AN ACT to consolidate and amend the Law relating to Local Courts.

[Assented to 24th December, 1904.]

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:

PART I.-PRELIMINARY.

1. This Act may be cited as the Local Courts Act, 1904. It Short title. is divided into Parts, as follows:

PART VII-APPEALS, ss. 107-119.

PART VIII.-ENFORCEMENT OF JUDGMENTS, SS. 120-153.

PART

IX.--SUPPLEMENTARY PROVISIONS, SS. 154-162.

2.

Division.

Commencement.

Interpretation.

Repeal.

2. This Act shall come into operation on the first day of January, One thousand nine hundred and five.

3. In this Act, unless the context otherwise indicates--
"Action" includes suit, and means a civil proceeding com-
menced as prescribed by plaint;

“Bailiff" includes deputy bailiff, and persons appointed in the
prescribed manner to assist bailiffs;

"Clerk" means clerk of a Local Court, and includes assistant
clerk acting in the absence of the clerk;

"Court" means a Local Court established under this Act;
"Goods" includes money or bank-notes of any banking com-
pany established in Western Australia or elsewhere, and
cheques, bills of exchange, promissory-notes, specialties, or
other securities for money, and stock and shares, and other
personal property of every kind;

"Judgment" includes a judgment, order, or other decision or
determination of a magistrate;

"Land" includes land of any tenure, and any estate therein,
and the houses, buildings, and structures thereon;
"Landlord" means the person entitled to the immediate
reversion of land, or, if it is held in joint tenancy, copar-
cenary, or tenancy in common, all or any one of the
persons entitled to the reversion;

"Magistrate" means a magistrate of a Local Court, and
includes any resident or police magistrate or justices of the
peace sitting in the place of the magistrate;

"Matter" means a proceeding in the court which is commenced as prescribed otherwise than by plaint;

"Minister" means the responsible Minister of the Crown for the time being charged with the administration of this Act.

66

Party" includes a person served with notice of or attending a proceeding, although not named on the record;

“Prescribed" means prescribed

court;

means prescribed by this Act, or the rules of

"Proclamation means a proclamation by the Governor published in the Government Gazette.

"Return Day" means the day appointed in a summons or proceeding for the trial or hearing of an action or matter; "Rules of court" means rules of court made as by this Act prescribed.

4. The Acts specified in the Schedule are hereby repealed.

All Local Courts established, and all magistrates and officers appointed under any Act hereby repealed shall, so far as may be

necessary,

necessary, be deemed to have been established and appointed respectively under this Act, and shall continue subject to the provisions of this Act.

All proceedings commenced before the coming into operation of this Act shall be carried on, as far as practicable, according to the provisions of this Act, and, subject to this Act, according to the provisions of the repealed Acts, which for that purpose shall be deemed to continue in force.

All rules of court and orders made under the authority of any Act hereby repealed, and in force at the commencement of this Act, shall be deemed to have been made under the authority of this Act, and all references in any such rules or orders shall be construed as references to the corresponding provisions of this Act.

PART II.-COURTS, MAGISTRATES, AND OFFICERS.

Courts.

Local Courts.

5. The Governor may, by proclamation, order that courts to Appointment of be called Local Courts shall be held at such places as he thinks fit; and may, in like manner, alter the place for the holding of a court, or order that the holding of any court be discontinued.

When the holding of a court is discontinued, all proceedings pending in the court shall be transferred to and continue in such other court as the Governor may direct by the proclamation, and all records of the court, the holding of which is discontinued, shall be transferred to such other court.

6. Every Local Court shall be a court of record, and shall have Courts to be courts the jurisdiction provided by this Act.

of record.

7. For every court there shall be a seal; and plaints, summonses, Seal of the court. warrants, and other process shall be sealed or stamped with the

seal.

Magistrates.

8. The Governor may appoint magistrates of Local Courts, Appointment of and may assign to a magistrate such courts as he thinks fit; but magistrates. the jurisdiction of a magistrate shall not be deemed thereby to be

limited to the courts assigned to him.

the

Every magistrate shall, by virtue of his office, be a justice of peace for the State.

9. Every magistrate shall be appointed for the whole State, and Magistrates may act shall be empowered to act in any Local Court in the State.

throughout State,

Place and times of

10. The magistrate to whom a court is assigned shall attend to hold the court, at the place appointed by the Governor, at such times sittings. as are appointed by the Minister, but so that the court is held in the place once at least in such period of time as the Governor directs by proclamation.

Notice