat~fCourt

by Attorney-General.

16. Where the day appointed for holding any Local Court falls upon a Holiday, it shall be lawful for the Attorney-General by notice in the &th Australian Government Gazette, to a,lter the day

8pecial Magistrate,

17. In any action in a Local Court, the Special Magistrate, or two

b

wrurent, may Act

doe.

have power to hear and determine such action, if %oth p r t i e s shall

Justices of the Peace for thc mid Province attending such Court, shall

consent in writing, in the form set forth in Schedule R to this Act, signed by them or their attorneys, which shall riot be revocable, that the Special Magistrate, or two Justices, shall have silch power, and such consent may be entered into, whether the complement of Justices shall be then present or not, and the judgment of the Special Magis- trate, or two Justices, shall be entered as the judgment of the Court.

POW-

and duties of

18, A Special, Magistrate, in. addition to the particular duties im-

rjpecial Magistrate,

posed upon him by this Act, shall have mid exercise the following

powers-

pdh

"

Court, and shall, in jury eases, direct the jury upon

mathrs d

a m h

(11.)

A Special Magistrate may order the inspction of docments by T ~ o f i e r i ~ c t i ~ n -

any party to an action, in the custody or power of the opposite party, and to the inspection of which the party applyiag is legally or equitably entitled:

(1x1.)

H e may, before hearing, order the postponement of the hearing TO ~ * e h M 8 *

of a cause upon any terms he may think fit:

(IV.)

He may order the rcmrvice of a summons where he is satisfied T o ~ q * ~ - = r v i c ~

that the summons has not come to the knowledge o f the dden- of euinmons.

dant, and that the defendant has not absented himself to avoid

process; or that knowledge of the service of the summons has

not been wilfully or intentionally withheld:

(v.)

in any actiou upon such terms as he may think fit:

(VII.)

1% may order a new trial of any action on such terms as he T ~ ~ r d e r n ~ t r b ~

(VIII.) He may review arry decision of the Clerk of hi8 Court:

f

(IX.) He may authorize a, Bailiff of the Court to act as appraiser or TO

authorbe Bailiffi to sell by auctirm,

(X.) He may in any case, at the instance of the party interested, Ei;$yintS@d

(XI.) He may temyorarily appoint any fit person to act as Clerk of the ~ ~ ~ ", " ~ t ~ ~ ~ ~, ~

Court in case of the death, suspension, or removal of any Clerk, g.&.

or in case of the illness or absence of any such Clerk:

(XII.)

He may do. all other matters necessary to carry out this Act.

@her duti*.

Z

a d

PART

and s h d have an office at or contiguous to the place where the

Court is holdm, whereat shall be issued all summonses, subpenas,

0 1 8 ~

of Clerk.

TO

a d i ~

proceaa to

(11.) He shall, within twenty-four hours of the issuing any summons or warrant, or receiving any summons or warrant from the Clerk of any other Court, deliver the same to the bailiff, or, in case the defendant resides nearer to some other Court, he shall, within the like period, forward through the General Post Office, the summons and du$icate, to the Clerk of the Court nearest to which the defendant resides:

return8 in Record

(111.) He shall forthwith, after receiving from the bailiff or the Clerk of any other Court, the duplicate of any summons issued by him, enter in the record book the date of the service, or the report of non-service? and the cause thereof:

Book.

To return sUmmon8,

&C., to Court from

(IT .) H e shall forthwith, after receivitlg from the bailiff the dupli-

which they wero

cate of any summons, or any warrant forwarded from any other

received.

Court for service or execution, return the same to the Clerk of

the Court from which it was received:

t r i a r

(v.) H e shall within twenty-four hours after receipt of any notice of appearance, give notice thereof, and of the day of trial to the plaintie

Topont noticm-

(W.) Unless otherwise specially directed by this Act or by the rules

party by post, to the addrcss of such party as given to him,

delivered to the opposite party, by transmitting the same to such

unless applied for earlier:

aofomard w-t

(YII.)

He shall, when a warrant of execution shall have been issued

ta Clerk of netweat

Court, for execution.

against the goods and chattels of any party at a distance from the Court of which he is Clerk, or an order for the commitment of any such party shall have been made, send such warrant or order to the Clerk of any Local Court nearest to the place where such party or his goods and chattels shall then be, or be believed to be, requiring execution of the same:

To now

rmifl of

(VIII.)

When a warrant of execution or an order of commitment Rh all

narrapta.

shall seal or stamp it with the seal of his Court, and shall deliver

Prim 1.

iP: to the Bailiff of his Court:

(IX.)

He shall make a minute of the precise time when he shall have TO

warrants

note time

applied

when

tor.

been reauested to issue any warrant against the goods of a

dcfendait, and he shall not$

the same i n the warrant:

( X. ) Where more than one warrant of execution against the goods T

o deliver warrant9

(XI.) H e shall cause all summonses, notices, warrants, and other ~ o a t ~ x s e d t u

a~

docurne~~ts

proceeding from the Court of which he is Clerk, to doouments.

(xrr.) He shall keep such books of account, and make euch returns TO keep bmka of

account, and make

of moneys received and paid, fees, and disbursements, in such ,

,

,

,

form and at such periods, and shall make payment and deposit of money received by him in manner as shall be required by any regulations to be from time to time issued by thebttorney- General.

and he shall cause all summonses to be served on the respective

defendants within seven days of their delivery to him by the

Clerk of the Court, or, in case of their nonservice, he shall report

such nonservice and the cause thereof to the said Clerk;

(111.)

The Bailiff and assistant Bailiffs shall forthwith, after service of To sndone aervioe.

any summons, endorse on the duplicate summons the day of the month and year of such service, and he shall, within four days of the service, swear an affidavit of such service:

(rv. ) The Bailiff shall cause to be executed every warrant of execution To execute warra%

and make rettms of

PART

I.

case of nonexecution, he shall report weekly to the Clerk of the Court such fact, and thc cause thereof:

T o m m C ~ m a n t ~

(v,) Where more than one warrant against the goods of any person

in a t i o n,

To PW

over monw.

