Local Courts Act 1886 (SA) - Legislation

ANNO QUADRAGESIMO NON0 ET QUINQUAGESIMO
No. 386.
An Act to consolidate and amend the Law relating to
the Jurisdiction of Local Courts.

[dsse~zted

to, November r7Zh, 1886.1

HEREAS it is rlcsirable to consolidate and amend the Acts Preamble.

fore Enacted by the Governor of the I?soviim of South Australia,	W relating to the jurisdiction of the Local Courts--Be it there
with the advice ancl consent of the Legislative Council and House of Assembly of the said province, in this p~csent Parliament assembled,
as follows:

1. This Act may bc cited as thc C' IJocal Courts ,4Ct, 1886," and Short title, and cam.

shall take effect from the thirty-first day of March, one thousand	OOEA"t.
eight hundred and eighty-seven.

-4-386.

2. From the commencement of this Act thc following Acts Repeal.
shall be repcalcd, but without prejudioc to any proceedings taken., or rights acquired, or liabilities incurred ~mder them, or any of

them, prior to the commonc.ernent of

this Act, namely, l 5 of

1861,

4 of 1863, 12 of 1870, 196 of 1880, 299 of 1883-4, and Act 359
of 1885.

3. The

Jary Act, 1862," and the Act No. 7 of 1865-6, so far as Incor~oration

of Jury

their provisions are applicable to and not inconsistent with the ,m,~,B,,m

Act, 1862, and Act

provisions of this Act, are incorporated, and shall be read, with this

Act.

4. When not inconsistent with the context, the words " Court" Interpretation.
and '' the Court" shall mean-

(a) A Judge of the Supreme Court, when sitting, whether with or without a: jury; or

(4 a

49O & 50° VICTORIE, No. 386.
Local Courts Act.-1886.
( 6 ) A Special Magistrate, when sitting with a jury; or
( c ) A Spccial Magistrate and two Justices of the Peace, wheu
sitting as a Court of Full Jurisdiction; or
(d) A Special Magistrate or two Justices of the Peace, when

sitting as a Court of

Limited Jurisdiction; or

(ej The tribunal, however constituted, which has jurisdiction by
consent to hear and determine any action in a Local
Court:
According as such definitions may be applicable to the particular case then being tried and the jurisdiction of the Court then sitting. The word fi warrant " shall include "writ," and vice versa. The

word	law " &all include '' equity ."

Division of A C ~.

5. This Act shall be divided into seventeen parts-

The First Yart, relating to the Establishment and Constitution of
Local Courts, the Appointment of Officers, their Functions and
Duties:
The Second Part, to the Ordinary Jurisdiction of Local Courts, and
the Concurrent Jurisdiction of the Supreme Court:
The Third Part, to Replevin:
The Fourth Part, to Jurics in Local Courts:
The Fifth Yart, to Writs of Certiorari, Prohibition, and Mandtanlns: The Sixth Part, to Appeals from Local Courts to the Supreme Court: The Seventh Part, to Parties to Actions in Local Courts:
The Eighth Part, to the Commencement of Actions and Proceedings
to Judgment in the Local Courts:
The Ninth Part, to Enforcing Judgments and Orders of Local Courts:

The Tenth Part, to Interpleader Summonses:

The Eleventh Part, to the Recovery of Small Tenements:
The Twelfth Part, to the Action of JJj jectment:
The Thirteenth Yart, to Remedies against Debtors about to ,4bscond:
The Fourteenth Part, to Commissions and Orders, for the Esamina-
tion of Witnesses:
The Fifteenth Part, to Fees of Court and Costs of Actions in Local
Courts:
The Sixteenth Part, to Yenalties in Local Courts:
The Seventeenth Part, to Protection of Officers of Local Courts, and
General Matters,
PART

49' & 50' VICTO RI&, No. 386.

Local Courts Act.-1886.
PART I.
OF THE ESTABLISHMENT AND CONSTITUTION OF LOCAL COURTS, THE APPOINTMENT OF OFFI-
CERS, THEIR FUNCTION S AND DUrrlES.

The several Local Courts specified in Schedule A to this

Act,

~; ; ~ ~ $; ;; d ~ e $ ~ ~ l

,&all be continued as if established undcr this Act, and all pro- lished.
ceedings already commenced therein shall be continued, hdard,
and dcterrnined under the provisions hereof; and all judgments
and records of each of such Courts shall continuc to be judgments
and records of such respective Courts, and such Courts shall be
holde~l at such respective places, and shall have such j~irisdiction,
whether full or linited, or both, and the sittings thereof respectively
shall take place on such days and at such periods as are specified
in such Schedule, or may hereafter be fixed by Proclamation.
7, The several Idocel Courts already cstablishcd, or which shall Existing Local Courts

hereafter be established by virtue of this Act, shall be Courts of be eshblished under

nnd Local Courts to

Appeal from summary convictions or orders made by a Justice or this Act shall be the

Courts of Appeal

Justices of the Peace in like manner as if such Local Courts had ,,aer	N ~.	6 of 1860.
been mentioned in the Act No. G of 1850, in lieu of the Local

Courts established under the since repealed Ordinance No. 5 of

1850.

8. The Governor may from time to time, upon an address from & ~ ~ ~ f \; ~ t 8 ~

ad-

both Houses of the Legislature, by Yroclarnation in the Govern- ment Gozette, constitute and establish additional Local Courts, and shall assign to each Court so to be established the powers of full and limited jnrisdiction, or of limited jurisdiction only, and shall appoint, and by any Proclamation may alter, a place, day, and period for the sittings thereof, and the placc at which thc office thereof shall be situate, and the times and days during which such office shall be open. The Governor may, by Proclamation, abolish any Local Court, or may alter the name of any Local Court.
of Local

9. The Local Court Districts in existence at the passing of this

Court Districts.

Act shall continue as at present constituted and established until

altered or abolished by the Govcrnor by Proclamation in the Goaern- he G O V ~ ~ O ~

may

merit Gnzettu, and the Governor may, by Proclamation in the Govern- ~ ~: ~ ~ $ i ~ ~ T t ~ c a l
nmzt Gazette, alter such districts, or establish other district S, or
abolish any districts at present or hereafter to bc established. In any such, or by a subsequent Proclamation or Proclamations so published as aforesaid, the Governor may-
(a) Declare what Local Courts are to be held within each district so altered or eatdblished, and appoint one or more clerk or clerks, bailiff or bailiffs, or office or offices, for the said Local Courts, and the placc or places at which such ofice or offices shdl be situated, and the times and days during which they shall be open:

( 6 ) Appoi u L a Jury district from which Jurors for the trial of Appoint a Jury dis -

causes in the Local Courts mentioned in the preceding trict.

paragraph shall be summoned, nncl the time when and

placc whcrc thc jury lists shall be rcvised:

(c) Extend
49' & 50" VICTORIJE, No. 386.
Local Courts Act--1886.
-
- _
( c ) Extend or limit, subject to the provisions of section 30 of

Alter or abolish Local	this Act, the jurisdiction of, or abolish, any Local Court,
Courts.	or alter the place, day, or period of holdir~g the same, or the place a t which shall be situate or the times and days during which shd l be open the office of any Local Court.

Transfer of records

10,

I n case of the abolition of any Local Court, the Governor may, by. the Proclamation so abolishing it, or by any subsequent one in the Government Gazclte, or where, befarc the passing of this Bet, any Local Court shall have been abolished, the G~ve rno r may, by
and business of
abolished Court.

a Proclamation in such

Gazette, transfer the records and p ~ n l l i q

proceedings of the Court so abolished to the nearest Local Conrt, and such records shall be kept, and such pending proceedings may be continued, by the Local Court to which they are transferred, in the name of the Local Court so abolished. 1n the event of the defendant, or defendants if more than onc, in any cause having appeared bcforc such trxnsfcr, notice ot trial shall be given by the Clerk of the Court to which such proceedings have been trans- ferred as if the appearance had been entered ill a, like cause in such Local Court on the day of such transfer, and in the event of any defendant not having appeared and judgment not h a ~ i n g been signed, the defendant shall be allowed the same time for appearance as if the summons had been issued out of the 1,ocal Court to which such transfcr shall have bccn made and served personally on the day of such transfer.
Limitation of Local

Courts not to affect

11, I n casc of the limitation of the jurisdiction of any Local any subsequent one in the Gover.)ment Gazette, dircct that such limitation shall not aecct the right of suitors to procced in any actions commenced, or to cnforcc any judgments recovered whcn such Local Comt exercised the powers of full and limited jurisdic- tion respectively: And for the purpose only of proceeding in such actions, or enforcing such judgments, the said Local Court shall

right of suitors prior

Court, the Governor may, by the Proclamation so limiting it, or by

to such limitation.

continue to exercise the Dowers of a Court of Full Jurisdiction in the same manner as it &cl bcfore the issue of the Proclamation

limiting the same.

8tyle of Courts.

12.

Local Courts shall lw Courts of itecord, and each Court s l i d

be styled by the name mcntioilcd ill thc Schcdulc :l hereto, or in

Seal of Cou~ts.	the Proclamation establishing the same, and shall have a seal where- with are to be sealed all su~monses and other prbccss issuing out of such Court.
Present Special

Magistrates, derks,

13. Thc Special Magistrates, clerks of Local Courts, and bailiffs

and bailiffs continued

of Local (hurts, now acting by virtue of an appointment under any

in office,

law heretofore in force, shd l continuc to occupy their respct i~e

offices during Her Majesty's pleasure, but subject to the provisions

of this Act.

Appointment of	14.	The Ghvernor, in the name and on the behalf of Her Majesty,
Special Magistrate.

shall from time to time nominate and appoint, during HeT
49b & 50° VICTORIW, No. 386.
Lacal Courts Act.-1886.

pleasure, such Justices of the Peace to be Special Magistrates s s

may bc necessary, who, with those already appointed, shall preside

t,Local Courts, and shall exercise the powers conferred on them

by this Act.

Governor may

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

appoint gaols for im-

the Government Gaxet!e, appoint what common gaols shall be places	prisonment under
warrant of Local
of imprisonment for persons arrested under warrants issucd out of	Court; existing
Lord Courts or committed to gaol under thc: authority of this Act,	appointments to eontinue.
and from time to time in like manner cancel such appointments,
anti, in default of such appointment, sbch persons shall be im-
prisoned in the Adelaide Gaol: Provided that all gaols heretofore
so a.ppoiizted shall, until their appointment be cancelled, or other
appointments in lieo of them be made hereunder, continue to be places of imprisonment i11 nccorclancs with such appointment for
persons so arrested or committed to gnol.

16, Local Courts shall have such and so many clerks, bailiffs, and	Appointment of
Officers.

other officers as s i d l be necessary for the due administration of
justice, who shall be appointed and may be suspended or removed
by thc Governor at pleasure,

17. The clerk or clerlrs, and the bailiff, and such assistant bailiffs as may be appointed by the Attorney-General, of every	Clerks and bailiffs ta
give security.
Local Court, shall give security for such sum, and in such manner
and form, as the Governor from time to timc shall order, for the due performance of their several offices, and for the due accounting
for &d payment of all moneys received by them under this Act,
which they may become liable to pay for any misbehaviour in thcir
office.

18. Such clerks sh:dl be remunerated by a fixed salary, and such Remuneration of
bailiffs by fixed salary, or by thc fccs, or partly by fixed salary and officers.
partly by the fces specified in Schedule 1 to this Act annexed, as thc

~ t t o A e ~ - ~ e n e r a l

may from time to time direct.

19.

The offices of

each Court shall, save so far as otherwise pre- o f i c e ~ o f

the Court8

scribed, be open for the dispatch of business daily throughout thc

when to be open.

ell^, 8nnciays, Cllristrnas Day, Good Friday, Monday and 'l'uesday Holding of Courts.
in Easter week, and days appointed for public fast or thanksgiving, or days which shall be gnzetted as public holidays, excepted; and the Court shall sit for the dispatch of business at such places and
on such days, and at such periods, as shall have been appointed for
that purpose.

upon R public holiday, it shall be lawful for the Attorney-General, by Attorney-Ecncral.

