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3-227 (Original)

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author,male,Legislative Act,un addressee
Legal Document
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Government English
Legal English
Bennett, 1979
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Whereas to obviate the danger which may arise as well to public morality as to family interests, if the law of this colony on the subject of marriage and divorce differed materially from that of the mother country, it is expedient to adopt the provisions of the recent statutes amending the law relating to divorce and matrimonial causes in England, as far as the same are compatible with the requirements of the colony: 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. and the authority of the same, as follows: - 
1. All jurisdiction now vested in or exercisable by the Court of Divorce and Matrimonial Causes in England constituted under the provisions of the Statute 20 and 21 of. Victoria, chapter 85, shall, in this colony, from and after the passing of this Ordinance, belong to and be vested in Her Majesty. and such jurisdiction shall be exercised in the name of Her Majesty in a Court of Record to be called the Court for Divorce and Matrimonial Causes.
2. No decree shall be made for a divorce a mensa et thoro, but in all cases in which a decree for a divorce a mensa et thoro might, before the operation of the said Statute 20 and 21 of Victoria, chapter 85, have been pronounced by any Ecclesiastical Court in England, the court now by this Ordinance established may pronounce a decree for a judicial separation, which shall have the same force and the same consequences as a divorce a mensa et thoro formerly had.
3. The Chief Justice of Western Australia for the time being shall be the judge of the said court, and shall have full authority to hear and determine all matters arising therein, and may exercise all the powers and authority of the said court.
4. The Court for Divorce and Matrimonial Causes shall hold its sittings in such place or places in the colony as the judge of such court shall from time to time appoint.
5. It shall be lawful for the said judge to sit in chambers for the despatch of such part of the business of the said court as can in the opinion of the said judge, with advantage to the suitors, be heard in chambers; and such sittings shall from time to time be appointed by the said judge.
6. The judge when so sitting in chambers shall have and exercise the same power and jurisdiction in respect of the business to be brought before him as if sitting in open court.
7. The judge of the said court shall procure a seal to be made for the said court; and all decrees and orders, or copies of decrees or orders of the said court, sealed with the said seal, shall be received in evidence. [...] [225]
The Recovery of Small Debts Ordinance, 1863 (27 Vic. No. 21)
Whereas it is expedient to facilitate proceedings for the recovery of small debts and demands: 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, as follows: - 
1. On and after the date on which this Ordinance shall come into operation the Ordinances of the Governor and Legislative Council, 6th William IV., No. 2, of 1836, and the 6th Victoria, No. 13, of 1842, shall be and the same are hereby respectively repealed, save and except so far as relates to anything heretofore lawfully done in pursuance thereof; all proceedings which shall have been commenced and shall be still pending in any court under the said recited Ordinances shall be continued heard and determined under the provisions hereof, and all records and all papers connected with the proceedings of the said court shall within three months after the date on which this Ordinance shall come into operation be deposited with the Registrar of the Supreme Court, and remain in his custody and keeping.
2. It shall be lawful for the Governor from time to time and at any time by proclamation published in the Western Australian 'Government Gazette,' to constitute Local Courts for the recovery of small debts and demands, to be holden at such times and places and within such districts throughout the said colony as may be most fit and convenient, and as may be specified in such proclamation, and likewise by proclamation, to alter the time or place or manner of holding any such courts, which courts respectively shall be and are hereby declared to be Courts of Record.
3. It shall be lawful for the Governor from time to time to nominate and appoint such and so many Justices of the Peace as may be deemed fit and proper, to exercise the powers conferred on them by this Ordinance: and the term 'The Magistrate,' wheresoever occurring in this Ordinance, shall be understood to mean the Magistrate so nominated and appointed.
4. Such courts shall have such clerks, bailiffs and other ministerial officers, as shall be necessary for the administration of justice and the execution of the judgments. orders and process of such courts, and all such officers shall be appointed and removable by the Governor at pleasure; and shall execute such other duties as shall be assigned to them respectively by this Ordinance or the general rules and orders to be made in pursuance thereof.
5. Every clerk of such court shall issue all summonses, warrants and writs of execution, and register all orders, judgments and proceedings of court, and shall take charge of and keep an account of all court fees and fines payable or paid into court, and of all moneys paid into and out of court, and shall enter such account in a book belonging to such court, to be kept by him for that purpose, and shall from time to time, whensoever and in such form and manner as he shall be ordered by the Governor, submit his accounts to be audited or settled by the Auditor-General.
6. In every case cognizable under this Ordinance, it shall be lawful for the Magistrate alone or associated with any other Justice or Justices of the Peace attending at the prescribed time and place in open court, to exercise the powers of such court, such Magistrate presiding thereat; and in all cases of issuing any summons or warrant, taking any recognizance or enlarging, continuing, or adjourning any proceedings, and in all incidental or interlocutory proceedings under this Ordinance or any general rule or order made and confirmed in pursuance thereof, it shall be lawful for any one or more Justice or Justices of the Peace attending at the prescribed time and place and in open court to exercise the powers of such court. [226] Provided that when two or more Justices of the Peace and the Magistrate shall form such court, the decision of the major part of them shall be taken and recorded as the judgment of the court. And provided that during the unavoidable absence of the Magistrate, or in any case in which he shall be personally interested, it shall be competent for any two or more Justices of the Peace to exercise the powers of the court.