(W.) Every Bailiff levying or recciving any money by virtue of his

office, shall, immediately after the receipt thereof, pay over the

same to thc Clerk of the Court:

* ~ b e r e ~ o n G b l ~ l ~ ~ ~

(XI.) The Bailiff of cvery Court shall be rwponsible fur dl the acts and defaults of hiinsclf and the assistant Bailiffs to be appointed by him, in like lnnnnrr as thc Sheriff of the said Prorince is rmponsible for the a::ts and definrdts of hiinself and his officers.

wrmgful wts.

Qovernor t o issue

Commission for

21. I t shall be lawful for the Gowrnor, under the public seal of

No privilege

22. Except as hereinafter provided, no privilege shall be allowed to m y person, whether s practitioncr of' thc Supreme Court or not,

to exempt him from the jurisdiction of Local Conrts.

PART 11.

And with regard to the ordinary jurisdiction of Loczl Courts in

matters civil, and the concr~lrrcnt

juriscliction of thc Suprcme

JuriadictiondCowtfl,

2:3. That Local Courts, snhject to the Jiniitation as to zznlount in the case of Courts of Limited Jurisdiction liereinbefore mentioned, &all have cognizance of all personal actions where the debt or darnage claimed is not more than One 1-Iundrt.d Po~uds, whether on a balance of account or otherwise; and in any action f9r recovery of

a balance of account, the Court shall have jurisdiction, if the original

claim shall have been reduced to One Hundred Pounds, or less, by payment or admitted set o@ of a debt o r clemand, chimed or rc-

,

coverable by the defendant from the plaintifX

of partnerahip.

24. Local Courts shall also have jurisdidion for the recovery of

any demand within the amount for which they shall have jurisdiction,

which is the vho1.e or part of the unliquidated balance of a pnrtner-

25. Any Local Court shall have jurisdiction in any action without

dictlon to any amount,

any limitation as to the amount of the claim, if both parties s h d file

by conaent.

with the Clerk of the Court a consent in writing, signed by them or their attorneys, which shall not be revocable, that the Court shall have such jurisdiction; and, thereupon, all proceedings may be taken and the judgment of the Court shall be enfbrccd in like manner atlh be subject to the like right of appcal as in an ordinary action.

Plaintiff nat to divide

26. I t shall not be lawful for any plaintiff to divide any cause C$

came of action.

27. A TAocal Court of Full Jurisdiction shall, but a Local Court

Exce tionu from

of Lirnitccl Jurisdiction shall not have cognizance of any action

juris&c tion.

in which the title to any corporeal or incorporeal hereditament, or easclncnt shall be in question, or in which the validity. or effect of any devise, bequest, cr limitation, under any will, or settlement, or document in the nature of a settlement may be disputed, and no Local Court shall have cognizance of any action of ejectment,

save as hereinafter rnelhoncd.

28. Where, in any action of contract brought in the Supreme Supreme C m t m a ~

order cert~in

aotioru

Court, the sum endorsed on thc writ, or claimed by the plaintiff, in,

bo tried in Local

the particlxlaus of demand delivered in the action, does not exceed exceeded that amount, is reduced by payment into Court, an admitted

set off,'or otherwise, to a sum not exceeding One Hundred Pounds,

a Judge of the Supreme Court, on the application of either party,

after issue joined, may in his discretion, and on such terms as he shall think fit, order that the cause be tried by and before any Local Court of Full Jurisdiction which he s h d name, and thereupon the plaintiff or defendant shall lodge with the Clerk of such Co~irt, such order and thc issue, or a copy thereof; and the Special Magistrate pre-

siding over such Court, or the Clerk thereof, shall appoint a day

for the hearing of the cause, notice whereof shall be sent by post, or otherwise, by the Clerk, to both parties, or their Attorneys; md, after such hearing, the Clerk shall certify the result to the Master of

the Supreme Court, and judgment, in accordance with such cer-

tificate, may be signed in the Supreme Court.

the m~ount

claimed by the plaintiff is reduced by payment

Cburt &od

2 A

to F!@ !!&

p m ~

11.

.1

to a sum not exceeding One Hundred Pounds, i t shall be lawful for the plaintiff to accept such sum in bar of the further maintenance of the said action, and thereupon to enter a suggestion on the record, that

he claims a further sum, and that the amount so claimed is within the

juris2liction of a Local Court, and thereupon to abandon all further proceedings in such action, and in that case to tax his costs of suit; and in case of nonpayment thereof, within fortyeight hours, to

belnnca of claim in

30. After the entry of such suggestion, it shall be lawful for the

L ~ I

Court.

plaintiff to sue for the residue of the amount claimed by him in such

-

action in a Local Court of competent jurisdiction.

Money paid under

31. If the money paid into Court, in any such action in the Supreme Court, shall be paid under a plea of tender, then the plaintiff shall not tax his costs of suit, until such plea is decided, and

plea of tender.

it s h d be lawful for such plaintiff to take issue upon such plea; and

thereupon he shall lodgc such issue with the Clerk of Court of the Local Court, wherein he may sue for the residue of such amount, and such Court shnll try such issue, and shall notify the result of such trial to the Master of the Supreme Court, and judgment in accordance with such certificate may be signed in the Supreme Court.

Plaintiff suing in

Supreme Court not to

32. In every action in the Supreme Court for any cause within Supkme Court by a defendant, being in covenant, debt, or assumpsit, where the plaintiff shall recover a sum not exceeding One Hundred Pounds, or being in trespass, detinue, trover, or case where the plaintiff shall recover a sum less than Twenty Pounds, such plaintiff shall have judgment to rccovcr such sum only, and no costs unless he obtain a certificate of the presiding Judge, or an order of the Supreme Court or Judge thereof, as hereinafter provided; and

recover costs in

the jurisdiction of anv Local Court, except actions removed into the

certain casee.

it shall not be necessary to enter any suggestion on the roll to

deprive such plaintiff of costs.