20. Where the day appointed for holding imp Local Court falls Po~tpouementofcourt

by notice in the Go~'e9'nrnent Gazette, to alter the day for holding
much Court to a day to be named in such notice.
21. All causes and matters cognizable under this Act by a Court ConatitutionofCourt
of Full Jurisdiction shall be heard and determined in open Court
in

49'

& 50'

VICTORIK, No. 386.

PART 1.

in a summary way, by and before a Judge of the Supreme Court

of the said province, with or without a jury, or by and before a Special Magistrate and two Justices of the Peace for the said p&nce, or-a Special Magistrate and a jury; and all causes and matters cognizable under this Act by a Court of Limited Jurisdic- tion shall be heard and determined in open Court in a summarv way, by and before a Special ~ a ~ i s t r a t e only, or two Jnstic& of the Peace for the said province: Providcrl that a Court of Limited Jurisdiction shall not adjudicate upon any matter when t h ~

Justicesinteneteduot claim shall exceed Twcnty Pounds exclusive of costs: Provided,
to act.
also, that no Judge: Special Magistrate, or Justice of the Peace shall act judicially 13 any matter in which he has any personal interest. Nothing in this Act shall prevent several Judges, Juries, Special Msgistratcs, and Justices of the Peace, or some of them, sitting contcmporaneously in different places as t,he same Local Court, for the trial of actions pending in such Court.
Absence of unanimity

among mernbere of

22. Whenever, in a Local Court of Full Jorisdiction consisting

court of F ~ ~ I

of a Special Magistrate and two Justices of

the Peace, two members

Jurisdiction not to in- shall have concurred, or shall hereafter concur, in any judgment,
validate past or future

judgments, &C.

verdict, finding, clccision, or order, the same shall not be invalid by reason only that the third member of the Court shall not have concurred therein; but the concurrence therein of the majority of the members of thc Court shall suffice: Provided that this section shall not apply to any judgment, verdict, finding, decision, or order heretofore declared invalid by the Supreme Court for want of unanimity among the members of any Local Court.

Justices to attend	23, The clerk of	the Court shall, if necessary, cause to be sum-
Courts in rotation.

moned, one week before the first day of the sitting of the Court of Full Jurisdiction, not less than two such Justices 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, an? which shall be forwarded in duplicate during the

month of December in each year to the Attorney-General and be	approved by him; and each Justice so summoned shall attend and
act with the Special Magistrate during the sitting, or shall procure some other Justicc of the Feace for the said provincc, who shall so attend and act as a substitute fbr the Justicc so summoned and not attending: Provided that no officer in the service of Her Majesty OF of the Colonial Government, and no Member of the Legislature during the Legislative Session, shall be required to attend.

Jurisdiction by con-	24. Where, by reason of the absence of	a Special Magistrate, or
sent where Court

defective owing to

one or more Justices of the Peace, a cornpetcnt Court cannot be

Of a mDmber. formed, thc Specid Magistrate or thk ~ ~ c c & d

Magistrate and one

Justice of the Peace, or two Justices of the Peace ettcndiitg such Court, shall have power to hear and determine any action i f both parties, in person or by attorney, shall consent thereto in writing; and such consent shall not be revocable, and shall be filed in Court with the plaint; and the judgment of the person or persons whose jurisdiction is so consented to shall be entered as the judgment of the

49' & 50' VICTORIAZ, No. 386.

7

Local

Courts

A c t. 1 8 8 6.

--
r-C
PART 1.

the Court; but if such consent bc not obtained, or if

there be no

Judge, Special blagistratc, or Justice or Justices present, the Special ' if the Court in the other, shall adjourr. the Court to such a day as may be deemed convenient, and shall enter in the minute-book
5 memorandum of such adjournment and the cause thereof.
25. A Judge or Special Magistrate, in addition to the particular ~ ~ ~ ? ~ ~ ~ g $ ! ~ ~ "
duties imposed upon him by this Act, shall have and exercise the
following powcrs-
1. We shall preside at any Court at which he may be present, T O preside at Cou*s.
and shall decide upon all questions of law, and in jury
cases shall direct the jury:

ir. He may order the inspection of docunlents by any party to an TO

order inspection.

action, in the custody or power of the opposite party, and to thc inspectim of which the party applying is lcgally or equitably entitled:
111. He may, before hearing, order the postponement of the TOpOSt~Onehea"n~g
hearing of a cause upon any terms he may think fit:

N. Hc may order the re-service of a summons where he is satisfied ervice vice	that the summons has not come to the knowledge of the
defendant, and that the defcndnnt has not absented him-
self to avoid process:

v. He may, if necessary, set aside any judgment by default, To set mide judgment	signed in any action, and may suspend any execution by default.
upon such terms as he may think fit:

N. IIe shall at any stage of the proceedings, upon such terms as To nmelid pleadings.

he shall think fit, permit the amendment of the p7

L T

~ C U -

lam of demand, claim, or dcfence in any action, and may require the delivcry of better particulars of dernaiid or set-off in any action:
VII. He may, on such terms as he may think fit, reinstate any cause TO reinstate.

that has been struck out during the sittings of the 'Court:

~ I I L He mav order a new trial of any action on such terms as he TO ,acr

new trial.

may 'think fit, and stay procacdings in the meantime, and may, if required. by either party, direct that such new trial shall talrc place before a jury: In the event 01 the trial having been before a .Judge with or without a jury, the power in this sub-section must be exercised by the Supreme Court, or a Judge thereof:

IX. IIe may review any act or decision of the clerk of his To re~iew

decisionof

Court:

clerk.

X. He may authorise a bailiff of the Court to act as appraiser or TO authorise bailit&
auctioneer for the purpose of valuing or selling any goods, to sell by auction.
chattels, or effects taken in execution undcr process of n
Local Court, and the person so authorised may, without
other licence in that behalf, do and perform all the duties
~f appraiser or auctioneer, as the case may be:
XI. He
490 & 50" VICTOKIAZ, No. 386.
-

Zocal

Courts

A c t. 1 8 8 6.

PART I.

XI. He may in any case, at the instance of the party interested,
To appoint special

bailiffs.

appoint a special bailiff for the purpose of serving anv process of the Court, or for the purpose of executing ani warrant against the goods or lands, or fbr the apprchensi~~

or committal of

the person named in a'ny warrant:

Provisionally to ap-

point a substitute for

xrr. H e may temporarily appoint any fit person to act as clerk

clerk.

or bailiff of the Court in case of the death, suspension,

removal, illness, or absence of any clerk or bailiff:

Other duties.	XIII. He may do dl other matters necessary to carry out this Act.
Duties of clerk.	26. The clerk of each Local Court, in addition to the special

duties imposed by this Act, shall have the custody of all books, re- cords, process, and othcr proceedings, and of the seal of the Court, and shall have an office at or near to the place where the Court is

Office of clerk.

holden, at which the business of the clerk of the Court shall be transacted, and at which shall be kept the Record Book and Ninute Book hereinafter mentioned, and where all plaints, appearances, and other proceedings shall be entered of record, and all sunimonses and other process shall be issued, and all moneys shall be received into and paid out of Court.

To keep Record Book.

I. He shall cause a note of' all plaints and surnnionses, and of all

orders, and of a11 judgments and cxccutions, and returns thereto, and of ali fines, and of all attaclments of debts, with the names, d.dtes, and statements of the amounts attached, and also of the anioun t recovered, and otherwise, and of all other proceedings of the Court, to be fairly entered from time to time in a hook belonging to the Court, to be called the " Kecord Rook," which shall be
kept at the office of thc Court, and such cntrics, or copics
thercof, bearing the seal of the Court, and prporting to be signed and certified as true copies by the clerk of the Court, shall at all times be admitted in all Courts and places whatsoever as evidence of such entries and of the

proceedings reWrred to therein, and of the regularfty of

such proceedings without further proof:

To keep Minute

Book.

11. He shall keep a book to be callcd the

hiinute Book," in

which he shall enter tliu titles of the cases set down for trial, the amounts claimed, the sums (if' any) paid into Court, the judgment of the Court, and the verdict of the jury, as the case may be, and the names of the attorneys and counsel (if any) who appear for the parties:
To deliver process to

bailiff.

1 1 1. H e shall, within twenty-four hours of the issuing any sum-

mons or warrant, or receiving a,ny summons or warrant from the clerk of any other Court, deliver the same to the bailiff, or, in case the person against whom the process is issued rcsides nearer to some other Court, shdl, within the like period, forward through the General Yost Office: the summons or warrant. to the clerk of the Court nearest to which the person against whom the process is issued --

resides:

~ v.

49O & 50" VICTORIK, No. 386.

Local

Courts

A c t. 1 8 8 6.

,v. H e shall forthwith, after receiving the duplicate of any

PART I.

snmmons issued by him from the bailiff or the clerk T~

enter aewices end

of any other Court, enter in the Record Book the date

of the service, or the report of non-service, and the cause

thereof:

R W O ~

v. H e shall forthwith, after receiving from the bailiff the dupli- TO return summons,

&C., to Court from

cate of any summons or any warrant forwarded from any whioh

wem

other Court for servicc or execution, return the same to received.

the clerk of the Court from which i t was received:

vr. He shall, within twenty-four hours after receipt of any notice TO give notice of

of appearance, reply, or new ground of defence, give notice

thereof, and of the day of trial, to the opposite party:

V I I. Unless otherwise specially directed by this Act, or by the TO post notices.

rulcs of Court, he shall forward all notices by this Act required to be delivered to the opposite party, by trans- mitting the same to such party by post, to the address of such party as given to him, unless applied for earlier:

TO forward

warrant

V I I I. When a warrant of

execution shall have been issued against ,, clerk of nearest

the goods and chattels, or against the lands, of any person court for execution.
at a distance from the Court, or it warrant for the commit- ment of any such person shall have been issued, the clerk shall send such writ or warrant t o the rlewk of the T'ocal Court nearest to the place where such person, or his lands, goods, and chattels shall then be, or be believed to be, requiring execution of the same:
To notify receipt of

rx. When a warrant of execution, or a warrant of commitment, ,

shall bc sent by the clerk of any other Local Court, the clerk receiving the same shall notify thereon the date of its receipt, and shall seal or stamp it with the seal of his

Court, i d

shall deliver it to the bailiff of his Court:

X. He shall make a minute of the precise time when he shall

note time when

have been requested to issue any warrant against the goods ,	,	t	,	,	applied for,
ancl chattels, or against the lands, of any person, and he
shall notify the same on the warrant:

XI. Where more than one wanant of execution against the goods To deliver walTants
and chattels, or against the lands, of any party shall be in rotation.
taken out, he shall deliver such warrants to the bailiff in
the order in which they were taken out:

XI]. He shall cause all summonses, notices, warrants, and other T~

ad &ll

documents proceeding from the Court of which he?' q clerk	9 documftntt~
to bc stamped with the seal of his Court:

r I. He shall deliver all summonses, sub yenas, and notices pro

TO deliversurnmonsru,

ceeding from the Court of which he is clerk, to the bailiff &C.,

to hailiff in order

of issue.
of such Court (if required to be served by him); in the
order in which they were issued:

R-BRB.

XIV. He

49' & 50' VICTOKIE, No. 386.

Local Courts Act.-1886.

PART I.

xrv. He shall keep such books of

account, ancl make such returns

TO keep books of	of - moneys received and paid, fees, and ctisbursernents, i n
accouni, and make
returns.	such fork and at such Jeriocls, aud shall make payment and deposit of money received by him in such manner its shall 6e required b; any reguiations to be from time to time issued by the Attorney-General.

Duties of bailiff.

27. The bailiff and assistant bailiffs of each Court shall have the service of all summonses (imless where the plaintiff desires the sum- mons to be served by himself; or by some person appointed or employed by him for the purpose as hereinafter provided), and the execution of all warrants (unless otherwise ordered by a Special Magistrate in each particular case).

