Justices Act.-1921. (4) Every oath so taken before a commissioner shall be subscribed by the person taking the same in the presence of, and attested by, the commissioner, and forthwith transmitted to the Master of the said Court, to be kept with the roll of Justices. Special Magistrates. PART II. 11. It shall be lawful for His Majesty, or for the Governor in the Appointment of Special Magistrates. name and on behalf of His Majesty, from time to time, by commission 5 of 1850, s. 3. under the Public Seal of the State, to nominate and appoint, during 6 of 1865. His Majesty's pleasure, such and so many Justices as may be deemed fit and proper to be Special Magistrates, with or without salary. Special Magistrates 12. Every commission now or hereafter to be issued by which Commission of any Justice is or shall be appointed a Special Magistrate shall be confirmed. valid and effectual for all purposes whatsoever, and shall be deemed 6 of 1865, s. 1. to give to the person therein named all the jurisdiction, powers, and authorities conferred upon Special Magistrates by this Act. 13. So long as his commission remains in force and unrevoked, Powers of a Special every Special Magistrate shall have jurisdiction, power, and authority Magistrate. to do alone whatsoever any one, two, or more Justices may lawfully Ibid., s. 2. do under this Act, or under or by virtue of any other Act conferring jurisdiction, power, or authority upon Justices: Provided that nothing herein contained shall authorise any Special Magistrate to exercise any jurisdiction or to do any act which he is, by the express provisions of any statute, authorised to exercise or do only in conjunction with other Justices. General Provisions. 14. (1) All summonses, warrants, convictions, and orders (not Authentication of being by law authorised to be made by word of mouth only) shall be acts of Justices. under the hands of the Justices issuing or making the same. warrant on Sunday. (2) A Justice may receive any information or complaint and Power to issue may grant or issue any warrant or summons on a Sunday as well as any other day. 66 Cf. 15 of 1849, s. 3. letters "J.P." 926 of 1907, s. 6 15. The letters "J.P." appearing after any signature in or upon Meaning of the any instrument, certificate, or other document shall respectively have and be taken to have the same meaning and effect as though instead thereof, respectively, appeared the words one of His Majesty's Justices of the Peace in and for the State of South Australia," unless it appears from the said instrument, certificate, or other document that such signature was affixed out of the said State, or unless another meaning shall be indicated in or upon the said instrument, certificate, or other document, explanatory 16. Whenever the decision of any Justice is called in question Justices may file an in the Supreme Court by any rule to show cause, or other process affidavit in answer issued upon an ex parte application, it shall be lawful for such Justice to ex parte to make and file in the said Court an affidavit setting forth the grounds application. of the decision so brought under review, and any facts which he may consider to have a material bearing upon the question at issue, without 298 of 1883-4, s. 44. PART II. Supreme Court to consider affidavit. Ibid., s. 45. Upon insolvency Warrant or summons not avoided by death, etc., of Justice. Ibid., s. 33. Justices Act.-1921. without being required to pay any fee in respect of filing such affidavit, and such affidavit may be sworn before a Commissioner authorised to take affidavits in the Supreme Court, and may be forwarded by post to the Master thereof, for the purpose of being so filed. 17. Whenever any such affidavit is filed as aforesaid, the Supreme Court shall, before making the rule absolute, or otherwise determining the matter so as to overrule or set aside the act or decision to which the application relates, take into consideration the matters set forth in such affidavit, notwithstanding that no counsel appears on behalf of the Justice. 18. If any person assigned by His Majesty's Commission to act as a Justice is adjudged insolvent, or makes any arrangement or composition with, or any assignment for the benefit of, his creditors, he shall be and remain incapable of acting as a Justice until he has been newly assigned by His Majesty in that behalf. 19. No warrant or summons granted or issued by a Justice, whether under this Act or under any other Act past or future, or otherwise, shall be avoided by reason of the Justice who signed the same dying or ceasing to hold office. PART III. Form of warrant. 15 of 1849, s. 6. 6 of 1850, s. 3. Form of summons, PART III. GENERAL PROCEDURE. Form of Warrant and Summons. 20. (1) Every warrant for the apprehension of a defendant shall(a) state shortly the matter of the information or complaint upon which it is founded; and (b) name or otherwise describe the defendant; and (c) order the person or persons to whom it is directed to apprehend the defendant and bring him before the Justice issuing it, or before some other Justice, to answer the charge contained in the information or complaint, and to be further dealt with according to law. (2) The warrant may be directed specially to any constable or other person by name, or generally to all constables and peace officers of the State, or both specially and generally as aforesaid; and where the warrant is directed generally it shall be lawful for any constable or other peace officer to execute such warrant in like manner as if the same had been specially directed to him by name. (3) It shall not be necessary to make the warrant returnable at any particular time, but the same shall remain in force until it is executed. (4) Every warrant may be executed by apprehending the defendant at any place within the State. 21. (1) A Justices Act.--1921. PART III. warrant as to release 21. (1) A Justice, on issuing a warrant for the arrest of any Indorsement on person, may, if he thinks fit, by indorsement upon the warrant, direct that the person named in the warrant be on arrest released 4 and 5 Geo. V., upon his entering into a recognizance, with or without sureties, for o. 58, s. 21. his appearance as may be specified in the indorsement; and the indorsement shall fix the amounts in which the principal and sureties (if any) are to be bound. (2) When such an indorsement is made, the recognizance in accordance with the indorsement may be taken as provided in section 33, and the defendant shall thereupon be discharged. 22. Every summons for the appearance of a defendant shall be Form of summons. in duplicate and (a) be directed to the defendant charged by the information or complaint: (b) state shortly the matter so charged: (c) require the defendant to be and appear at a certain time and place therein mentioned, before such Justice as shall then be there, to answer to the charge contained in the information or complaint, and to be further dealt with according to law. Witnesses. 