(8.) Whenever the amount recovered in any suit in the Supreme Court might, under this section, with the consent of a law officer, have been recovered in a Local Court, the following provisions shall apply: (a) If in a suit founded on contract the petitioner recovers a sum less than twenty pounds, he shall not be entitled to any costs of the suit; and if he recovers a sum of twenty pounds or upwards, but not exceeding fifty pounds, he shall not be entitled to any more costs than he would have been entitled to if the suit had been prosecuted in a Local Court; and (b) If in a suit founded on tort the petitioner recovers a sum less than ten pounds, he shall not be entitled to any costs of the suit; and if he recovers a sum of ten pounds or upwards, but not exceeding twenty pounds, he shall not be entitled to any more costs than he would have been entitled to if the suit had been prosecuted in a Local Court unless- (i) he shall prove that he applied to a law officer for his consent to the hearing and determination in a Local Court (being the Local Court at Perth, or a proper court within the meaning of the Local Courts Act, 1904), of the claim or demand, and that the law officer, though he had power to give such consent hereunder, refused it; or (ii) a judge of the Supreme Court certifies that there was sufficient reason for bringing the suit in that court. (9.) When any suit commenced in the Supreme Court under this Part of this Act is such that it might, if instituted against a subject, have been brought in a Local Court without the defendant's consent, or if the claim in the suit, though it originally exceeded one hundred pounds has been reduced by payment into Court, an admitted set-off or otherwise to a sum not exceeding one hundred pounds, then application may be made on behalf of the Crown to a Judge in Chambers for an order remitting the suit to a Local Court, and the Judge may in his discretion make an order accordingly, and thereupon (10.) Section eighty-eight of the Local Courts Act, HEALTH ACT AMENDMENT. 10° GEO. V., No. III. No. 15 of 1919. AN ACT to continue the operation of Section forty-one of the Health Act Amendment Act, 1918, and to amend Section One hundred and eighty-eight of the Health Act, 1911, and to provide for the reprinting of the Health Act, 1911, and its Amendments. [Assented to 30th September, 1919.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Health Act Amendment Short title. Act, 1919. temporarily of Sec. 41 of Act No. 17 of 1918. 2. The amendments to the Health Act, 1911-15, made by Continuance section forty-one of the Health Act Amendment Act, 1918, shall continue in force until the thirty-first day of December, 1920, and no longer, after which date section 242j of the Health Act, 1911-15, as originally enacted, shall again come into operation. Amendment of Reprinting of Health Act, 1911, and its amendments. 3. Section one hundred and eighty-eight of the Health Act, 1911, is hereby amended by the substitution of the word "use" for the word "effects," in the ninth line of the fourth subsection thereof. 4. All copies of the Health Act, 1911, hereafter at any time printed by the Government Printer shall be printed, under the supervision of the Clerk of Parliaments, as amended by any amending statutes at that time in force, and all necessary references to such statutes shall be made in the margin. In any such reprint the parts, divisions, and sections may be renumbered so as to run in arithmetical order, and all cross references shall be adjusted so far as necessary. In the first reprint after the commencement of this Act, the short title shall be the Health Act, 1911-1919. In subsequent reprints the number of the year in which the latest amending statute was enacted shall be substituted for "1919." MENTAL TREATMENT ACT AMENDMENT. 10° GEO. V., No. IV. No. 16 of 1919. AN ACT to amend the Mental Treatment Act, 1917. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Mental Treatment Act Short title. Amendment Act, 1919. 2. The Mental Treatment Act, 1917, is hereby amended Addition of new by the addition of a section, as follows: section to principal Act. and manage. 3. (1.) Every person received into a hospital, recep- Administration tion house, or licensed house, or received to board or ment of estates. ledge or taken charge or care of pursuant to this Act shall (so long as he continues an inmate of such hospital or house or to be so boarded, lodged, or taken charge or care of) be deemed to be an incapable person within the meaning of the Lunacy Act, 1903, and the provisions of that Act shall apply to and in respect of him and his estate accordingly. (2.) The master may, subject to any order or direc- (a) undertake the general care, protection, and man- (c) exercise the powers of a committee of the estate Short title. Anzac Day to be a public holiday. Amendment of Schedule to No. 17 of 1919. AN ACT to provide for the observance of Anzac Day as a Public Holiday. BE [Assented to 28th October, 1919.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Anzac Day Act, 1919. 2. The twenty-fifth day of April (Anzac Day) in every year is hereby appointed and declared a public holiday throughout the State. 3. The words "the twenty-fifth day of April (Anzac Day)" are hereby inserted in the Schedule to the Bank of 1904, No. 41. Holidays Act, 1884, and in paragraph (a) of section sixty 48 Vic., No. 9, and Section 64 four of the Public Service Act, 1904. |