TO appoint assistant

I. The bailiff of any Local Court may, unless assistant bailiffs of such Court have been appointed by the Attorney- Getleral, appoint, in writing, a sufficient number of able and fit persons as assistant bailiffs, and at pleasure dismiss any of them and appoint others in their stead; but every assistant bailiff so appointed may be suspended or dis- missed by the Special Magistrate; and a list of all assistant bailiff's so appointed shall be posted in the office of the Local Court. The A ttorney-General may appoint the assistant bailiffs of any Court whcnever he shall think fit.

b d i K#.

examine summon^.

1 1.

'l'hc

bailiff shall cause d l sunirnonses delivered to him for service to be examined by himself or the assistant bailiff making the service, to enable him to prove the correctness thereof; and he shall cause all summonses to be served on the respective defendants as soon as practicable af tcr their delivery to him by the clerk of the Court, and in case of thcir non-service within a week, he shall as soon as possible thereafter report such non-service and the cause thereof to the clerk of the Court:

To indorse service.

I I I. The bailiff and assistant bailiffs shall forthwith, aft er

of any summous, indorse on the duplicate summons the

service
day of the month and year of such service, and shall, as soon as practicable after service, swear am affidavit of such scrvicc:

I V.	W hen more than one summons, subpaena, or notice directed to any person shall be delivered to the baliff to serve, he chall &ve them in the order in which they were delivered to him:

in order in

aummonBes

which he

rocoived them.

To execute warranb,	V.	The bailiff shall cause to be executed every warrant of execu- tion against t,he goods and chattels, or against the lands, or anv warrant of commitment. within five days, or sooner if z re6uired by the clerk of the Court, after receiving such warrant from him, and shall indorse on every warrant the time and mode of executing the same, and the several amounts received and disbursed or ret,ained on account
and make returns of
mm*.

thereof
49' & 50' VICTORIB, No. 386.
.Local Cozcrts Act.-1886.

thereof; and in case of non-execution, he shall report to	PART 1.
the clerk of the Court such fact and the cause thereof:

VI. Where more than one ~varran

t against the goods and chattels, TO

execute warmnts

or against the lands, of any person shall be delivered to the in rotation.

tmiliff, he shall execute such warrants in the order in

which they were tlelivererl t o him:

vrr. Every bailiff levyiiig or rccciving any nzoney by virtuc of TO payover moneys.

his office, shall, immediately after the receipt thereof, pay over the same to the clerk of the Court of which he is bailiff:

v; I I. The bailiff of every Court shdl be responsible for all the To be responsible for	acts and defaults of himself and the assistan t bailiffs wrongful a m.
appointed by him, in like manner as the Sheriff of the said yrovil~ce is responsible for the acts and defaults of himself and his officers.

28. 1 t shall be lawful for the Go~ernor,

under thc public seal of' Governor to issue

Commission for

the said province, fmm time to time, as occasion shall require it, to making geoeml rules.
issue a commission, appointing three or more Special Magistrates to frame such gencral rules and fbrms as to them shall seem expedient for regulating the practice of the Churts hereby estab- lished, and for executing the process of the said Courts, and generally for carrying this Act into effcct; and such rulcs and forms, when confirmed by the Governor, shall be published in the Government Gazette, and shall have the force of' law: Provided that the rules and forms now in force (excepting in so far as they are repealed or modified, or are inconsistent with this Act), and the forms in the Schedules to this Act, shall be binding and operative until altered or annulled hy rules and forms made under this Act.

29. I t shall not be nccessary that the forms now or hereafter to FO,,~

be in force under the provisions of' this Act shall be strictly adhered
to; but the same may be altered or amended by a Special Magis-
trate or clerk of the Court, to meet the exigency of a particular
case.

P A W 11.

PART 11.

OF THE ORDINARY JURISDIC'I'ION OF LOCAL COURTS AND THE COKCURRENT JURISDICTION OF THE SUPREME COURL'.
30. Local Courts of Full Jurisdiction shall have cognizance of Jurisdictionof Courts.

all personal actions where the debt or damage claimed

not more

than Four Hundred and Ninety Pounds, whether on a balance of	.
account or otherwise; and in any action for recovery of a balance of account, the Court shall have jurisdiction, if the original claim shall have been reduced to Four Hundred and Ninety Pounds, or less, by payment or by any sum for which the plaintiff in his plaint or p&iculars of demand givcs the defendant credit; and

Local
4 9 O & 50" VICTORIA. No. 386.
.Local Courts Act.-188 6.

PART 11.

Local Courts of Limited Jurisdiction shall have cognizance of all like actions where the debt or damage claimed is not more than Twenty Pounds, whether on a balance of account or otherwise; and such Courts shall have jurisdiction where the original claim shall have been reduced to Twenty Pounds or less by or by any sum for which the plaintiff in his plaint or particulars of demand gives the defendant credit.

Jurisdictionincases

of partnership.

3). Local Courts shall also have jurisdiction for the recovery of

any demand within the amount for which t,hey shall have jurisdiction, which is the whole or part of the mliquidat,ed balance of a partner- ship account, or the amount, or part of the amount, of the distributive share under an intestacy, or any legacy under a will.

Court to have juns-	32, Any Local Court shall have jurisdiction in any action without
diction to any amount,

by consent.	any limitation as to the amount of the claim. if both parties shall file 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 jllrisdiction; and, thereupon, all proceedings may be taken and the judgment of the Court shall be enforced in like manner and
be subject to the like right of appeal as in an ordinary action.

prevail when in 33. Where, in any case before a Local Court, the rules of

Rules of equity to

conflict with common common law applicable thereto shall be ill conflict with or vary

law.	from the rules of equity, the rules of equity shall prevail.

Plaintiffnot to divide

34, I t shall not be lawful for any plaintiff to divide any cause of

cause of action.

action for the purpose of bringing two or more suits in any of' the said Courts; b ~ ~ t any plaintiff having cause of action for mbrc than thc sum for which a plaint might be entered under this Act, may abandon the excess, and thereupon the plaintiff shall, or1 proving his case, recover an amount not exceeding the sum competent to be awarded

by such Court; and thc judgment of the Court upon such plaint
shall be in full discharge of all demands in respect of such cause of
action, and entry of judgment shall be made accordingly.

Defendant not to

divide set-off.	35. Where the defendant relies upon a set-off he shall not divide any cause of action which he may have against any plaintiff for the purpose of such set-off, but any defendant having a set-off for more than the sum for which a plaint may be entered under this
Act, may abandon the cxcess, and thereupon may, on proving
his set-off, recover or be allowed an amount not exceeding the sum competent to be awarded by the Court, and the judgment of the Court upon such set-off shall be in full discharge of all demands in respect of the same.

Exceptions from

36. A Local Court of Full Jurisdiction shall, but n Local Court

j uriadiction.	of Limited Jurisdiction shall not, have cognizance of any action
in which the title to any corporeal or incorporeal hcreditament or
easement shall incidentally come in question, or in which the validity or effect of any devise, bequest, or limitation, under any will, or

settlement,
49' & 50" VICTORIW, No. 386.
Local Courts Act.-1886.

PABT 11.

settlement, or document in the naturc of

a settlement, may be dis-

p t r d, and no Local Court shall have cognizance of	any action of
ejectrnent, save as hereinafter mentioned.

37. Where, in any action of contract brought in the Supreme Supreme Court may

Court, the sum indorsed on the writ, or claimed by the plaintiff, to be triedin local

order certrun actlons

in the claim or particulars of demtzud delivered in the action, courts.
does not exceed -Four Hundred and Ninety Pounds, or where such claim, though it origiriallv exceeded that amount, is reduced
by paymcnt into Court, an admitted set-off', or otherwisq to a
slim not exceeding Four Huncliw3 and Ninety Pounds, a Judge of the Supreme Court, on the application of either party, after the close of the pleadings, may in his discretion, ant1 on such terms as he shall think fit, order that the cause be tried by and before
any 1,ocal Conrt of Full Jurisdictiou which he shall name, and
thereupon the plaintiff or defendant shall lodge with the clerk of such Court, such order and the pleadings, or a copy thereof, certified under the hand of the Master of the Suprrrne Court; and the Special Magistrate presiding 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 ot,herwise by the clerk, to both parties,
or their attorneys; and after sach hearing, the clerk shall certify
thc result to the said Master: a.nd judgment, in accordance with
such certificate, inay be signed in the Supreme Court.
38. When in any action of con tract brought in the Supreme Amount claimedin

Court the amount claimed by the plaintiff is reduced by payment ,,ucedby

Supreme Court

into Court to a sum not exceeding Four Hundred and Ninetv into court. bar of tlx further maintenance of the action, and thereupon to enter a suggestion on the record, that he clttims a further sum, and that the amonnt so claimed is within tllc jurisdiction of a, Local Court, and thereupon to abandon all furtlier proceedings in such action, and in that case to tax his costs of suit; and in case of nonpavment thereof, within forty-eight hours, to sign judgment for

his co&s of suit so taxed.

39, After the entry of

such suggestion, it s l d l be lawful for the Plnintiff rna sue for

plaintiff to sue for the residue of the arriount claimed by him in such ~ ~ ~ & $ ~ ~ " m ' n	P
action in a Local Court of competent jurisdiction.

Sopreme Court, shall be aid under a plea of tender, then the plea of tender.

40, If the money paid into Court, in any such action in the Money paid under

plaintiff shall not tax his costs of suit until such plea is decided, and it shall be lawful for such plaintiff to take issue on such plea, and thereupon he shall lodge such issuc with the clerk of the Local Court wherein he may suc for the residue of such mount, and such Court shall try the issue thus raised by such plea, and shall llotify 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.
41, In
Local Courts Act.-1886.
-
41. I n every action in the Supreme Court for any cause within

Plaintiff suing in	thc jurisdiction of any Local Court, except actions removed into
Supreme Court not to
recover coats in	the Supreme Court by a defendant, being in covenant, debt, or
eertain caaes.	assumpsit, where the plaintiff shall recover a sum not exceeding Four Hundred and Ninety Pounds, or being in trespass, detinue, trover, or case where the plaintiff shall recover a sum not exceeding One Hundred Pounds, such plaintiff shall have judgment to recover such sum only, and no costs unless he obtain a certificate of the presiding ~ u d g e, or an order of the Supreme Court or a Judge thereof, as hereinafter provided; and it shall not be necessary to enter any suggestion on the roll to deprive such plaintiff of costs.
Judge or Supreme
Court may give costs	42, If the plaintiff, in any such action as aforesaid, shall recover by trial in the Supren~e Court a surti not exceeding the sum in that behalf respectively hereinbefore specified, and the Judge presiding at the trial or trying the cause shall certify, that the action was fit to be tried in the Supreme Court, or if there be no trial, if the plaintiff shall make it a>ppear to the satisfaction of a Judge at Chambers, upon summons, that there was sufficient reason for bringing snch action in the Supreme Court, then and in any snch case the Judge shall make order that the plaintiff shall have judgment to recover his costs, as if this Act had not been passed.
in certain oa8ea.

PART 111.

OF REPLEVIN.

Replevin may

brought by ordinary

43, All actions of replevin in cases of distress for rent in arrear

plaint in L O C ~ ~

court or damage feasant which shall be brought in a Local Court shall be

neare"

distress.

top1ace

entered in the Court holdcn for the place nearest to which the dis- tress was taken, and shall be brought by plaint in the form adapted to personal actions.

Clerks of Local courts

44, The powers and respousihilities of the Sheriff with respect

to grant replevin.

to replevin bonds and replevins, shall henceforrh cease; and the clerk

to replevin shall be taken shall be empowered, subject t o the rules

of the Local Court nearest to the place where any such distress subject

under this Act, to approve of replevin bonds, and to grant replevins,

and to issue all necessary process in relation thereto.

diahined

to give security.

45. Such clerk shall, at the instance of the party whose goods

shall have been distrained, cause the same to be replevied to such party on his giving one or other of such securities as are mentioned in the next succeeding section,
Action of replevin

me be commenced

46. An action of replevin may be commenced in the Supreme

i. gupmme

court.

Court in the forms applicable to personal actions therein, and such Court shall have power to hear and determine the same; and if the replevisor shall wish to commence proceedings in the Suprcmc COW^ he shall, at the time of replevying, give security to be approved of

by the clerk of the T40cal Court for such an amount as such clerk

shall

49' & 50' VICTOKIA3, No. 386.

p-
Local Courts Act.-1886.