15 of 1849, s. 5. 6 of 1850, s. 1. witness. Cf. 15 of 1849, s. 7. 6 of 1850, s. 6. Cf. Eng., 4 & 5 Geo. 23. If a Justice or the clerk is satisfied that any person is likely Summons to to give material evidence or to have in his possession or power any article (which term includes any document, writing, or thing) required for the purposes of evidence upon behalf of either party to any information or complaint, the Justice or clerk may issue a V., c. 58, s. 29. summons to such person requiring him to be and appear, at a time and place mentioned in the summons, before such Justices as shall then be there, to testify what he shall know concerning the matter of the information or complaint, or to produce such article, or to testify and produce as aforesaid (as the case may be). 24. If any person summoned as aforesaid neglects or refuses on refusal warrant to appear, and no just excuse is offered for such neglect or refusal, to issue. then any Justice before whom the person should have appeared Ibid. may issue a warrant to bring and have such person, at a time and place therein mentioned, before such Justices as shall then be there : Provided that it shall be proved to the satisfaction of the Justice (a) that the summons was duly served; and (b) (if the summons relates to a complaint) that a reasonable sum was paid or tendered for the costs and expenses of attendance. 25. If the Justice is satisfied, by evidence upon oath, that it is Warrant in first probable that any person will not attend to give evidence or to instance. produce any article without being compelled to do so, then, instead Ibid. of issuing a summons as provided by section 23, he may issue his warrant as aforesaid in the first instance. 26. Any Proof by affidavit Justices Act.-1921. 26. Any Justice before whom any person appears or is brought, upon summons or warrant, to give evidence or to produce any article may, if such person without offering any just excuse refuses(a) to be examined upon oath concerning the premises; or (b) to take the oath; or (c) to answer after having taken an oath such questions concerning the premises as are then put to him; or (d) to bring or produce any such article, by warrant commit him to the nearest gaol, there to remain and be imprisoned for any time not exceeding seven days, unless in the meantime he consents to be examined and to answer concerning the premises, or to produce such article (as the case may be): Provided that no person shall be bound to produce any article not specified or otherwise sufficiently described in the summons, or any document or writing which he would not be bound to produce upon a subpoena duces tecum in the Supreme Court. Service. 27. Subject to the provisions of this or any other enactment specially applicable to the particular case, any summons or notice required or authorised by this Act to be served upon any person, may be served upon such person by (a) delivering the same to him personally; or (b) leaving the same with some person for him at his last or most usual place of abode or of business with some other person, apparently an inmate thereof or employed thereat, and apparently not less than sixteen years of age: Provided that any Court or Justice before whom the matter comes may refuse to act upon any non-personal service as aforesaid, and may require the summons or notice to be re-served, if it or he is of opinion that there is a reasonable probability 1. that the summons or notice has not come to the knowledge of the person so served; and II. that such person would have complied with or acted upon such summons or notice if it had come to his knowledge. Proof of Service, Etc. 28. (1) In any proceeding within the jurisdiction of Justices, of service of process, without prejudice to any other mode of proof handwriting, &c. (a) the service on any person of any summons, notice, process, may Justices Act.-1921. may be proved by an affidavit taken before a Justice or before a commissioner for taking affidavits in the Supreme Court: Provided that the Justices may require the person making such affidavit to be called as a witness, or require further evidence of the facts. (2) Any document purporting to be such an affidavit shall (subject to the proviso to subsection (1) hereof) be received in evidence in any Court or legal proceeding as sufficient proof of the statements contained therein, without proof of the signature or of the official character of the person or persons taking or signing the same. (3) If any affidavit made under this section is untrue in any material particular, the person wilfully making such false affidavit shall be guilty of wilful and corrupt perjury, and shall be punishable accordingly. Assistance of Counsel. PART III. counsel. 29. Every party to any proceeding before Justices shall be at Parties to have liberty to conduct his case or to make his application or his full assistance of answer to the charge or complaint (as the case may be), and to Cf. 15 of 1849, s. 8. have the witnesses examined and cross-examined, by his counsel 6 of 1850. s. 11. or solicitor: Provided that nothing herein contained shall be deemed― (a) to dispense with the personal attendance before the Justice of any defendant who is charged with an indictable offence; or (b) to authorise Justices to proceed to hear or to hear and determine any charge of an indictable offence in the absence of the defendant. Recognizances. 30. Where any person is remanded or discharged upon recog- Continuous bail. nizance, the recognizance may be conditioned for his appearance Cf. Eng., 4 & 5 Geo. at every time and place to which, during the course of the proceedings, V., c. 58, s. 19. the hearing may be from time to time adjourned, without prejudice, however, to the power of the Court or a Justice to vary the order at any subsequent hearing. and with Discretion of thinks fit Justice as to Provided sureties. 31. Every recognizance shall be for such amount such surety or sureties as the Justice taking the same to ensure the due fulfilment of the conditions thereof: that, in the case of a recognizance taken under section 33 it shall be for such amount, and with such surety or sureties, as the Justice authorising the taking thereof thinks fit for the purpose aforesaid. amount and recognizance and 32. Where a Justice is authorised to take a recognizance, or Justice may fix when any recognizance is required to be entered into before a Justice, amount of such Justice may fix the amount or amounts in which the principal sureties. and sureties are to be bound, and the recognizances may then be entered into as provided in the next section. B-1479 33. (1) When |