7. Where by reason of the death or unavoidable absence of the Magistrate or Justices of the Peace aforesaid, such court cannot be held, the clerk, or, in the event of his absence, the bailiff, shall adjourn the court to such day as he may deem convenient, and enter in the minute-book the cause of such adjournment.
8. All pleas or personal actions where the debt or damage claimed is not more than fifty pounds, whether on a balance of account or otherwise, may be holden in a court constituted under this Ordinance, and shall be heard and determined in a summary way: Provided that no such court shall have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments or to any toll, fare, market, or any fee of office, shall be in question, or in which the validity of any devise, bequest, or limitation under any will or settlement may be disputed, or for any malicious prosecution, or for any libel or slander, or for criminal conversation, or for seduction, or breach of promise of marriage.
9. On the application of any person desirous to bring a suit under this Ordinance, the clerk of the court shall enter in a book to be kept for that purpose in his office, a plaint in writing, stating the names and the last known places of abode of the parties, and the substance of the action intended to be brought, every one of which plaints shall be numbered in every year. according to the order in which it shall be entered, and thereupon a summons, stating the substance of the action, and bearing the number of the plaint in the margin thereof, shall be issued according to such form, and be served on the defendant so many days before the day on which the court shall be holden at which the cause is to be tried as shall be directed by the rules made for regulating the practice of the court as hereafter provided, and delivery of such summons to the defendant, or in such other manner as shall be specified in the rules of practice, shall be deemed good service; and no misnomer or inaccurate description of any person or place in any such plaint or summons shall vitiate the same, so that the person or place be therein described as to be commonly known. [...]
Whereas from the speedy decomposition consequent on death in this climate, it is advisable to make some provision that will admit of the early interment of bodies on which it may be necessary to hold inquests when death may have happened on a Sunday, or at such time before or under such circumstances as may have prevented the holding of an inquest on some earlier day: [227] 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 in every such case it shall and may be lawful for the coroner to summon, assemble, and hold an inquest on Sunday, for the purpose of viewing, examining, or dissecting the body, and thereupon such body may be interred, and the coroner may adjourn the said inquest to any subsequent day for the further investigation of the matter.
2. And whereas it is expedient to punish the neglect of jurors and of witnesses when duly summoned to attend on an inquest: Be it further enacted, that if any person having been duly summoned, either personally or by a written notice left at his dwelling or place of abode, as a juror or witness to give evidence upon any coroner's inquest, shall not after being openly called three times, appear and serve as such juror, or appear and give evidence on such inquest, every such coroner shall be empowered to impose such fine upon every person so making default as he shall think fit, not exceeding forty shillings; and every such coroner shall make out and sign a certificate containing the name and surname, the residence and trade or calling of every such person so making default, together with the amount of fine imposed and the cause of such fine, and shall transmit such certificate to the Registrar of the Supreme Court, and shall cause a copy of such certificate to be served upon the person so fined, by leaving it at his residence; and the said Registrar shall copy the fine or fines so certified on the roll on which all fines and forfeitures imposed at such court shall be copied, and the same shall be entreated, levied, and applied in like manner, and subject to the like powers, provisions and penalties in all respects, as if such fine or fines had been part of the fines imposed at such court: Provided always, that nothing herein contained shall be construed to affect any power now by law vested in the coroner for compelling any person to appear and give evidence before him on any inquest or other proceeding or for punishing any person for contempt of court in not so appearing and giving evidence or otherwise.
3. And whereas it is expedient to make provision for supporting coroners' inquisitions and for preventing the same from being quashed on account of technical defects, it is further enacted that no inquisition, found upon any inquiry in the nature of a coroner's inquest, nor any judgment recorded upon or by virtue of any such inquisition shall be quashed, stayed, or reversed because any juror or jurors shall have set his or their mark or marks to any such inquisition, instead of subscribing his or their name or names thereto, nor because any such mark or marks is or are unattested, provided the name or names of such juror or jurors is or are set forth, nor because any juror or jurors has or have signed his or their Christian name or names by means of an initial or partial signature only, and not at full length, nor because of any erasures or interlineations appearing in any such inquisition, unless the same shall be proved to have been made therein after the same was signed, nor for nor by reason of any such inquisition not being duly sealed or written upon parchment, nor because the coroner and the jury did not all view the body at one and the same instant, provided that all viewed the body at the first sitting of the inquest; and in all or any of such cases of technical defects as are hereinbefore mentioned, it shall be lawful for any Judge of the Supreme Court or for any Judge of Assize or Gaol Delivery, if he shall so think fit upon the occasion of any such inquisition being called in question before him, to order the same to be amended in any of the respects aforesaid, and the same shall be forthwith amended accordingly. [228]
4. That the term 'coroner' shall include any person lawfully acting in such capacity, and legally exercising the powers and performing the duties of a coroner.