Judge or Supremo

33. If

the plaintiff, in any such action as aforesaid, s l d l recover

Court may give costs

in certain cases.

a sum less than the sum in that behalf res~cctivelv hcxcinbefore specified by verdict, and the Judge presiding at' thc trih shall certify, at the back of the record, that the action was fit to be tried by a July, or whether there was a verdict or not, if the plaintiff shall make it appear to the satisfaction of the said Court, or to a Judge at Chambers, upon summons, that there was sufficient reason for bring- ing such action in the Supreme Court, then and in any such case

the said Court or Judge shall make order that the plaintiff shall have

judgment to recover his costs, as if this Act had not been passed.

Replevin may be

brmgbt in Local or

34. An action of seplevin, in cases of distress for rent in amear,

Nuprcrme ~ o u r t.

or damage .feasant, may be brought in a Local Court or in the

Supreme Caurt, as hereinafter provided in part the tenth.

Plcar m.

And to enable actions in Local Courts to be ' tried by a jury, Be it

-

Enacted-

tw

35. That it shall be lawful for the Governor, by Proclamation to

be

be from time to time by him issued for that purpose, and published

PABT

III,

in the South Australian Government Gazette, to alter the time or

at some othor L o d

Court than that in

place, or both, at which all jury actions depending in any Court

whioh the plaint was

held under this Act shall be tried, which Proclamation the Governor

entered.

may in like manner revoke, or alter.

Parties to action may

36. A plaintiff or d~fendant

in any action in a Local Court of

have ssme tried by a

full jurisdiction, inay require such action to be tried or damages

jury on giving notice

to be assesseci by a jury; in which case, the party requiring a jury

to the Clerk.

shall give to the Clerk. of the Court, or leave at his office, notice in writing of demand of a jury, such notice to be given scven clear clays at least before the day at which the trial would take place, or in ;he case of a defendant, such notice may be given with the notice

of appearance; the Clerk of the Court shall iminediately cause

notice of demand of a jury to be communicntcd to the other party to the said action in like manncr as a notice of trial; and in case the place for trying jury causes shall have been altered by Procla- mation as aforesaid, and it shall have been directed that such causes shall be tried at some other Local Court, or at the Civil Sittings of the Supreme Court, the Clerk shall cause thc snmrnons, appearance, and necessary papers in the act,ion to be sent to the Clerk of the Court in which the trial is to take place, or to the Associate of the Supreme Court, as the case may be, and shall give notice to each party of' the day and place of trial.

37, The party requiring a jury shall at the time of giving the

Party requiring a ju

said notice, and before he shall be entitled to have such jury

with Clerk.

summoned, pay to the C1la.k of the Court the sum of Two Pounds, and out of the said sum the jurymen shall be paid as hereinafter provided.

38. The Clcrk of each Court, having jurisdiction in jury causes, shall prepare, or cause to be prepared, a jury list as hereinafter provided: The first jury list shall be prepared within three months after the day on ih ich this Act shall take effect, or after the

liste.

Proclamation establishing the Court or authorizing trials by jury

at such Court; and the subsequent list in thc first meek in the

month of January in each succeeding ycar; and such list shall contain, in alphabetical ordcr, thc names of all persons residing within twenty miles of the Court who are qualified and liable to serve on juries, and thc qualification, di~~nalifkation, and exemption of such jurors shall be the same as for the Supreme Court of the s8d Province, and shall also contrtin the particulars, and places of abode of such persons; and the Clerk of the Court preparing such list shall subscribe the same with a declaration that the same contains, to the best of his knowledge and belief, the names of all persons qualified and liable to serve on juries within such limits as aforesaid.

Clerk to eubacribo

39. The Clerk of the Court shall also, with all reasonable dispatch, cause copies of such list to be affixed to the doors of his &urt

M e, and the

PAIW m+

House, and he shall subscribe thereto a notice of the time whzn, and

to

the place where, snch list will be revised.

Liets, how revised

40. At the first Local Court of Full Jurisdiction after the first day of January in each year, the Clerk of the Court shall produce the list, so prepared and verified as aforesaid, and thereupou the Court shall exanline such list, and shall strike out of such list the names of all persons not liable or qualified to scrve, or who inay be disqualified from serving as jurors, and also of 311 persons disabled by any per- manent infirmity, and sliall insel t all names improperly omitted, and correct a11 errors in the mid list; and cveq Magistrate present at

any such Court shall sign his name to the said list when so revised;

but, if a sufficient nun~bcr of Magistrates to form a Local Court of Full Jurisdiction shall nr,t attend, then such list h 1 1 be revised by the Magistrates, or sole Magistrate attendin,o a t the time and place for holding snch ('ourt: Provided, that in the rase of the first jnvy list, such list shall bc in like ~nailner revised by the said Local Court first holden after Pourtecn claps from the affixing of the list to the Court House door, or by the Magistrates or fiole Magistrate, as afore- said; ancl auch hst, so signed: shall bc ret~zmecl to the Clerk of the Court.

Clerktoaumrnonjnry,

and administer oathe.

41. Whe~iever a jury shdl be required, the Clerk of the Court

jurors.

needed in his opinion to be summoned to attend the Court at the time md place tobe mentioned in the summons, and shall administer or cause to be administered to such of f hem ELS shall be impanelled to try any cause or causes, an oath to the effect that such jurors will give a true verdict, according to the evidence; nnd every summons shall be in writing, signed by the Clerk of the Court, and shall be

to the following effect :-

day of

next, and thew to attend from

day to day until you shall be discharged by the said Court.

