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11 GEO VI 1947 No 16 Magistrates' Courts

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11 GEO VI 1947 No 16 Magistrates' Courts 122 1947, No. 16] Magistrates' Courts [11 GEO. VI NEW ZEALAND ANALYSIS Title. MisceZlaneous Provisi0n8 as to 1. Short Title. Commencement. Officers 2. Interpretation. 18. Penalty for assaulting officers. 19. Misconduct of officers. 20. Officers of Court not to act as PART I solicitors therein. CONSTITUTION AND ADMINISTRATION Sittings Magistrates' Coorls 21. Place of sittings. 3. Courts constituted. 22. Times of sittings. 4. Exercise of civil or criminal 23. Adjourned sittings. jurisdiction in Courts appointed. Magistrartes PART II 5. Appointment and qualifications. CRIMINAL JURISDICTION 6. Salaries and allowances. 24. Criminal jurisdiction. 7. 'fenure of office. 25. J u r i sdi c t ion as to fugitive 8. E(1! officio functions of Magis­ offenders. trates. 26. Informations and complaints 9. Magisterial districts. to be filed in nearest Court. 10. Acting Magistrates. 27. Place of hearing of informa­ 11. Provision as to Magistrate in tions and complaints. Chatham Islwnds. 28. Criminal Record Book. Registrars 12. Appointment of Registrar. 13. Record of proceedings to be PART III kept by Registrar. 14. D"puty R,egistrars. CIVIL JURISDICTION AND TRANSFER OF PROCEEDINGS Bailiffs Aoti01l8 of Contraot and Tort 15. Appointment of bailiffs. 29. General jurisdiction in actions 16. Deputy bailiffs. on contract and tort. 17. Powers and duties of bailiffs. 30. Money recoverable by statute. 11 GEO. VI] Ma.gistra:tes' 001ll/'ts [1947, No. 16 123 31. J u r i sdi c t ion in actions for 55. Examination of wit n e s s e s recovery of land. abroad. 32. Landlord's right where ~ent 56. Persons who may take affidaVIts, is in arrear or prelIU8eS &c. deserted. Hearing 38. Jurisdietion as to building societies. 57. Right of audience. 58. Trial by Magistrate. Equity Prooeedings 59. Equity and good conSCIence. 60. Magistrate to take notes. 34. Equity jurisdiction. 61. Power of Magistrate to refer to arbitration. Miscellaneous Provisions as to 62. Power of Magistrate to refer J 'Urisdiction to Registrar or referee. 35. Jurisdiction where title in question. Judgments and Orders 36. Abandonment of part of 63. Finality of judgments and orders. claim to give Court juris­ 64. Want of form. diction. 65. Payment of judgments and orders. 37. Extension of jurisdiction by a g r e e men t between the Removal of Joogmentl§ parties. 38. Division of cause of action 66. Removal of judgment of Magis­ not allowed. trate's Court into Supreme 39. Proceedings against a b s e n t Court. 67. Action in Supreme Court ?D defendant. judgment or .order of MagIS­ trate's Court. Exercise of Jurisdiction and 68. Removal of judgment or order Ancillary J urisdiotion of Supreme Court into Magis­ 40. Persons who exercise jurisdiction trate's Court. of Court. 69. Removal of judgment from one 41. General ancillary jurisdiction. Magistrate's Court to another. 42. Ancillary powers of Magistrate. 70. Removal of judgment of abolished Court. Transfer of Prooeedings 43. Transfer to Supreme Court of proceedings within jurisdie­ PART V tion. APPEALS 44. Transfer of proceedings beyond 71. Right to appeal. jurisdiction. 72. Notice .of appeal. 45. Transfer of proceedings where 73. Time for appeal; security for there is a counterclaim. appeal. 46. Transfer of proceedings from 74. Cross-appeals. Supreme Court by agreement 75. Procedure where appeal not between parties. prosecuted. 47. Procedure on transfer of pro­ 76. Procedure on appeal. ceedings from Supreme Court 77. Powers of Supreme Court on to Magistrate's Court. appeal. 48. Costs in cases transferred or 78. Court appealed from to be removed. advised of decision. PART IV PART VI PROCEDURE ENFORCEMENT OF JUDGMENTS Parties Enforcement Generally 49. Trustees, executors, and adminis- 79. Nature of proceedings for en­ trators. forcement of judgment. 50. Infants. 80. Enforcement of judgments 51. Persons jointly liable. more than six years old. 52. Bankruptey of plaintiff. 81. Enforcement of order for pay­ ment by instalments. Witnesses and Evidence 82. Proceedings on eross-judgments. 53. Witness entitled to expenses. 83. Power to stay proceedings for 54. Penalty for neglecting witness enforcement. summons. 84. Stay of proceedings 00 appeal. 124 1947, )io. 16J Magistrates' Cowrts [11 GEO. VI Warrant of Distress Liability and Protection of 85. Warrant of distress. Officers 86. Disposal of bills of exchange, 105. Negleet by bailiffs. &c., seized. 106. Irregularity in exeeuting war­ 87. Penalty for rescue of goods rants. seized. 107. Aetions against bailiffs acting under warrants. Sale of GooiLs seized 108. Aetion to be brought within 88. Period to elapse before sale. six months, and one month's 89. Sale of goods by public auetion notiee to be given. unless otherwise ordered. 90. Proteetion of bailiff selling goods under exeeution with­ out notice of elaim by third PART VII party. 