- - - -

-- -

- -p

--

_ _--

&all deem sufficient to cover thc alleged rent or damage in respect	PART 111.
of which the distress shall have been made, and the probable costs of	-

the cause in the Supreme Court, conditioned to commence an actioll Conditions of security

to be given in such

of replevin against the distrainor in the Suprcme Court within one ,,,,,.
month from t6e date thereof, and to prosecutk such action with effect and without delay, and (unless judgment thereon bp obtained by default) to prove before such Supreme Court that he had good
ground for believing either that the title to some corporeal or incor- U
prcal hereditamci~t'exceedin~ in value One Hundrerl' Ponnds was in question, or that SUC!~ rent or damage exceeded Twenty Pounds, and to make return of the goods if a return thereof should be adjudged.
47. If the replevisor shall wish to comnience proceedings in a Conditionsof security
Local Court he s ld l, at the time of replevying, give security to be ~ $ ~ v ~ ~ t ~ \ ~ ~ g h t
approvecl of by the clerk of such Court for such amount as such Local Court.
clerk shall deem sufficient to cover the alleged rent or damage in
reslrect of which the distrcss shall have bccn made, ant1 the probable
costs of thc cause in the T,ocal Court, conditioned to commence an
action of replevin agi~il& the distrainor in the Local Court nearest
to the place where the distress shall have been taken within one
month from the date of the security, and to prosecute such action
with effect and without clclay, and to make return of the goods, if :I
return thereof shall be arlj udged.

PART IV.

PART

IY.

OF JURIES 1N LOCAL COURTS.

48, Esistiug jury districts shall continue until altered by the Pres~nt

jury districts

B"ered.

Governor by ~roclarnntion

published in the

i~ouernmenl Guzette, and

Governor to have

whcncvcr any Local Conrt of Full .Jarisrlirt,ioii shall be hereafter ,,,,r~o

jury

created, the (7roverrlor may at the same tinzc, or at any time thcrc- district for new

Court.

after, by Proclamation published as aforesaid, appoint a ju ry district

from which jurors may bc summoned for such Court.

49, A plaintiff or defendant in m y action in a Local Court of Parties to i:~ti.)n may

have same tried by a

Full Jurisdictiou, except undcr Part XI., may require such action to jl,ty, ,

..tic*

be tried, or damages to be assessed by a jury; in which case, the totheclerk-

" "

party requiring ;jury shall give to thb clerk of the Court, or Gave
at his office, notic'c in wriling, of rlernand of a jury, such notice to
be given seven dear days at least before the day at which the trial would take place, or in the case of a dcfcndant, such notice may be given with the notice of appearance; the clerk of the Court shall immediately cause notice of demand of a jury to be communicated to

the other $rty

to the said action, in like manner as a notice of trial.

50. The party requiring n jury shall, at the time of giving the party rcquiringnjwy
said notice, and before he &all be entitled to have such jury $ i ~ ~ ~ ~ ~ ~ ~ ~ w O P O ' A n d a
summoned, pay to the clerk of *the Court the sum of Two Pounds,
which shall be appropriated to the payment of the jury under section
forty-five of lL The Jury Act, 1862"; but if before a jury has been

sum

inoned

-+	49" & 50' VICTOKIA3, No. 386.

Local Courts Act.-1.886.

A T

summoned the action shall be discontinued or settled out of Court,

Money paid for jury	and notice thereof in writi~lg given to the clerk of the Court, the
to bereturnedifcsuse	clerk shall return the said sum of Two Pounds to the party who shall
withdrawn before
they are summoned.	have paid the same.
Clerk of Local Court	51, Whenever a jury shall be reqixired at a Local Court, the clerk shall cause so many of the persorls named in the jurors' roll as in his opinion will be needed to be summoned to attend thc Court at the time and placc to be mentioned in the summons, and every summons shall be in writing, signed by the clcrk and sealed with the seal of the Court, and shall be to the following effect:-
to summon jurors.

Mr. A. B. [nnnaing the juror] you are hereby required to attend

as a juror at

on the

day of

next, and there to attend from day to day
until you shall be discharged by the Court,
And the delivery of such summons to the person whose attendance is required, or to his wife, or servant, at his usual place of abode shall be sufficient service.

Jurord oath or

52. Jurors in the Local Court shall be sworn in Form A in Schedule S to this Act; but if any person called as a juror shall refuse or be unwilling to be sworn on the ground that the taking of an oath is according to his religious belief unlawful, the Court, upon being satisfied of the sincerity of his objection, may permit such person, instead of being sworn, t o make a solemn afFirmation i n the words contained in Form B in the same Schedule, and such solenin affirmation shall be of the same force as the oath.

affirmation.

Jurors objecting or	53, Any person called as a juror who shall object, or shall be
incompetent to take

an oath may make	objcctcd to as incoinpeterlt to take an oath, shall, if the Court be
declaration.	satisfied that the t,aking of an oath would have no binding effect on his conscience, make the promisc and declaration contained in Form
C in Schedule S to this Act, and such promise and declaration shall
be of the same effect as an oath.

Common jury to

consist of four, to be

54. A common jury at a Local Court shall consist of four and a

sworn only once, and	special jory of six persons, who, being once sworn, or having affirmed
finding of three to be	or declarcd as hcreinbcfore provided, shall not require to be again
verdict.	sworn or again to affirm or declare during the same sittings, and the finding of the jury, or of any three jurymen in the case of s common jury, and of any five jurymen in the case of a special jury, shall be taken as the verdict of the jury, and entered as the judgment of the Court.

Either party may

55. Either of the parties in any cause in a Local Court shall be

challenge.	entitled to his lawful challenge against a11 and any of the common jurors. in like manner as he would be entitled at the Civil Sittings of the Supreme Court, but neither party shall have a right of chal- lenge, except for cause, against more than three jurymen, nor against
any special jurymen.

4 9 O & 50' VICTORIW, No. 386.

- -- --L

LocaE Courts Act.-18136.

---F

56, The Special Magistrate, upon the ex pnrtc! application of any

PART IV.

artv to a cause, may direct that cause to be tried hy a special jury, Spmial Magiatrate

from the special jurors on the jurors' roll for the district; and on may order special jury

upon such order being made, and payment into Court of a sum Pounds for jury feel

of	not less than Three Pounds for the use of the jury, and of ~ ~, " ~ ~ ~ b a c O s t s a n d

the fees for striking, reducing, and summoning the same, and all extra costs and expenses occasioned by such striking and reducing, the clerk hall appoint a time and place for striking the special

jury, and shall pcrform all other the duties devolving on the Sheriff

in iespect of special juries in the Supreme Court, and the special ccl,k to ,,r~or, me

jury shall be struck mwatis mntundis in like manner as in the duties as Sherfin

Supreme Court, bot only twelve numbers shall be drawn out, and

striking special jury,

each party shall only strike out three, and the remaining six shall be the jurors summoned. The special jurors on beitlg called shall be sworn, or make affirmation or declaration as hereinbeforc pro- vided in the case of common jurors.

57. When any cause to be tried by a jury at a Local court Either partymay
shall be called on, and a sufficient number of jurors shall not be in Pray a
attendance, or in case a sufficient number to try the case shall not
remain after allowed challenges, the plaintiff or defendant may pray
a tales, and the Judge or Special Magistrate in attendance shall
thereupon summon as many ss shall be necessary from among the
good and lawful men of the*bystanders qualified and liable to serve
as common or special jurors.
58, Where, in any cause to be tried by a jury in a Local Court, Either party mky

there shall be any real or personal property, the view of which may	obtain m oder for
be material to the proper determination of the question in dispute,
either party may deposit with the clerk a sum to be fixed by the
bailiff for payment of expenses in the case in question, and thereupon may obtain an order from the Special Magistrate commanding the
bailiff to have a number (to be specified in such order) of the jurors,
who are to be impanelled to trv the cause or assess damages therein,
at some place to be named in Such order, and at some convenient	time before the trial or inquiry, who then and there shall have such
real or personal property shown to them by two showers to be named in such order, and onc of whom shall be appointed by each party or (in ease of refusal by either party) by the clerk of the Court. The viewers shall be named by the parties to the cause and, so far as they cannot agree, by the clerk of the Court.

59, The bailiff shall certify on the back of the order that the Bailiff to cert* view

view has been had, with the names of the viewers, and on the day of and	called	viewors	on jury.	to be fint
trial the viewers shall be the first of the persons who shall be called
O n the jury to try the case.

60. The bailiff shall render an account of the expenses of the Bailiff

toa-nt,a.a

View according to the form and on the scale in Schedule T hereto, and	surplus of deposit to
be returned or dea-

if the sum deposited with the clerk shall be more than sufficient to eisnoy u d p UP.
Pay the expenses of the view, the surplus shall be forthwith returned,

C-386.

d~nd

49' & 50° VICTORIA$ No. 386. ,
Local Courts :l ct.-3 886.
~'ART W -

-	and if the sum so deposited shall be insufficient the difference shall forthwith be made up by the party who obtained the order.

Engli~h

practice to

apply save so far a8

61. Trials by jury of causes in the Local Conrt shall, as far as is

*tubs proside.

not herein or by The Jury Act, 1862," provided for, be subject to the like incidents and rules of proceeding as are attendant and are observed on trials by jury in the Supreme C o ~ ~ r t.

Jurors to be sum-	62.	The clerk of	every Local Court shall, as occasion may require,
moned in order as

they #land on roll.

summon all persons whose names appear in the jul ors' roll, and who are liable to serve at such Court, according to the order, as nearly as may be, in which such names shall successively be placed, until every person shall have been summoned in his turn, and every person who makes default shall be summoned a second time, or oftener, until he shall have served for such default, and such order shall be observed in every succeeding year beginning from the names of the persons in the jurors' 1,011 who were last summoned.

Jurors' service to be	63, At the end of	every sitting of a Local ( l w t, where cases
marked off in roll to

secure their exemp-

have been tried by a jury, the clerk shall write in the jurors' roll,

tion.

opposite the name of every juror who shall have served at such sitting, the time of his so serving, and such juror shall be exempt from serving again at the same Cowt in less time than a year from the time of -his so serving, unless all the jurors named in the jumd roll and liable to serve shall have been p~wiously summoned: And the clerk of the Court shall, as far as practicable, summon as jurors such persons as have been the longest time without serving, and shall, for that purpose, preserve the jurors' rolls with the several times of service marked as aforesaid fbr at least six years.

PART

PART V.

-"~~-L-

+-V-

OF WRITS OF CERTIORARI, PPROHIBI'I'ION, AND

MANDA4MUS.

Prerogative writs	64. NO writs of certiorari, l~rohibition,	or ma.ndamus shall hence-
may be granted in

term time or vacation. forth issue to any Local Court'or any officer thereof; but any party
who, but for this Act, might have applied for and obtained any of such writs may: upon an affidavit of the facts, apply to the Supreme Court, or a Judge thereof, and obtain a rule or order in the nature and to have theeffect of any of such writs respectively; such rule or order may be made at any time of the year, and shall be directed to the particular Local Court; but it shall not be necessary to serve or give notice thereof to any Justice other than the Special Magis- trate.
Y

Actiws in Local	Courts may be 65. Any action commenced in a Local Court may, subject to the
removed bpas.ztiovap.i. terms and conditions following, be removed by the Suprcme Court or any Judge thereof 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 Court, on the following conditions :-If the

@ion

49' & 5 8 VICTORIE, No. 386.

- - -- p

- .- .-

-
_M--

Local

Coo l t s Act.-1886.