(Signed)

C.D, Clerk,

summoned, who shalI

-12, If any person duly summoned 2s n Jwor shall not attend at

the Court at the time mentioned in the sun~mons,

he shall, in default

N U U I ~

of jurors.

43. Whenever there are any juiy trials, four jurymen shall be impannelled and sworn as occasion shall reqaire, to give their verdicts in the causes which shall be brought before them in the said Court, and being once sworn shall not requi~e to be resworn in each trial,

and either of the parties in any such cause shall be entitled to his

P-

W+

lawful challenge against all and any of the said jurors in like manner

as he would be entitled at the Civil Sittings of the Supreme Court, :;E;~?P

be

but neither party shall have a right of challenge except for cause against more than three jurymen, and the finding of the jury, or any three of the jurymen, shall be taken as the verdict of the jury.

a sufficient number of jurors, as aforesaid, shall not be in attendance, notpresont,byatanden

44, When any cause to be tried by a jury shall be called on, and z:$e:,"f";";ga

or in case any of those in attendance shall be challenged by the may

aYrnmOOd*

plaintiff or defendant, and such challenge be allowed, and a sufficient number shall not remain to try such case, it shall be law-ful either for the plaintiff or defendant to pray a tales, and the Judge or Special Magistrate in attendance shall thereupon summon as many good and lawful men of the bystanders as shall be necessary.

45. Every juryman summoned to attend' and attending at a ~ur~~pzentobe

paid.

46. Four days after the trial of

any aotion not commenced in the zz$";$d+&

Court at which such trial was holdcn, the Judges' Associate or Clerk L,d

c,&

in which

And with regard to writs of certiorari, prohibition, and mandamus, certificate may be entered np.

Be it Enacted-

or a Judge thereof, in term time or vacation, and shall be directed to term time or vacation.

47. That every such writ may be granted by the Supreme Court, i;;"gy&Fh.,

48. Any action commenced in a Local Court may, subject to the ~

;

~

~

~

y

~

into the Supreme Court, if such Supreme Court or a Judge thereof

shall deem it desirable that the cause shall be tried in the Supreme

t e r m and conditions follorvhg, be removed, by writ of certiorari, remoyed bgwiorm; for B claim exceeding Thirty Pounds, such writ may be granted,

2 B

at

impose term.

all One Hundred Pounds; and shall further assent to such terms, if any, as the said Supreme Court or a Judge shall think fit to impose;

and provided that, if the action to be removed shall be an action of replevin, it shall be on the terns and conditions hereinafter provided

in part the tenth.

Rule or aummone to

show cause why a

. 49. The granting by the Supreme Court, or any Judge thereof,

writ of certiorari or

of a r d c or summons to show cause why a writ of certiorari or pro-

prohibition should

not

hibition should not issue, shall, if the Supreme Court or a Judge

m e

to be a stay of

proceedings.

thereof so direct, operttte as a. stay of proceedings in the cause to

which the same shall relate, until the determination of such rule or

summons, or until the Supreme Court or Judge shall otherwise order; and the Local Court hall, from time to time, adjourn the hearing of

such cause until mch determination, or until such order be made; but if notice of sach rule or summons shall not be given by the party

who obtained it, to the opposite party or his attorney, and to the Clerk of the Local Court, two clear days before the day fixed for the hearing of the cause, the Local Court may, in its discretion, order the party who obtained the rule or summons, to pay dl the costs of the day, nr so much thereof as they shall think fit, unless the Supreme Court ox a Judge thereof shall have made some order respecting such

costs.

Writ of mtwrrrri ur

rohibition to be

50. Where a writ of certiorari -or of prohibition, addressed to a

Lpa li th Clerk of

local Court, and

notice given to the

Supreme Court or a Judge thereof, on an exparte application, and

opposite party.

the party who obtained it shall not lodgc it with the Clerk of the Local Court, and give notice to the opposite party or his attorney that it has issued, two clear days before the day fixed for hearing

Court or a Judge thereof shall have made some order respecting costs.

Pfeadkgs in prohi-

5 1, IVhcn an a.pplication shall be made to the Supreme Court or a Judge thereof, for a writ of prohibition, to be addressed to a Special Magistrate or a Local Court, the matter shall be finally disposed of by rule or order, and no declaration or further proceedings in pro- hibition shall be allowed.

hition ahlished.

~ ~ i t 4 0 f - d a m ~

52. NO writ of mandamus, unless specially ordered by the Su-

aboliahed

to pro~eea

b~ rule

peaies

or preme C&rt, shall henceforth issue to a Special Magistrate or an

~ummooa,

Officer of a Local Court, for refusing to do any act relating to the duties of his office; but any party requiring such act to be done may appl to the Supreme Court or a Judge thereof, upon an affidavit of

53. The refusal to grant a writ of certiorari or of prohibition shall

writ of certiorari or

he final; but nothing shall affect the right of appeding from the

prohibition not pep mitted on same

decision of n Juclge of the Supreme Court to thc Court itself, or

groupd.

prevent a second application being made for S L ~ C ~ writ, ox rule, or order to the same Judgc, or to the Supreme Court, on grounds clif- ferent from those on which the first application was founded.

51. The successful party may cause a writ o f certio~ari

to issue with-

Judgment of Local

Court may be removed

out notice to the opposite party to remove a judgment of a Local Court,

to Supreme Court,

for an amount exceeding Twenty Polmds, into thc Supreme Court; and when removcd, it h 1 1 have the same force and cfl'cct, and the same proceedings may be had thereon, as in the case of a judgment of such Supreme Court: Provided that such Supreme Court shall not have power to inquire into, set aside, or quash any such judgmeut for matters adjudicated upon In the Local Court.

And, with regard to appeals from Local Courts to the Supreme Court, BC it Enacted-

reservation, shall be in the discretion of the ~ u ~ r e i % c Court, and being certified by the proper officer of the 1,ocal Court, shttll be recoverable against the party by whom the salm shall be made

payable, in the same manner as costs incurred in the Loc

Court.

