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3-175 (Original)

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addressee author,male,Legislative Act,un
Legal Document
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Government English
Legal English
Bennett, 1979
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An Ordinance to improve the administration of the law so far as respects summary proceedings before Justices of the Peace.
Whereas it is expedient that provisions should be made for obtaining the opinion of the Commissioner of the Civil Court on questions of law which arise in the exercise of summary jurisdiction by Justices of the Peace: Be it therefore enacted by His Excellency the Governor of Western Australia and its dependencies, by and with the advice and consent of the Legislative Council thereof: - 
1. That after the hearing and determination by a Justice or Justices of the Peace of any information or complaint which he or they have power to determine in a summary way or by summary remedy by any law or Ordinance now in force or hereafter to be made, either party to the proceeding before the said Justice or Justices, such party not being a person serving under a sentence for any criminal offence whether such sentence be partially remitted or not, may if dissatisfied with the determination as being erroneous in point of law apply in writing within three weeks after the same to the said Justice or Justices requiring him or them to state and sign a case setting forth the facts and grounds of such determination for the opinion thereon of the Commissioner of the Civil Court, and such party hereinafter called the appellant shall within three days after receiving such case transmit the same to such court through the Registrar Clerk thereof, first giving notice in writing of such appeal with a copy of the case so stated and signed to the other party to the proceeding in which the determination was given and hereinafter called the respondent.
2. That the appellant at the time of making such application and before a case shall be stated and delivered to him by the Justice or Justices shall in every instance enter into a recognizance before such Justice or Justices or any one or more of them or any other Justice exercising the like jurisdiction with or without surety or sureties and in such sum as to the Justice or Justices shall seem meet, conditioned to prosecute without delay such appeal and to submit to the judgment of the said Commissioner of the Civil Court and pay such costs as may be awarded by him. [217]
3. That if the Justice or Justices be of opinion that the application is merely frivolous, but not otherwise, he or they may refuse to state a case, and shall on the request of the appellant sign and deliver to him a certificate of such refusal: Provided that the Justice or Justices shall not refuse to state a case where application for that purpose shall be made to them by or under the direction of the Advocate-General of the colony.
4. That where the Justice or Justices shall refuse to state a case as aforesaid, it shall be lawful for the appellant to apply to the said Commissioner of the Civil Court upon an affidavit of the facts for a rule calling upon such Justice or Justices and also upon the respondent to show cause why such case should not be stated, and the said Commissioner may make the same absolute or discharge it with or without payment of costs as to the Commissioner shall seem meet, and the Justice or Justices upon being served with such rule absolute shall state a case accordingly upon the appellant entering into such recognizance as is hereinbefore provided.
5. That the Commissioner of the Civil Court shall hear and determine the question or questions of law arising on any and every case submitted under this Ordinance and shall thereupon reverse, affirm or amend the determination in respect of which the case has been stated or remit the matter to the Justice or Justices with the decision of the said Commissioner thereon, or may make such other order in relation to the matter, and may make such orders as to costs as to the said Commissioner may seem fit:
and all such orders shall be final and conclusive on all parties: Provided always that no Justice or Justices of the Peace who shall state and deliver a case in pursuance of this Ordinance shall be liable to any costs in respect or by reason of such appeal against his or their determination.
6. That the said Commissioner of the Civil Court shall have power if he thinks fit to cause the case to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been so amended.
7. That the authority and jurisdiction hereby vested in the Commissioner of the Civil Court for the opinion of whom a case is stated under this Ordinance shall and may (subject to any rules and orders of such Commissioner in relation thereto) be exercised in chambers. .