- p

- -

&on

bc brongli t Ibr s

claim r;sceetling 'l'hirty Pounds, the rule or

order may be granted, at the instance of the defendant, upon such
terms as to ndmissioil of facts, adrriission and production of docu-
ments, and paymerit of or security for costs, as the Supreme Court or a Judge m a y think fit; and in the case of any other claim, upon the terms that the party applying shall give security, to be approved suprerue court may
of by the M aster of the Supreme Court, for the amount of the claim impose term'.
the costs of the trial, not exceeding in all One Hundred Pounds; 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 terms and conditions hereinbefore provided in Part Third
hereof.
orsummonst~

6f-J. The granting by the Suprerne Court or any Judge thereof,

show cause why a

of a rule or summons to show came why a rule or order in the wr i t o f ~ ~ t i o r a r i

nature and to have the effect of a writ of

cmtioruri or pro- ~

hibition should not issue, shall, if the Supreme Conrt or a Judge proceedings.
thereof so direct, operate as a stay of proieedings in the cause t o
which the same shall relate, hntil the determination of such rule or
summons, or until the Supreme Court or Judge shall otherwise order; and the cause shall stand adjourned accordingly until such determination, or until such order be made; but if notice of such rule or summons shall not be given by the party who obtaiiml 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, or if no appearance shall have been entered before judgment shall have hccn signed, the Local Court or a Spccial Magistrate may, in its or his discretion, order thc party who obtained the rule or summons to pay all the costs of the day, or, in case judgment
shall hare bccn signed, of and consequent upon such judgment, or
so much thereof as they shall think fit, unless the Supreme Court or a Judge thereof shall have made some order respecting such

costs.

67. Where a rule or order in the nature and to have the Writof certiorarior

prohibition to be

effect of a writ of certiorari or of prohibition, addressed to a lodged

clerk of

Local Court or n Spccial hlagistrate, shall have bccn granted by the LOC*~ Court, and

notice given to the

purtr qposite p.ty. that it has issued, two clear days before the expiration of the time allowed for the defendant to appear, the said Local Court or a Special Magistrate may, in its or his discretion, order the party who obtained the rule or order to pay all the costs of the day, or, in case judgment shall have been signed, of and consequent upon judgment, or SO ruuch thereof as it shall think fit, unless the Supreme Court
Supreme Court or a J udpe thereof, on an ex application, and
the - party who obtained it shall not lodge it with the clerk of the
0' a Judge thereof shall have made some order respecting such
costs.

68. The refusal

to grant a

rule or

order in the nature and to

S e c o n a a ~ ~ l i ~ t i o n f o r

have the effect of a writ of certtorari or of prohibition shall p&ibitionnotpr.

writ of certiorari or

bo

..	49' & 50' VICTORIE, No. 386.

Local Courts Act.---1886.
V. be final; but nothing shall affect the right of appealing from

mitted on same	the decision of a Judge of the Supreme Court to the Court itself, or
gro~nd.	prevent a second application being made for such mle, or order to the same Judge, or to the Supreme Court, on grounds different from those on which the first application was founded.

PART VI.

PART

VI.

O F APPEALS FROM LOCAL COURTS TO THE
SUPREME COURT.
Point maybe reserved

for decieion of

69. Any Local Court, or, in jury cases, the presiding Judge or

Supreme court.	Special Magistrate, may in any case reserve any point of law for the decision of the Supreme Court, whose decision shall be certified to and binding on t h e Local Court; and the costa, consequent on such ~*eservation, shall be at the discretion of the Supreme Court, and being certified by the proper officer of the Supreme Court, shall be recoverable a,gainst the party by whom the same shall be nrade payable, in the same manner as costs incurred in the Local Court,.
Supreme Court may
arder a new trial in a	70, If either party, in any cause in a Local Court for recovery of a claim exceeding Thirty Pounds, or in case of replevin, where

~ A o r a l ~ o, ~ z t,

vary or reverse the

the amount of rent or damage exccods Yhirty Pounds, and in all

judgment.

actions for the recovery of tenenrcnts where thc yearly rent or value exceeds Thirty Pounds, and in proceedings in interpleader, what: the

Mode of procedure.

money claimed, or the value of the goods and chattels claimed, or of the proceeds thereof, exceeds Thirty Pounds, and in all actions of ejectment under the Twelfth Part of this Act, 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, upon giving such notice as hereinafter mentioned, appeal to the Supreme Court, and such appeal shall be in the form of a rule or order, calling upon the other party to show cause why the judgment or order of the Local Court should not be set aside, and a new trial

for or varied in favor of the party applying, and every such rule had between the parties, or why the judgment should not be entered

shall state shortly the grounds upon which the rule shall have been

granted: Provided that the party so dissatisfied shall, either duri~lg

Notice to be given.

the then sitting of the Local Court, or within twelve days tl~ereafter,

give notice in writing to the clerk of the Court, and to the opposite

party of his intention to apply to thc Supreme Court for an orda

or rule, in pursuance of this provision.

Notice of a p p d not	7 1.	Notice of	an intention to apply to the Supreme Court for a
IstaY

except Of

in proceedings,

certain

rule or ordcr shall not operate as a stay of pr~wcdings,

unless the

cases.

Local Court, where the notice is given at the then sitting of the Jdocal Court, shall so order, or unless the party applying shall give security to the satisfaction of the clerk of the Local Cou~t, by bond or deposit of money to' the amount of Twenty Pounds over and above the amount (if any) of the judgment against him, for the due prosecution of the appeal, and the payment of the amount (if any), of

49' & 50' VICTORIE, No. 386.

PART

VI.

of the judgment agnint him, if thc rule bc dismissed, and also of the costs of' appeal if the Supreme Court order the party appealing to pay the same: Provided that the Judge or Special Magistrate presiding at the trial may, in his discretion, after notice of appeal, order further proceedings to be stayed until such secority be completed. or if the judgment shall be for a sum to be paid by the party appealing and
shall have been obeyed or enforced, the amount thereof shall be
detained in Court until thc appeal is disposcd of.
72. The notice of appeal shall be in writing, signed by the party Mode of giving notice

appealing, or his attorney, and shall bc lodged with the clerk of	thc of appeal.
Court and the opposite party, or sent to them by post.

73. After receiving notice of appeal, the clerk of the Court shall Copieeof proceedings

to be sent to Supreme

forward to the Master of the Supreme Court, a copy of the plaint court.
and dcf'ence, and of the notes made by the Judge or Special Magis-
trate at the trial.

74. The Court or Judge mav grant a. rule or order, either uncon- Terms of rule fliai for

new trial.

ditionally, or upon condition that the appellant shall give security
to the satisfaction of the Master of the Supreme Court, bp bond or
deposit of money, if the same shall not have been alreadv done in the Local Court, and m a y order that the rule or order &l1 uperate as a stay of proceedings, upon notice thereof being given to the clerk of' the Local Court.

75. The argument upon motion to make any such rule or order Modeof procedure.

on argument of rule

absolute, whether the same was granted by the Supreme Court or
by a Judge thereof, shall take placc before the Snprcme Corlrt, and
the Cou~t shall examine the plaint a11d defence, and the evidence, if any, taken at the trial bpfore the Local Court, and the ruling of the Judge or Special Magistrate, and if thc C2om.t shall he of opinion that although the ruling objected to may not hare been strictly according to law, yet that substantial justice had been done between the parties,

no sufficient cause of action to the extent to which the plaintiff	it shall appear to the said Court that there was no cause of' action, or they shall discharge the rule or order, with or without costs; but, if
recovered, or that the defence set up and admitted in the Local Orderthereupon.
Court is not valid, wholly or in part, as the case may he, they may
order such judgment or nonsuit to be entered as justice may require, or that a new trial be had, on such terms as they may think fit,
and the Court may make an order as to the costs of the appeal as they think fit, and shall express in the order for a new trial their
opinion on the law connected with the subject, with a view to the guidance of the Local Court on such trial, and every such order
shall be final.

78. If the appellant shall not proceed with due diligence in the diemiss

f%~reme

appeal

Court

for

ray

~antofpmae~ution.
p~secution of the appeal, the successful party in the Local Court hereby empowered to make. 77. 'rhe
may apply to n Judge of the Supreme Court upon summons, or to
the Supreme Court, for an order dismissing the appeal for want of

490 & 50' VICTORIE, No. 386.

---

&ocal

Coruts

A c t. 1 8 8 6.

---

Pasx v1:

-- -

77. The costs of the succeseful party to the appeal, if ordered by

Coats of appeal

the Supreme Court to be paid by the opposite party, shall be taxed

recoverable under

judgment of Local

by the Master of the Supreme Court; and the clerk of the Local

Court.

Court, on receiving the allocatur of the said Master, shall enter judgment for such costs or add them to any judgment already ob. tained in favor of such party; and such judgment may he proceeded

on in like manner as any other judgment of

the Local Court.

Judgment of Load

Court final.

78. Except in manner herein provided, no judgment, order, or

determination, given or made by a Local Court, nor any cause or matter brought before it, or pending in such Court, shall be removed into the Supreme Court.

Form of security.

79.

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, wit11
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, add such rule or order shall have the
effect of a defeasance of such bond.

Money may be de-

80. Where a partv is required to give sccurity, he may, in lieu

posited in lieu of

bond.

thereof, deposit withv the clerk of the Court, if the security is required to be given in a Local Court, or with the Master of the Supreme Court, if the securitv is required to be given in that Court, a sum equal in amount to the sum for which he would be required to give security, together with a memorandum, to be approved of by such clerk or Master, and to be signed by such party, his attorney, or agent, setting forth the conditions on which such money is deposited, and the clerk or Master shall give to the party paying a written acknowledgment of such payment; and the Local Court, when the money shall have been deposited in such Court, or a Judge of the Supreme Court, when the money shall have been deposited i11 that Court, may, on the same evidence as would be

required to enforce or avoid such bond, as in the last preceding	section is mentioned, order such sum so deposited to be paid out to
such party or parties, as to him shall seem just.

PART VII.
OF PARTIES TO BCTIONS I N LOCAL COURTS.
Plaint8 may join

certain claims in one

81, A plaintiff may join in one action a claim or debt due to

action.	him in right of his wife, and a claim or debt in his own right: Pro- vided that, in the case of the dcath of either the plaintiff or his wife, such suit so far only as relates to the causes of action (if any) which
do not survive shall abate,
Minors may sue for

wagas.

82. Any minor may sue for recovery of money Cue to him for

wages or piecework, or for work as a servant, in the same manner
as if he were of fill1 age, and may give security on appeal by bond
or deposit notwithstanding his minority. 83, EvW

49' & 50'

VICTORIrE, No. 386.

-- --p

-----------

I;ocal COUT~S

A c t. 1 8 8 6.

- -

..--
83. Every action may bc brought in the names of all the persons

in whom the legal right may be supposed to exist, and judgment	Misjoinder of plain-
may be given in fiver of the plaintiffs by whom the action is brought,	tiffe may be amended.
or of such one or morc of them, as the Court may adjudge to be entitled to recover: Provided that the defendant, though unsuccessful, shall be entitled to his costs occasioned by the joinder of any person or persons in whose favour judgmmt is not given, unless otherwise ordered by the Court.

No other action shall be brought against the defendant by any person so joined as plaintiff in respect of the same cause of' action.'	So second action on
same cause allowed.

84.

85. In case it shall appear on the hearing, that some person or

Non

j oinder of plain-

persons not joined as plaintiffs ought to have been so joined, the	tiffs may be amended.
court may, if it shall sec fit, order such person or persons to be so joined, and the cause shall thereupon proceed as if hc or they had been originally joined in the action, but no person so joined without

h ~ s

consent shall be liable for costs.

86. Where a plaintiff shall have any demand against two or more

liable may be sued.

One of several persona
persons jointly answerable it shall be sufficient if any of such persons be served with process or sued, and judgment may be obtained, and execution issued, against the person or persons so served and sued notwithstanding that others jointly lii~blc may not have been served or sued, or may not be within the iurisdiction of the Court: Pro- vided that, eve1.)- person against d o m judgment shall have been so obtained, and who shall have satisfied such judgment, may recover contribution from any other person jointly liable with him, and pro- vided also that it shall be competent for the plaintiff to proceed
against any other person jointly sued or jointly liable notwith-
standing such judgment.

87.

In case it shall appear, either before OT on the tri a1 of a cause Misjoinder

dents may be

amended.

defen-

in any action on contract, that defendants have been improperly

jo ind, the Court, or the Special Magistrate may, if it or he shall see	fit, and upon such terms as n:ay be thought proper, order that the name
or names of one or more of such defendants be struck out, and the cause shall tl~ereupon p~oceed as if he or they had not been origi- nally joiiml in the action.