91. Proeedure when goods seized MISCELLANEOUS AND GENERAL are seeured under bill of sale_ Writs 0/ Lirrest Claims in respect of Gooos seized 109. Absconding debtors may be held to bail. 92. Priority of Supreme Court and 110. Suecessful plaintiff entitled to Magistrate's Court exeeutions. execution, suecessful defendant 93. Sale of goods where elaim entitled to eompensation. made thereto. 94. Bailiff's interpleader. 1 lead 95. Claims for rent where goods nterp er seized under exeeution. Ill. Interpleader. Garnishee Proceedings Contempt 96. Garnishee proceedings. 112. Power to commit for contempt. Commi.ttals Financial Provisions 97. Issue and execution of orders 113. Payment and recovery of fees. or warrants of eommittal. 114. Enforcement of tines. 98. Power of Magistrate to order 115. Fines and fees to be paid to discharge. Public Account. Warrant for the Be(J()1Jery 0/ Lo!nd 99. Warrant for the recovery of M iscelZaneous land. 116. Summonses and other docu­ 100. Irregularity in exeeution of ments to be under seal. warrant can only be sued for 117. Subtenant to give notiee of as special damage. action to his immediate land­ 101. Per son illegally obtaining Lord. warrant liable for trespass. 118. Actions on lost instruments. 102. Execution of warrant may be 119. ProtectiOlIl of Magistrates. stayed on giving bond. 120. No privilege to solicitors. 121. Constables, &e., to assist. Recovery of Chattels 122. Magistrates' Courts rules. 103. Warrant for the recovery of 123. Regulations. chattels. 124. Application of Act. 104. Further proceedings if chattels 125. Repeals and savings. not recovered. Schedules. 1947, No. 16 Title. AN ACT to consolidate and amend certain Enactments of the General Assembly relating to Magistrates' Courts and the Jurisdiction of Magistrates in Civil Proceedings, and to make Provision for the Exercise of Criminal Jurisdiction under the Justices of the Peace Act, 1927, in Magistrates' Courts. [24th October, 1947 11 GEO. VI] JJagistmtes' C01£rts [1947, No. 16 125 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority ()f the same, as follows:- 1. (1) This Act may be cited as the Magistrates' Short Title. Courts Act, 1947. (2) This Act shall come into force on. a date to be Commencement. appointed for the commencement thereof by the Governor-General by Proclamation. 2. (1) In this Act, unless the context otherwise Interpretation. requires,- Cl. 1928, " Action " means any proceedings in a Court No. 14, a. ! Cl. 24&25 which may be commenced as prescribed by Geo. V, c. 53, plaint: County Courts Act, 1934, " Bailiff" means a bailiff of a Court, and s. 191 (Imp.) includes any deputy bailiff and any person acting as bailiff pursuant to section fifteen of this Act: " Court" and "Magistrate's Court" mean a Court constituted under this Act: " Landlord ", in relation to any land, means the person entitled to the immediate reversion of that land, or, if the land is held in joint tenancy or tenancy in common, includes any one of the persons entitled to the immediate reversion: " Magistrate" means a Stipendiary Magistrate appointed under this Act: ~, Matter" means every proceeding in a Court which may be commenced as prescribed other­ wise than by plaint: " Officer ", in relation to a Court, includes any Registrar of that Court, and any clerk, bailiff, usher, or messenger in the service of that Court: ~ , Party" includes every person served with notice of, or attending, any proceeding, whether named as a party to that proceeding or not: ~, Prescribed" means prescribed by the Rules for the time being in force: ~, Proceedings" includes both actions and matters: ~, Registrar " means the Registrar of a Court, and includes any Deputy Registrar: " Rules " means the Magistrates' Courts rules made under section one hundred and twenty­ two of this Act. 126 ]947, No. 16] Jlagistmtes' Cowrts [11 GEO. VI (2) Except as expressly provided In this Act,. nothing in this Act shall be deemed to relate to any Court in respect of the exercise of the criminal juris­ diction referred to in Part II of this Act and every reference to a Court shall be deemed to relate to a. Court in whic;h civil proceedings may be taken. PART I CONSTITUTION AND ADMINISTRATION Magistrates' Cowts Courts 3. (1) There shall be within New Zealand Courts­ constituted. of record, possessing civil and criminal jurisdiction, to· Of. 1928, No. 14, be called Magistrates' Courts. ss. 5 (1),39 (2) Each Court shall have a seal which shall be kept by the Registrar. Exercise of civil 4. (1) The Governor-General may from time to time· or criminal jurisdiction in appoint cities, boroughs, or other places in which Courts Courts may be held for the exercise of civil jurisdiction. appointed. (2) The Governor-General may from time to time Of. ibid., 8. 6 (1) appoint cities, boroughs, or other places in which Courts may be held for the exercise of criminal jurisdiction. (3) The Governor-General may from time to time authorize any Court held in any city, borough, or other place appointed und-er the last preceding subsection to deal with any s'pecified class of matters not within the criminal jurisdiction of the Court.
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