56. If either party, in any cause in a Local Court for recovery S ~ e m e C o * m ~ ~

ordor n ncw trial in s

of a claiiu exceeding Thirty Pounds, or in casc of wplcvin, where the LOO^^ C O U ~,

or may

for the recovery of tenements where the yearly rent or value exceeds

amount of rent or damage exceeds 'l'hirtp Poimds, and in all actions ;$y$e:T" claimed, or the value of the goods and chattels claimed, or of the proceeds thereof, exceeds Thirty Potmds, shall be dissatisfied with the determination or direction of the said Court on a point of law, or upon the admission or rejection of any evidence, such party may,

B u z v.

or order of the Local Court should not be set aside, and a new trial had between the parties, or why the judgment should not be entered for or varied in favor of the party applying, and every such rule shall state shortly the grounds upon which the rule shall have been granted, provided thatwthe so dissatisfied shall either, during the then sitting of the Local Court, or within twelve days thereafter,

R4,

be

Notice ofappealnot

57. Notice of an intention to apply to the Supremc Court for a

a atay of proceedings,

rule or order, shall not operate as a stay of proceedings, unless the

cwea.

Local Court, where the notice is given at the then sitting of the Local Court, shall so order, or unless the party applying &all give security to the satisfaction of thc Clerk of the Local Court, by bond or deposit of monev to the amount of Twenty Pounds over and above the amount* oi the judgment, for the due prosecution of the appeal, and the payment of thc amount of the judgment,

if the rule be dismissed, and also of the costs of appeal if the

Supreme Court order the party appealing to pay the same: Pro- vided that the Special Rfagistrate presiding at the trial may, in his discretion, after notice of appeal, order further proceedings to be stayed until such security be completed, or if the judgment shall be enforced, the amount thereof shall be detained in Court until the appeal is disposed of.

rnloae

giving notice

of apped.

58. The notice of appeal shall be in writing, signed by the party

appealing, or his attorney, and shall be lodged with the Clerk of the

Court, or sent to him by post.

Copies of proaeedings

to be sent to Supreme

59. After receiving notice of appeal, the Clerk of the Court shall

court.

forward to the Master of thc Supreme Court, a copy of the plaint

and defence, and the evidence, if any taken at the trial.

new trial.

60. The Court or Judge may grant a rule or order, either uncon- the satisfaction of the Master of the Supreme Court, by bond or

ditionally or upon condition that the appellant shall give security to

deposit of momy, if the same shall not have been already done in the Local Court, md they or he may order that the rule or order shall operate as a stay of procn~dings, upon notice thereof being given to the Clerk of the Local Court.

Mode of prwedure

on argument of rule

61. The argumcnt upon motion to make any such rule or order absolute, shall take place before the Supreme Court, ns well when the same has been granted by the said Court or a Judge thereof, and the Court shall examinc the plaint and defence, aiid the evi- dence, if any, taken at thc trial before the Local Court, and the ruling of the Special Magistrate, and if the Court shall be of opinion that although the ruling objected to may not have been strictly according to law, yet that substantial justice fias been done between the parties, they shall discharge the rule or order, with or without costs;

~ui.

but, if it shall appear to the said Court that no cause of action, or

no

no sufficient cause of action to the extent recovered by the plaintiff, or

POT".

g,

that the defence set up and admitted in the Local Court is not valid,

Order thereupon,

wholly or in part, they may order that a new trial be had, and the Court shall express, in such order, their opinion on the Taw connected with the subject, with a view to the guidance of the Local Court on such trial, and every such order shall bc final.

Supreme Court may

62. If the appellant shall not proceed with due diligence in the prosccution of the appeal, the successful party in the Loc'al Court

&miss ap@ fam

want of prmutiox1.

may apply to a Judge of the Supreme Court upon summons, or to the Supreme Court, for an order dismissing the appeal for want of prosecution with costs, which order the said Judge or Court i d hereby empowered to make.

Costa of appeal 14-

63. If the order of the Supreme Court upon any appeal be that a new trial shall be granted, or the appeal be dismissed, the costs

coverable under

ju,"gyt of Lood

of the successf~xl party, if so ordered by the Supreme Court or

a Judge thereof, shall be taxed by the Master of the Supreme

Court; and the Clerk of the Local Court, on receiving the allocatur of the said Master, shall add them to the, judgment; and the suc- cessful party shall be entitled to proceed on such judgment as on an original judgment of a Local Court.

64. Except in manner herein provided, no judgment, order, or determination given or made by a Local Court, nor any cause or

Judgment of Looal

Court flnal.

matter brought before it, or pending in such Court, shall be 'removed

into the Supreme Court.

G5. Where a party is required to give security, such security shall be at the cost of the party giving it, and in the form of a bond, with a surety or sureties, to the other party, or intended party, in the action or proceeding: Provided that the Court in which any action on the bond shall be brought may, by rule or order, give such relief to the obligors as may be just, and such rule or order shall have the effect of a defeasance of such bond.

Form of aecuritj.

66. Where a party is required to give security, he may, h

lieu Moneyma bede-

osited in Een ot

2 a *

required

P A ~ T

v,

reqnired to enforce or avoid ~ u c h

bond, as in the last preceding

PAW

And with regard to parties to actions in Local Courts, Be it

Plaintiff may join

67. That a plaintiff may join in one action a claim or debt due to

that, in the case of the death of either plaintiff, such suit so far only as

relates to the causes of action of any which do survive shall abate.

d.ima in One

him in right of his wife, and a claim or debt in his own right:

Provided

Yinommay

ao.

68. Any minor may sue for recovery of money due to him for

ww

wage8 or piece-work, or for work as a servant, in the same manner

as if he were of full age.