88. J h c r e two or more persons shall be sued as joint con- J~ldgmentmag be
tractors, the plaintiff shall be elltitled to a judgment or verdict. ell titled or
as the case may be, against such of the defendants as shall appear
to be liable, dthough 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 the same as a defendant in any ordinary case.
89. A defendant may set-off, or set up, by way of counter-claim, Defendant may pled

against the claims of the plaintiff. any right or claim agninst the chi,d

set-off or counter-

plaintiff,
49' & 50" VICTORIb&, No. 386.
--

Local

Courts

A c t. 1 8 b 6.

'c

-
plaintiff, or against the plaintiff and one or more persons jointly answerable, whether such set-off or counter-claim sound in daniaaea or not, and such set-off or counter-claim shall have the same effect as a claim in n cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the counter-claim. Rut the Court, or befbre trial a. Judge or Special Magistrate, on the application of the plaintiff, or any person joined with the plaintiff in the set-off or counter-claim, may, if of opinion th:bt such set-off or counter-claim cannot be convcnielrtly dig. posed af in the pending action, or ought not to be sllowed, refuse permission to the defendant to avail himself thereof, and make such other order as they or he may think fit.

Reply to sot-off or

90.

any person other than the plaintiff, served with notice of any

counter-claim.	set-off or counter-claim, intends to rely, in reply thereto, upon any matter which would on the part of a defendant constitutc a special defence within the meaning of section $08 of this Act, he shall, two clear days before the day appointed for the hearing of the cause, file, in duplicate, with the clerk of the Court, a clear and concise statement of such special matter in reply.
notice to persona in

Defendant to give

91, Where a defendant by his appearance sets up any set-off or

aounter-claim.	counter-claim, which raises questions between himself and the plaintiff along with any other person or persong, he shall in such appearance set forth the names of all the persons who, if such set- off or counter-claim were to be enforced by cross action, would be defendants in suck cross action, and shall state the particulars of such set-off or counter-claim, as in cases where a set-off or counter- claim raises questions between the plaintiff and defendant only.
A copy of the appearance for service on every such person shall be
filed with the clerk of the Court, and thereupon every such person shall be deemed a party to the action.
Defendant's right of	92, A defendant may avail himself of any set-off, counter-claim, or other defence, to which he would have been entitled if some per- sons had not been improperly joined as plaintiffs, or if all the persons answerable were made defendants, or if the persons named as defendants had been properly joined,

set-off or counter-

claim preserved.

ment for balance

Court to give judg-

93. When in any action a set-off or counter-claim is established

where set-off or

as a defence against the plaintiff's claim, the Court may, if the

counter-claim.

balance is in favor of the defendant, give judgment for the defen-

daht for such balance.

P~rties

may avail

94. Any party to an action may avail himself of any ground of

them*1ves0f

arieing pending

defence to a claim, or set-off or counter-claim, that has arisen after

action,

action brought. The opposite party or parties however shall, in case such ground of defence be admitted or established, be entitled to such costs as he or they would have been entitled to if such new ground had not arisen, unlesn the Court or a Special Magistrate shall

otherwise order.

95. When
49' & 50' VICTORIE, No. 386. .

95, Whm n solc plaintiff or clcfendant, or on? or morp of several --p

FART vrr.

-.-.

P laintiffs or dcfenclan ts, shall dic before j aclgrnent, the action shall (In death of sole or

not abate, if the cause of action survive to or against the rcpreaen- ykint8a or defen-

one of several

tntives of the deceased person or persons, or to or against the dants, actionnot to

surviving parties respectivel~.

abate.

On death of one of

96. When one or more of several plaintiffs or defendants s l d l

pluntiBs or

die after judgment, proceedings thereon rnay bc taken by the defendants, after

judgment, proceedings

survivor or survivors, or against the survivor or s~~rvivors,

without may be tken agaiaPt

leave of the Court.

survivors.

97. t h e insolvency of the plaintiff, or the execntioil by the ~ f " ~ ~ n ~ ~ ~, " ~, " ~ ~ t

$aintiff of a deed of azsignm~nt

nodcr Division vr. of the Insolvent t o nbnto if trustees

Act, 1860, ancl thc Acts amending the same or any -4ct here- elect to proceed.
after pasced in substitution thercof, in any action in a Local Court which the trastecs might maintain for the benefit of the
creditors, shall not cause the action to abate if the trustees shall elect

within such reasonable time as n 5pecial Magistrate s l d l order, and h	to continue such a d o n, and to vive security for the costs thereof
all further proceedings in the case shall be suspended, and the hearing ElilY be adjourned till such election is made; and in case the trustees do not elect t,o continue the action, and to give such security within the timc limited by the order, the defendant may avail himself of the insolvency or assign~nent where it constitutes a defence to the nction.

PAR% VIII.

PART VIIL

OF THE COMMENCEMXNT OF BCTIONS AND PRO-
CEEDING '10 JUDQ&lENT I N THE LOChL COURTS.

98. Any person intending to bring a11 action shall furnish the Plaintiff to furnish

names of parties and

clerk of the Court with a mcmorar~dum containing the names and p.di,ulars-
places of abode of the parties, and a clear and concise statement of

are defendants.

the particulars of his claim, with as many copies thereof as there

99. Any two or more persons claiming or being liable as be

Par tnersmsaueana

sued in the name of

CO-partners,

or any pprson carrying on busirwss in the name of a fir,.

firm apparently consisting of niore than one pmon, may sue and be
sued in the name of their respective firms, and any party to an action
may in such case applv, by summons to a Special Magistrate, for a
statement of the names of the persons who are CO-partners in any

""h	firm, to be furnished in such manner and verified on oath or

~thmwise

as the Special Magistrate may direct.

100. The clerk shall thereupon enter in a book to be kept for that by plaint.
Purpose, called a Plaint Book, a plaint, stating the riames and places
of abode of the parties, or their respective attorneys or agents, and
the amount of the plaintiff's demand, and the sum paid by him for
fees; and every plaint shall be numbered progressively in each year,

D-386.

according

4 9 O & 50'

VICTORIE, No. 386.

Local

Courts

A c t. 1 8 8 6.

-
according to the order in which it is entered; and a note of such plaint shall be furnished to the plaintiff, in the form, and containing- the particulars and directions contained in Schedule B hcreto.

Summons to issue to

101, The Clerk shall forthwith issue a summons, bearing the

defendant

number of the plaint on the margin thereof, to each defendant, either in the form in the Schedule C hereto, and hereinafter called "Ordinary Summons," or, at the instance of the plaintiff, in the form in Schedule D hereto, and hercintlftcr called " Special Sum. mons," if he shall consider such summons to be applicablc to the claim of the plaintiff, 2nd he shall append to each summons a copy of the plaintiff's claim.

When apeoial eum-

102. In all cases where the claim is for a debt, or liquidated de-

mons may issue.

mand in moncy, with or without interest, as, for instance, upon a bill of exchange, promissory note, cheque, or for work and labor donc, or goods sold and delivered, or for money lent, money paid, rent, money due on an account stated in writing, or on a bond or contract under seal for payment of a liquidated amount of money, or on any Act, Ordinance, or Statute, where the sum sought to be recovered is a fixed sum of money, or in the nature of a debt, or on a guarautee, whether undcr seal or not, where the claim against the principal is in respect of a debt or liquirlated demand, thc plaintiff may, at his option, require the clerk to issue a special summons,

Summonsesma~

be 103.

served by plaintiff or

'It shall not be necessary for a bailiff of the Court to serve any person appointed or employed by him for the purpose; and the plaintiff or the person so appointed or employed shall, forthwith after service of any summons, indorse on the duplicate summons the day of the month and year of such service, and shall, as soor1 as prac- ticable after the service, swear an affidavit of such service, arid file the said duplicate summons together with the affidavit of service of such summons with the clerk of the Court whence such sumrnons

by person employed

any summons, but the same may he served by the plaintiff or by

by him.

shall have issued.

Summons may be

served out of the

104. Where the cause of

action shall have arisen within the

ptovin CC.

province of South Australia, but the defendaut shall be without the provincc, the plaintiff, with the permission of the Special Magistrate of such Court, may issue a summons out of the Local Court nearest to which the cause of action arose, and the Special Magistrate grant* ing such permission shall limit the time within which the defendallt shall appear to such summons.

s e h c e of summons.

105. A summons shall be served personally, or, in the case of an

ordinary summons, by dclivcring the same at the dwelling-house or place of business of the defendant, with some person there of the apparent age of fourteen years, or in specid1 cases, in such other manner as shall be specified in the Rules of Practice: provided that no place of business shall be deemed the place of business of the defendant, unless he shall be the master or one of the masters

thereof.

106. The

49' & 50° VICTORIAZ, No. 386.

Local

Courts

A c t. 1 8 8 6,

P-

4

106.

The service of any notice required for the trial in any action

PART VIII.

a I.,ocal Court may be proved by affidavit, and such affidavit shall ma,;t of senice
be received in evidence on the trial of any action in a Local &hce.
Court. Any interlocutory summons, or any notice or subpoena to
&her party to a cause, may be served by sending the same through the post office in a prepaid letter addressed to the place of abode

If
You may have a summons to compel the attendance of any witness, and the production of any books or documents, by applying at the office of the clerk of the Court.

[Office hours from

Special Summons.

SOUTH AUSTBALIA.

(L&)

No*

Between

plaintiff, of

and

defendant.

You are hereby warned that, unless you, or some peroons cognizant of the facts of the case, shall make an affidavit that you have a ~ o o d defence in this action, stating some good ground of such defence, you will not be permitted to appear and defend the action; and judgment may, in days from the service hereof, be aigned against you, and execution may issue thereon forthwith.

Dated this

day of

, 18

Clerk of the Court,

To the above-named defendant,

Debt or claim.. ....................................
Costs of sumtnons and service.. ......................
Attorney's fee ......................................
Receiving and paying into and out of Court. ...........

Total amount of plaintiffs claim

...............

[N.B.-See

notice on back of this summons.]

[To be indorsed on summons.]

NQTICE.-I~

you admit a part of the ~laintiff'a claim, you should, at the time of

entering your appearance, pay into Court the amount so admitted, together with costs Proportionate to the amount you pay in, or deliver to the Clerk of the Court a con-
fession of such amount, signed by any attorney, or by you in the preaence of a Justice
of the Peace, Commissioner for taking affidavits in the Supreme Court, Notary
Public, or a Clerk of the Local Court, whereby you will save further expenses, unless execution be issued, or the plaintiff at the hearing shall prove a claim against You exceeding the sum so admitted.
If you and the plaintiff can agree as to the amount due, and the mode of payment,
and will, before the cause is called on for trial, sign a memorandum of such agree-
ment before a clerk of a Local Court, or an attorney, you will save all costs beyond

already incurred, unless execution be issued.

49' & 50' VICTORIE, No. 386.

Local Courts Act.--1886.
If you intend to dispute the character in which the plaintiff claims, or to rely dpon any special defence-such as an equitable defence, tender before action, paympnt, release, illegality not apparent on the particulars, fraud, infancy, coverture, statute of limitation, insolvency-whether of tho plaintiff or defendant-or drawing, indorsing, or accepting bills or notes by accommodation, want of notice of dishonor, want of notice of accion, set-off, or counter-claim, mutualcredit, lien, unseaworthiness, misre~re. sentation, concealment, and other like defences, you shall, at the time of giving notice of appearance, file in duplicate a memorandum containing a clear and concise state. ment of the grounds of your defence. If you intend to rely upon a set-off, you shall also file particulars of your set-off'in duplicate; and if you rely upon a tender before action, you must, at the time of entering your appearance, pay into Court the amount tendered.
You may have a summons to compel the attendance of any witness, and the pro-
duction of any books or document, by applying at thc office of the clerk of the Court.

[Office hours from

-1

Sourxr AUSTRALIA.

I n the Local Court of

NO.

Between

plaintiff

and

defendant.

Whereas, at a Court held at

the

day of

the above-named plaintiff obtained judgment against you for the payment of
for the debt and costs in this action, which said judgment still remains

unsatisfied:

You are therefore hercby summoned to appear a t the Court to be

holden at on the day of at the hour of in the forenoon, to be then and there examined by the said Court, touching your estate and effects, and the manner and circumstances under which you contracted the said debt, which was the subject of the said action, in which the said judgment was obtained against you; and as to the means of expectation you then had, and as to the property and means you still h a ~ e, of discharging the said debt;

and as to the disposal you have made of any property:	And take notice that, if you
disobey this summons, the Court may commit you to gaol.

Giwn under my hand this

day of

To Mr.

the above-named defendant.

Clerk of the Court.

Amount of judgment

..............................

Amount of costs .................................
Costs of this summons ..............................
Receiving and paying into and out of Court ............

Total ....................................

PROOF OF

SERVICE.

bailiff of the Local Court of

maketh oath and saith tha

he did on the

day of

duly serve the above-named

with the above summons, by delivering a copy to

personally, at

Sworn bcforc me, at

the

day of

FORM

W a r r ~ n t

of r)bmm;tment under UnsatisJied

Judgnzent Summons.

SOUTH

AUST~ALIA.

In the Local Court of

No.

Between

plain tiff, and

defendant.

and Bailiffs of the said Court, and all Constables and Peace

Officers, and to the Keeper of

the Gaol at

Whereas the

obtained a judgment (or order) against the

in the Local Court of

holden at

on the

day of

188

No.

Local

Courts

A c t. l S S 6.

188 ,

for the sum of judgment / o r order) and the trubsequent process issued thereon the sum of

for his debt and

for costs, upon

;E	was at the (late of issuing the summons hereinafter mentioned, and still
is due:

And whereas a summoiis was. at the instance of the

dulv issued ont

of this Court, by which the

was required to appear at this Court to

answer such cpestions as might be put to him purduant to section of this Act, which summons was proved to this Court to have been personally and duly served
on the
And whereas this Court, at the hearing of the said summons, ordered that the

should be committed to prison for

days, or until he be

sooner discharged in due course of law Las the case may bej, for not attending pursuant
to such summons or alleging a suffcient excuse for not so attending" for for refusing to be sworn; or for refusing to disclose any of the things aforesaid; or for refusing to anewer touching the same to the satisfaction of the Court; or for haling con- tracted the debt or liability under false pretences, or by means of fraud, or by breach of trust, or without having had at the time a reasonable expectation of being abie to pay or discharge the same; or for having made or caused to be made any gift, delivery, or transfer of property, or charged, removed, or concealed the same with intent to defraud his creditors; or for having neglecteg to pay the debt or damages or costs recovered against him, either altogether or by any instalment or instalments ordered by the Court in which the judgment was obtained having had since judgment was obtained against him sufficient means or ability to do so; or for ha~ing neglected to pay the judgment, or damages, or costs, altogether or bf instal- ments or otherwise, as shall have been ordered by the Court):

These are therefore to requirc you, the said

and others, to take the

said

, and deliver him to the keeper of the

: And you, the

said keeper, are hereby required to receive the said

, and him safely to

keep in the, for the term of days from the arreut under this warrant, unless the amount hereunder written be sooner paid, or until he shall be discharged in due course of the law, for which this shall be your sufficient warrant.

By order of the Court, this

day of

(L.s.)

Clerk of the Court.

6 S.	d.
--

Judgment or order and costs

..................... ..

Costs of execution (if any) ..........................
Amount due ................................
Cost of unaatisficd judgment summons and hearing. .. .. .

Costs of this warrant

..............................

Paid on account..

...........................

Total sum

.............................. £

On payment of which the prisoner will be discharged.

FORM

JYnrrant of

Commitment (in the npture of a

writ of Capias ad sati@ciendumj.

In the Local Court of

No.

Between

plaintiff, and

defendant.

To the Ba i l2 and assistant Bailiff of the Local

Court of

and to all

Constables and Peace Officers of the Province of South Australia, and to the
Keeper of the Gaol at

Whereas on the

day of

the

obtained judgment

against the

for the sum of

for debt /or damages), and

the sum of

for costs:

And whereas on the

day

of	a warrant of execution was issued under the seal of the said Local

Court commanding the bailiff of

such Court to make and levy by distress and sale of

the goods and chattels of

the

the amounts due for judgment and coats as

aloresaid, together with the costs of the said execution:

And whereas it appears by

the

K-aac.
No.

- F

Local Courts Act.--1 886.
the return to the said warrant of execution under the hand of the said bailiff, that
the hath no goods and chattels f o r that the said bailiff has made of the

p o d s and chattels of

the

the sum of

and that

the said

hath no other goods and chattels whereof the said sum, directed

by the said warrant of execution to be levied, can be made)-

These are therefore to command you, the said bailiff and your assistants, to take the said

and deliver him to the keeper of the gaol at

; and

you, the said keeper. are hereby required to receive the said

and him safely

to keep in the said gaol until the several sums due to the

for judgment and

costa, are paid; or until the said

shall be otherwise discharged by due

course of law, and for so doing this shall be your sufficient warrant.

Oiven under the seal cif the Court, this

day c f

, 1 8

By the Court,
Clerk of the Court.
S s d.

Amount of judgment and costs still unpaid

............

Costs of execution ................................

Costa of thie warrant

..............................

F--

Total sum payable under this warrant

........

Wuwanl of .Execution. ,for the Sale of Lmd.

I n the Local Court of

No.

Between

plaintiff, and

defendant.

Whereas on thc

day of

the

obtained j ndgment

against the

in the Local Court of

for the sum of

for debt f o r damages), and the sum of

for costs:

And whereas on the

day of

a warrant of execution was issued

under the ~ e a l

of the said Local Court, commanding the bailiff of such Court to

make and levy by distress and sale of the goods and chattels of the, the amounts due for judgment and costs, as aforesaid, together with the coats of the said execution: And whereas it appears by the return to the said warrant of execution

under the hand of

the said bailiff, that the

hath no goode and chattels; (or

that the said bailiff has made of the goods and chattels of the

the sum of

, and that the said

hath no other goods and chattels whereof

the said sum, directed by the said warrant of execution to be levied, can be made), but it bath been suggested that the said hath certain lands by sale whereof the aid sum, or a portion thereof, can be made: Now, therefore, these are to

command you to make sale and dispose of so much of all such lands as the	said, or any person in trust for him, is seized or possessed of at the
time of the delivery to you of the said recited warrant of execution, or at any time thereafter, or over which the said then, or at any time after- wards had, or has, any disposing power which the said might, without the consent of any person, exercise for his own benefit, as may be required to produce the amount /or residue of the amount) as by the said aforesaid warrant of execution is directed to be levied, and to pay the amount so levied to the Clerk of
this Court, and make return of what you have done under this warrant immediate17
upon the execution thereof,

Given under the seal of

the Court, this

day of

By the Court,

(L.s.)

Clerk of the Court.

Amount of judgment and costs still unsatisfied

........

Coats of this warrant of execution.. ............,.....
--

Amount to be levied. .......................

VICTORIE, No.
Local Courts Act,- 1886.
Wnrrastl of' Comma'lment for Contempt of Court.

I n the Local Court of

No.

To	, Bailiff of the Court, and to all Constables and Peace Officers oi

the Province of South Australia, and to the Keeper of the Gaol at

Whercas at a Local Court of

jurisdiction, duly holden on this

day of r did wilfully insult the Court during the sittings thcreof [or as the case may be], and the said Court did thereupon adjudge the said for his said offence, to be imprisoned in the gaol at

for the space of

days /or to forfeit and pay the sum of

*ounds, and in default of

payment thereof, to be imprisoned in the gaol at

for the space of days, and whereas the said sum has not been paid): These :ire to command you, the said bailiff, and you, the said constables and peace officers, to take the said and him safely convey to the goal aforesaid,

and there deliver him to the keeper thereof, together with this precept:

And you,

the said keeper, zre hereby commanded to receive the said

into

your custody in the said gaol, and there to imprison him for the space of
days from the arrest under thi8 warrant for unless the saiu sum shall be sooner paid)
and for so doing this shall be your sufficient warrant.

Given under my hand and the seal of the Court, this

day of

Clerk of the Court,
(Seal of Court.)

N.B.-The

bailiff or constable executing this warrant must indorse thereon the

date and hour of arrest.
Warrant to Arrest, under Part XIII.

SOUTH

AUSTRALIA.

In the Local Court of

No.

Between

plaintiff, and

defendant.

To	and to all Constables and Peace Officers of the Province

South Australia.

Whereas a plaint hath this day /or on the

day of

) been filed in the

Local Court of by the above-named plaintiff against the above-named defendant, on the particulars of demand hereunto annexed: And whereas oath being now made before me, substantiating the matter of such plaint, and that the defendant

is about to depart from this province: These are, therefore, to command you, in Her Majesty's name, forthwith to arrest the said defendant, and, if the defendant ehall	SO require you, to bring him before one of Her Majesty's Special Magistrates in and
for the said prcvince, to answer to the said plaint, and to be further dealt with according to law; otherwise, you are forthwith to lodge him in the unless he shall give bail or make deposit according to law, there to remain until he shall have paid the debt (or- damages) and costs indor~ed on the warrant, or shall by other lawful means be discharged from custody. You are further ordered that, on execution hereof, you do deliver a copy hereof to the said; and you are further ordered that, immediately after the execution hereof, you do notify,
by indorsement hereon, the time and place when and where you shall have executed
the same.

Given under my hand, this

day of

in the year of our Lord

one thousand eight hundred and	at	in the
province aforesaid.
J.Y.

Debt or claim ................................

,. .. ..

Costs of plaint alld judgment (if obtained).

.............

Costs of this warrant ...............................

lleceiving and paying into and out of Court

............

This warrant must be exec~ted

within one calendar month from its date.

49' & 50" VICTORIJE, No. 386.

Court Fees.

Entering plaint, and issuing ordinary eum-

mons	..................................

Entering plaint and iasuing special summons. . Entering appearance, inclusive of notice of trial
to both parties .........................
Hearing fee at trial of cause, including consent

to judgment on trial.

.....................

Signing judgment in default of appearance or

judgment by consent before trial

..........

Striking, reducing, and summoning special jury

Taxing co~ts

............................

Order of every description

..................

Writ er warrant of execution

................

Warrant of every description (except execution)

Subpoena (any number of witnessesj

..........

Swearing affidavits, or making declaration

....

Bonds of every de~cription

..................

Interpleader summons to execution creditor and

claimant

................................

Unsatisfied judgment summons

..............

Any interlocutory summons.

.................

Receiving and paying fee, if amount paid into
court ..................................
--
Other Cvowt Fees.

Summons for the recovery of small tenements or for the mn-payment of rcnt, under

s. d.

PartXI.

..............................................................

0 5 0

S U ~ ~ O ~ A

in ejectment, under Part XII. ........................................ 0 5 0

Hearing fee on trial of cause, Part XL .......................................... 0 5 0

Hearing fee on trial of

cause, Part XII.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Entering judgment in ejectment, Part XII. ..................................... 0 10 0

Hearing fee in any appeal ...................................................... 0 10

I

Bailtrs Fees.

-----m

---
Lrndm

'S10 and

E20 and 1

$50

I
810. ( under S20. under $50. and over.
l
s. d.

Service of ordinary summons or interpleader summons ....	2	0
Service of special summons and unsatisfied judgment sum-

mons ..........................................

3 0

Bervice of every other summons, order, or notice..

........

Service of subpcena each witness, .......................

1 6

so~r ice

of warrant of execution ........................

1 6

Other Bailif's Fees.

f: r. d.

-
Mileage for service of any process, Is. per mile beyond the first mile.. ................
Executing any warrant of imprisonment ......................................... 0 5 0
Executing any warrant to arrest absconding debtor, Its., and 1s. per mile, unless officer 0 10 0
travels by railway or water, then the actual charge; and 10s. per day for expenses

if engaged more than one day in the execution of such warrant.. ..............

Serving any summons for the rccovery of a tenement or for non-payment of rent, under
PartXI. ............................................................ 0 6 O

Ssrving m y summons in ejectment, under Part XIX.

..........................,... 0

%eeuting any warrant to give possession, under Parts XI. or XII.