&joinder

of plainin

ti&i may be amended. in whom the legal right may be supposed to exist, and judgment

69. Every action may be brought in thc name of all thc persons

Nonjoinder of plain-

7 l.

I n case it shall appear on thc hearing, that some person or

h mdeda

persons not joined as plaintiffs, ought to have been so joined, the Court may, if it shall see fit, order such person or persons to be so joined, and the cause shall thereupon proceed as if he or they had

One of several pcr~ona

72, W here a plaintiff shall have any dcmand against two or more persons jointly answerable, it shall bc stiffici~nt~ if any of such persons be served with process or sued? and judgment may be obtained, and execution issued, against thc pcrson or persons so served and sued notwithstanding that othcrs jointly liable may not have been served

liable may be sued.

or eued, or may not be within the jurisdiction of the Court: Pro-

vided that, every person against whom judgment shall have been so obtained, and who shall have satisfied such judgment, may recover contribution from any other person jointly liable with him.

wisjoinaerofaefen-

73. In case it shidl appear, either before or on the trial of

~ Z s m s ~ h. m m a o a e a cause in any

action

on

contract, that

defetldauts have

been im-

74. Where two or more persons shall be sued as joint contractors, the plaintiff shall be entitlcd to a judgment (or to a verdict or

Judgment may be

given againet one or

more defendant$.

judgment, as the case may be) against such of the defendants as

shall appear to be liable, although one or more of the persons made

a defendant or defendants shall appear not to be liable: Provided that, in every such case, the defendant or defendants not liable shall have judgment, and be entitled to costs against the plaintiff, and to the like remedy for thc same as a defendant as any ordilmry case.

75. A defendant or defendants may avail himself or themselves of any set off, or other defence, to which he or they would be entitled if some persons had not becn improperly joined as plaintiffs, or if all the persons answerable were made defendants, or if the persons named as defendants had been properly joined.

Defendant may

set off debt.

76. If a debt shall be due to a defendant by the plaintiff and one or more persons, jointly an~wcrable~

rccover from pIaintiff

Defendant may

the defendant may set off such

any sums to which he

debt; arid where a defendant shall claim a set off, and at the hearing

balance of accounte. may be entitled on a

shall prow a debt due to him by the plaintiff, exceeding the amount, if any, found to he due by the defendant to the plaintiff, th,.: Court shall award to the defendmt the overplus to which he inay be entitled on a balance of accounts, and give judgmcnt accordingly.

7 7. TV here one or more of several plaintiffs or clcfenclants shall

On death of one of

several plaintiffs o.r

die before judgment, the suit shall not abatc, if the cause of action

defcndantu, actioi not

survive to or against the surviving parties respectively.

to abate.

78, Where one or more of several plaintiff^ or defendants shall die after judgment, proceedings t h c b n may be taken by the decen&t$ .iter

On death oi" one of

survivor or survirora, or against the snrvivor or survivors, without j""~~~~~{~~~$?~

leavc of the Clourt.

survivors.

which the assipilees m i ~ h t

inaintain for the b e n d t of

the creditors to abntc if assignees

shall not came the as&n

to ilbatc, if the assignees shall elect to

P

~

~

~

~

~

.

months next preceding the date of any plaint been living separate and certain

sue and be sued in

apart from her husband, may sue and be sued, and if judgment pass

against

And with regard to the commencement of actions and proceedings to judgment in the Local Courts, Be it Enacted-

'

names of parties and

81. That any person intending to bring a suit shall furnish the Clerk of the Court with the names and places of abode of the parties, and a memorandum containing a dear and concise statement of particulars of his claim, with as many copies thereof as there are defendants.

particulars.

Cause to commence

by plaint.

of abode of the pa~ties, or their respwtiw attorneys or agents, and

the amount of thc plaint,iff's demand, and the sum paid by him for

fees; and every plaint shall be numbered progressively in cach ycar, according to the order in which it is entered; and a note of such plaint shall be furnished to the plaintiff, in the f m r r, and containing the particulars and directions aontaincd in Schedule U.

Bummons to h u e ta

defondant.

83. Thtr Clerk shall forthwith issue a summons bearing the number of the plaint on the margin thereof, to each defendant, either ia the form in the Schedule C, and hereinafter called " Ordi- nary fh~rnmons," or, at the instance of thc plaintiff, in the form ill Schedule D, and hereinafter called G Special Snmmons," if he shall consider such summons to be applicable to the claims of the plaintiff, and he shall append to each summons a copy of the plaintifs claim

When ~peaial

sum-

mons may issue.

84. In all cases where the claim is for a debt, or liquidated

demand in money, with or without interest, as, for instance, upon a

bill of exchange, promissory note, cheque, or for work and labor

fixed sum of money, or in the nat clre of a debt, or on a guarantee,

whether under seal or not, where the claim against thc principal is in respect of such debt or liquidated demand, the plaintiff may, at

Service of mrnmocs,

85. A summons shall be served personally, or, in the case of an ordinary summons, by delivering th; same at the house or place of business of the defendant, with some person there of the apparent we of fourteen years, OX, in specid cases, in s u d ~ other manner as

PART

vxr.

summons shall be as follows:-Where

the defendant has been served withincertainpcd0&*

87. A defendant desirous of appearing to a plaintiff 'S claim shall Mode and effect of

appearnnca.

in duplicate, a memorandum contailing a clear and concise statement defences, he shall, at the time of giving notice of appearance, file,

of the grounds: of his defence: Provided, that, if the defendant relies

upon a set-off, he shall also filc particulars of such set-off, and if he relies upon a tender before action brought, he shall pay the amount into Court with the appearance.

shall not be allowed to allpear unless at the time of giving notice of ofgmd defence, ~ h e.

pear without afadavit

2~

Judge :

PAST wt.

Judge : Provided that all sums paid in or levied in the action shall

be ddained in Court until the appeal is disposed of.

%nal in certain case#.

89. In case of non-appearance by the defendant where the claim

When not id,

90.

On non-appearance by the defendant in the case of any other

damage8 to beannewd.

Court may permit

91, Where, in either of the preceding cases, the plaintiff shall

defendant to defend.

have signed judgment or set a plaint down for assessment of damages, s Special Magistrate or the Court may, on such terms as he or they may think fit, permit a defendant to appear, and defend the action.

Whm c a m to be

tried.

92. After the defendant has appeared, the trial of the cause s'hall take place at the first Court to be holden after the expiration of the time hereinbefore allowed for the defendant to appear, or two clear days after the appearance of the defendant, whichever shall last happen ; but if the plaintiff &all reside at a distance from the Court in which the plaint is entered, he may, at the time of entering the plaint, ,$ve notice to the Clerk, that he will require an extended notice of trial, to be named by him, not exceeding the period which he would have been allowed, if he had been the defendant and

served personally.

Defendantm~

confem

debt or a part thereof,

93, Any defendant may, if he think fit, at the time of entering his Court a confession of the debt or demand or a part thereof, and which shall be attested by a Clerk of a Local Court, or a Justice of the Peace fot the said Province, or shall be under the hand of a Practitioner of

and judgment

appearance, or at any other time before trial, file with the Clerk of the

thereupon.

like manner as a notice of trial, and the Clerk of the Court shall, at the instance of the plaintiff, enter judgment to the extent of the amount confessed: Provided that, if the defendant confesses a portion of the debt only, and the plaintiff shall not sign judgment as aforesaid, the cause shall proceed.

Y a t q imJ aoatt.

94, Any defendant may, if he think fit, at the time of entering hie appearance, pay into Court such sum of money as he shall think a full satisfactip for the demand of the plaintiff, together with the costs incurred by the plaintiff up to the time of' such payment, and notice of such p hall be communicated by the Clerk of the Court in like -manner as a notice of trial, and the said m m of monv shall be paid to the plaintiff,

and in case of a sum less than the amount claimed being paid, and

P A ~ T

the plaintiff shall not send to the Clerk of the Court a notice of his:

acceptance of the amount paid in full, the cause shall proceed.

95. If the plaintiff shall recover no further sum than shall have Plaintif!

UI oertam

to

cader,

W

c m

96.

If the defendant can agree with the plaintiff upon the amount of

~

~

~

\

~

~

~

~

~

P

a

r

0

a direct line, having jurisdiction to the amount claimed, to which ,,,,,d,

97. A defendant shall be summoned to the nearest Court in zg$$'~~gr~~

his business at the time of the action brought, a defendant may be summoned to the Adelaide Local Court; but no defendant shall be allowed to object that the Court to which he is summoned is not the nearest Court, unless he shall file a memorandum of such objjec- tion at the time of entering his appearance.

98. The Court, or the Judge at the trial, or a Special may

cOdywithm.Ont*

refer

matters to

PART

the expiration of one week after the entry of such awosd, set aside

such award so given as aforesaid; in cithcr of which evcnts the Court

may order anothei reference to be made in the nlanner aforesaid.

continue.

99. A plaintiff in any action may discontinue, by giving notice thereof to the Clerk of the Court, and to thc ckfendant, by post or otherwise, and after the receipt of such notice the defendant shall not be entitled to any further costs than those incurred up to the receipt of such notice, unless the Specid Magistrate shall otherwise order.

lvitnesse8 mny IC

100. Any party to a suit or other pi-oceeding may obtain at the

mmmoned.

office of the Clerk of the Court summcmses to witnesses, and in any

summons any number of' names inay be inserted.

prOcoeaings 'fneith"

party appear at trial.

only appears, then, by his consent, the Court, or, in Jury cases, the presiding Jnclgc or Special Magistrate shall order the muse to be placed at the bottom of the cause list; and if, before the conclusion of the sitting, neither party slfit.11 itppear, the Court shall order tlm cause to be struck out, and tlwrcupon tEc action shall be discon-

Defendant ap arin

tinued: Provided, that if the defcndant shall appear by himself or

judgment thereupon.

his attorney, and pay the court fees, in the first instance payable by the plaintiff, and shall adinit the plaintiff 'S claim, the Court may give

If defendant does not

appear, plaintiff may

102. If, at the day appointed for the hearing of the cause, the

proceed eear i e.

defendarrt s l d not apear at the calling of

the cause, personally or

compensation to a

103. In every case where the plaintiff shall not aynclas, either by ing, and the defendant shall appear, either by llimself or his attorney, upon such day of hearing, continuation, or adjo~urnrnent, it shall be lawful for the Court, or, in Jury cases, the pr~siding Judge or Special Magistrate, to award to the dcfcnduut or to his attorney, by way of costs of his attendance and satisfaction for his trouble, in addition to the ordinary costs payable by virtue of this Act, such sum as the Court, or, in Jury cases, the presiding J ~ d g e or Speci.al Magistrate, in its discretion think fit; and the sum so awarded shall be recover- able as a judgment of the Court.

defendant vhen +in-

himself or his attorney, upon the day of the rctllrn of' ally summons

tiff

not appear.

for hearing, or at any continuation or adjournment of tht; said hear-

evidence to he taken

104. Either party may, require the evidence in a trial to be taken down in writing, and slgued by the presiding Judge or Specid Magistrate; and cithcr party, in the case of a new trial, may tender the same in evidence, subject to any general rule or regulation, to be

in writing.

made in respect to the mode and conditions of using the same.

105. Either party rna require the ruling ox direction of the Jhdge

P&

*if.

or Special Magistrate, or any particular point to be reduced to

ma be

writing, and signed by

such Judge or Special Magistrate.

nipird to m & ~ e

ruling to writing.