..................

Levying any distress under sec. 178 of this Act. ................................... 0

Poaaession of goods on the premises under execution-per

day.. ......................

0 7 O

Cartage on removal of goods, stomge of same, if any, oosts of feeding horser or cattle

seized-the

amount aotually paid ......,...................................

If goods sold, five pounds per centum on the amount realised, to include all charges of the
auctioneer ..............................................................

I n case where any bailiff shall remain in possession under more than one warrant of

-.-. K.

execution, one possession fee only shall be chargeable ....

:. ..................

49' & 50' VICTORIE, No. 386.
Local Courts Act.-- 1886.
Praetitaoners' Fees.

---

S s. d. d ~.

d. , € ~.

d. S &

d. S n. d. 2 8.

d. 6 s. d.

taking instnlctions, letter before action,

O O

jgIllling ~ummons and	entering aype:tr;mce}
(;etting up case for tr1~1,	preparing surnnlons)

for witnesses, notice to admit and pr~~duce.	i
and also tor lnterlocatory proceedings, un- 1	I
less a Special Magistrate shall order the )

0 1 0 0

1 0 0

2 0 0

3 0 0 3 0 0

4 0 0

p p e n t of the costs of such interlocutory

pceedings, and then such sum as the I

Magistrate shall

order ..............................

r t t r n d i n g t d

.................................... '

0 1 0 0

I 0

1 0 0 2 11 O I i 0 0 1 3 0 0 3 0 0

counuel's fee

...................... ..

..................

0 1 5 5

r 1 j 7 7

0, 1 0 1 0 0

Attendingfl'r~n~atiSfied

judgn~ent

sumnu~ns,}

and appearing a t hearinq

.......................

sotice by claimant to hailiff with particulars

to be Alrd under Part X (other charges,	IJ i R 0 111 D 1 O 0 1 0 0 1 0 0 1 0 0
same as in ordin:iry action) .....................

In~truction~

for, and amdavit under, Ptrrt

SIII.

(if t r ~ e d

before M\ldgistrtrtr), other

0 7 6 0

10 0 -

.-.

rhnr~eu,

salne as in Ordinary netion

.........

Tsking inutructions for ncw trial, drawing (

0 1 0 0 l 0 0 2 0 0

notlee thrreof

ancl ~ ~ f i d a v i t s

in support

......

Attendingmakingapplication ..................... 0 10 0 1 0 o 1 0 o 2 0 0

Replevin bond (other charges are the same as

in ordinary action) ..................

......

--.--p-

I-.

/ E s.

6 s. rl.S 3. rl.lE s. d.

numnronv under Part XI.

................................................................

/ U 10 0

O 10 0 1 0 0

l.%%

--.-

0 1 0 0 1 1 o

0 1 1

Attending hearing, and drawing up order ............................. ..

...........

Attending for and drawing up warrant ...............................................	1 0	5	D	0 5 0 1 O G 8	0	l 0 0
I

..........

-- --

-p-.

For ~ervice

of all documents the sam? as allowed to bailiff.

Xo charge to be allowed where action is for less

thnn Fire Pounds, exreps I'ur sc.rrices.

l 'hc nhore charges are to be ascertained bv theamount recovered if judgment

is given for eith-r partv for n anm of money, **therwiae

bv the highest amount c~a iked,

except under Part XII. , when

the rent il; to bp calculated at per annum althout reference to whether the premise8 are let by the yePr or not.

For p roc~eedh~s

in ejectment, fees will be on the @ame

scnle as a c ~ i o w

U ~ J

t,u S100, wherc thr vnlac of the lnnil

~ o u ~ h t tn he recorered does not exceed SlW, and, in caves vr here the value of t11o lmrl rxrrcdfi 6190, the fees will he re~lihted by the above Schedule, accn~dinp:

to such scele. In gxrni~hee

cwra t h e fees in Schedules 11, I, and K

lnny be estimated as if the judgment orctlitou u - r ~ x

plaintiff and thc order t~ summons.

Be it remembered that, on this

day cf

in the year

one thousand eight hundred and

is convicted before

of	, under '* 'l'hc Local Courts Act, 1886," of having [slate the

ofef~ce] ; i ~ n d

the said

doth adjndge t,he sad

to forfeit and pay

for the mme the sum of

, or to be committed to the

gaol a t

for the space of

in default

(L.s.)

By the Court,

Clerk of Court.

Summons in Ejectment.

(L&)

In the Local Court of

No.

Between

plaii~tiff,

and

defendant,

YOU are hereby summoned to appear to the plaintiff's claim, within twelve days
after the service of this on you, for that the plaintiff on the

day of

became, axd was, and is still entitled to the passeesion

of
49" & 50" VICTORIAZ, No. 386.
-

+	Local Courts Act.*--1886.

p-
-

of Lherc give a descr@lio~

of the property]* which you withhold from hinn-

[If lhephzinli$aeeks to recover meane projts, add] and the plaintiff also seeks to recover compensation in damages for the loss of the rnesne profits of the said premises while the possession thereof was withheld from the said plaintiff, to the amount of ;E

Dated this

day of

, l 8

Clerk of Court.
To the above-named defendant, and all other persons concerned.

[N.B.-See

notice on the back of this summons.]

LIn case of ejPctrnent for non-paym~nt

of rent, copy last form to the asleriak*]

wh~ch you hold as tenant to the plaintiff under a lease at the [yearly] rent of €, and that the mm of d2 being for one yetir

and upwards of such rent, due and ending on the	day of	,	i~
due to the plaintiff.

[To be indorsed on summons. J
If you do not appear, judgment may be signed against you, and you turned out of
possession.
If you are only a lessee or tenant of any one but the plaintiff, you must give immediate notice of this to your landlord.
You may defend for a part of the premises only, and if you admit the plaintiff's right to possession, you may save further expense by signing a confession of the action before the clerk of the Court.

Deft.nce in Ejeciment.

A. B., plaintiff, and C. D., defendant.
The defendant appears and defends the action [$.for n part only, describe the part

for wi~ich

you dgend with rerusonable certuintyl.

Defence in Ejectmentfor non-payment of R e d.
A. B., plaintiff, and C. D., defendant.
The defendant appeam and says thiit [here state the grounds of dgence].

Judgment Order in Bjectment.

SOUTH

AUSTRALIA.

In the Local Court of

No.

Between

plaintiff, and

defendant.

Whereas,

, on the

day of

in the year of our Lord one thousand eight hundred and

the above-named plaintiff, by the judgment of the said Court in a certain suit,
wherein the said Court had jurisdiction, recovered possession of [here s tde

descr+tion o f the property]%: Now, the Court doth order that the	have
judgment and execution to recover possession of the said land and premises.

By order of tha Court, this

day of

(LA)	Clerk of the Court,

49' & 50' VICTORIE, No. 386.

Local

Courts

A c t. 1 8 8 6.

Warrant of Possessiolz.

No.	In the Local Court of

Between

plaintiff, and

defendant.

To	and Bailiffs of the said Court, and all Constables and Peace

Officers [copy no m last form in the oafensk /*) andpvoceed] :

These are, therefore,

to require you the said and others to deliver peaceable and quiet psession of the said land and premises to the said plaintiff, and eject all other persons therefrom, and for which this shall be a sufficient warrant.

My order of the Court, this

day of

, 18

(L.s.)

Clerk of Court.

680 and

Up to SSO.

Upwards.

2 8. d.

S. d.

Instructions for order or comnlission .................... O 6 8	O 6 8
Drawing and engrossing affidavit ...................... 0 6 8	0 13 4
Application for order or commission .................... 0 10 O	1 0 O

Obtaining appointment from Commissioner for examination.. 0

Copies of order or commission.. ........................	6d. per folio
Drawing notice to serve on witnesses ....................	1s. per folio
Copying ............................................	6d. per folio

the same as service

Service of copy order or commission with notice

.. .. .. .. ..

of subpaena

Attending examination, per ~1ii.y ........................ 1 1 0

2 2 0

Fee to clerk of Court or other Commissioner, per day

.. .. ..

1 1 0

Journeys to place of examination, each may ..............

6d. per mile

Attending for office copy of depositions..	.. .. .. .. .. .. .. ..	0 3 4	0 3 4
R

I n the Local Court of

No.

Between

plaintiff, and

defendant.

It is agreed that the decision of the matters in dispute in this cause shall be left to

the decision of

[the Justices p r e s e ~ t ].

Dated
A. B., plaintiff (or attorney for plaintiff),
C. D., defendaut, (or attorney for defendant).
NOTE.--This consent is to be filed with the particulars of dramand and 3ppearance
S

FORM

Juror's Oath.
You and each of you shall well and truly try the issues, and assess the damages,
in all causes that may be brought before you or any of you for trial or inquiry, and a
verdict give according to the evidence, so help you God.
VICTORIE, No.
1_C
Local Courts Act.--1886.

J w o r ' ~ l

A firmation.

"I., A. B. [name ofjuror], do solemnly, sincerely, and truly affirm and declare that
the taking of any oath is, according to my religious belief, unlawful. and I do also solemnly, sincerely, and truly affirm and declare that I will well and truly try the issues, and assess the damages in all causes that may be brought before me for trial or inquiry, and a true verdict give according to the evidence."
Juror's Promise and Declaration.
I solemnly promise and declare that I will well and truly try the issues, and assess the damages in all causes that may be brought before me for trial or inquiry,
and a true verdict give according to the evidence."

In a ~ o c d

Court.

Expenssa ota View.

8, d.

For travelling expenses and refreshments to the bailiff, showers and

jurors, the expenses actually paid, if reasonable. .. .. .. .. .. .. .. .

Fee to the bailiff whcn the distance does not exceed five miles

..... .. .

0 i 0

Exceeding

five miles

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Itor every day, if necessary, after the first ........................

0 13 0

Fee to each shower the same as to bailiff ........................

Fee to each juror, per die~n ....................................

0 10

To bailiff for fiurnmoning each juror within five miles

.. .. .. .. .. .. ..

Mileage for every mile beyond five ..............................

1 0

U
[Indorse on order.;
The answer to the within order appears in the annexure hereto.
Clerk of the Local Court holden at

In the Local Court holden at

in the Province of South ~ustralia,

clerk of the Local Court holden a t in the said province, and the person having the lawful custody of all books, records, process, and other proceed- ings, and of the seal of the said Court, by virtue of and in obedience to the order of our Sovereign Lady the Queen, to me delivered, and to which this is annexed* do, under the seal of the said Local Court, return unto the Supreme Court of this province a true copy of the record of the judgment whereof mention is made in the said order. In witness whereof I the said as such clerk as aforesaid, have hereunto set my name and the seal of the said Local Court this

day of

A.D. 18

Clerk of the Local Court holden at

Copy Record of

Judgment.

[Here copy Record Book.]
I certify the above to be a true extract from the Record Book of the above-
named Local Court.

Clerk of

the court, v

No.
7
Local Courts Act-1886.
In the Supreme Court.

On the

day of

A.D. 18

[day of issuiug order.]

Judgment signed

Be it remembered that on the day and year aforesaid an order of this Court (or the

day

of a Judge of this Court) directed the clerk of the Local Court holden at

in the said province, to send to this Court a judgment

Judgment debt

numbered

and signed in the mid Local Court, wherein C08k0fmmova1 *

[descri6e the parties as in the order] with all things touching the same as fully and entirely as it remained in the said Local Court: And whereas the clerk of the said Local Court, in obedience to the said order, and by virtue of the Act in such case made and provided, has returned unto this Court a true copy of the record of the said judgment, whereby it appears to the Court here that the said [the party in whose favor judgment was given] did, in the said Local Court, on the day of A.D. 18, recover judgment against the said itheparty against whom thejudgment was obtained] for the sum of
including costs of suit, and that the said judgment is still unsatisfied and in full force: Therefore it is considered that the said judgment of the said Local Court be entered as n judgment of this Court as of this day of [day of signing

judgment], and that the said

do recover against the said

the sum of

together with the sum of

for his costs of

removing the said judgment.

--- -

Adelaide : By authority, E, SPILLBP,

Government Printer, North-tsrraoe.

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