106. Tf there shall bc cross judgments between the parties, execu- In

afmp%-

menta

exmtion to

tion shall be taken out by that party only who shall have obtained imue ior

fie balance

the application of thc plaintiff in any action for the detention of any ,,ined,

turn of chattells de-

chattel, to ordcr that execntion shall issue for the return of the chattel detained, without giving the defendant the option of retain- ing such chattel upon paying the value assessed.

208. 'She Court or Jury shall have power, if they think fit so to do, Specifio delivery d

goods eold may be or-

upon the application of the plaintiff in any action for breach of con- a

tract to dcliver specific goods for a price in money to find-

,

n

,

(I.)

T'CThat are the goods, in respect of the nondelivery of which, the

plaintiff is entitled to recover, and which remain undelivered:

(11.)

What (if any) is the sum the plaintiff would have been liable to

pay for the dclivery thereof:

(I r I.)

What damagcs (if any) the plaintiff would have sustained if the

b

woods should be delivered under execution as hereinafter men-

t ron~d: And,

Thereupon, if judgment shall be given for the plaintiff, the Court, on the application of thc plaintiff, shall have power to order execu- tion to issue for delivery, on payment of such sum (if any) as shall have been found to be payable by the plaintiff as aforesaid, of the said goods, without giving the defendant the option of retaining the same, upon paying the damages assessed.

109. If

any party shall sue another in any Local Court for any debt samd adktn for

s r m a cawe not

d-

to proceed in the prosecution or defence of any suit; and the Court,

~lt&nce d the plaintie

or in Jury cases, the presiding Judge or Special Magi~trste,

also may, or defendant.

2 E

further

PAW nl.

further hearing of any cause, in such manner and upon such terms

as to the Court may seem meet.

under $20, Court

In cass of judgment

111. Where judgment has been obtained in a Local Court for a

may order payment

sum not exceeding Twenty Pounds, exclusive of costs, the Court,

by instalments.

and in Jury cases, the presiding Judge or Special Magistrate may, at the trial, order such sum and the costs to be paid at such time or times, and by such instalments (if any) as he shall think fit; but in all other cases the Court, a Judge, or Special Magistrate as aforesaid, shall order the full amount for which judgment has been obtained, to be paid either forthwith or within fourteen clear days from the date of the judgment, unless the plaintiff or his attorney will consent that the same shall. be paid by instalments, in which case, the Court shall order the same to be paid at such times, and by such instalments as shall be consented to.

Who may appear at

hearing.

1.12. Any party to a suit or other proceeding, or a practitioner of

the Supreme Court, or by leave of the Court, any other person instead

of the party may appear and conduct a cause in Court.

Court may nomuit.

113. Every orcler and judgment of any Court holden under this

Plaintiff may elect to

Court; and every plaintiff shall be entitled, at any time before

be nonsuit.

the judgment of the Court is pronounced, or in Jury cases before

verdict, to elect to be nonsuit.

Amendment of pro-

114. The Court, or any Judge or Special Magistrate at all times, maj amend all defects and errors in any proceedings; and all such amendments may be made, with or without costs, and upon such terms as to the Court, Judge, or Special Magistrate may seem fit; and all amendments necessary to determine in the existing suit the real ques- tion between the parties shall be so made.

ceedings.

(t

PART

v

m

*

-

And with regard to crimind jurisdiction, Be it Enacted-

courts of Full hase j d i h t i o n to

11 5, That Courts of Full Jurisdiction, shall have jurisdiction to

W certain 08-e~

lowilig offences, that is 20 say-

AU airnple larcenies of property, to the value of Five Pounds, not being larcenies of any horse, sheep, ar other a n i n d of the kind commonly called cattle, and not being by law punishable by imprisonment exceeding two years, or by a fine exceeding One Hundred Pounds; and all other felonies having no greater

offences, concealment of childbirth, conspiracy, forgery, per-

PART

vrm

jury, and subornation; and also all such otfences as by Statute

are or shall be declared to be not triable by Courts of General

or Quarterly Sessions of the Peace in England.

116. The said Courts may respectively, on coi~viction

for ally of Pover to punish

the offences aforesaid, p n i s h the person or persons so charged as

offenders on convic-

they are by law punishable; nevertheless, where the punishment is

by imprisonment, by imprisonment not exceeding six calendar

months, with or without hard labor, and solitary and separatc confinement not exceeding one calendar month; and where the punishment is by fine, by fine not exceeding Twenty Pounds, except when a single Justice or two or more Justices of'the Peace for the said Province have power by law to impose a higher fine; aud the said Court may J s o punish any person so fined by imprisonment not ex- ceeding six calendar months, unless the said fine shall be sooner paid; and where the punishment is by fine and imprisonment, by one or other of the punishments aforesaid: Provided, that if' it appear to such Court that there are circun~stances in the case which render it inespe- dient to inflict any punishment, they shall have power to dismiss the person char ed without proceeding to a conviction: Provided also, that if it shal 7 a,ppear toany such Court that the offence, either because of its aggravated character or other circumstances, is such as to

require a punishnient exceeding that which such Court is competent to adjudge, or such as ought to be tried before a jury, it shall be lawful for such Court to commit the prisoner m accased for trial before Ihe Supreme Court, or to remand such prisoner until the Attorney-General shall have elected either to remit such casc for the decision of the Lacal Court or to proceed in some other Court of competent jurisdiction.

of the Peace for the said Proviucc with any offence cognizable by 'O

cou'tq

a Local Court under this Act, and in the opinion of such Justice or

Justices the case is proper to be dkposed of by a Local Court, the Justice or Justices before whom such person is so charged, may

commit such person for trial accordingly.

person accused shall be allowed to make his full anbwer and defence,

full anewer and

and to have all witnesses examined and cross-examined by counsel

or attorney.

119. If the Court shall convict the prrson of the offence cl~arged

cm~ictiOn-

Sleuth Australia

Be it remembered that on the

day

to wit,

1 of

,

in the year of our Lord one

thousand eight hundred and

7

being

charged before the Local Court of

7 for that (here