Justices Protection Act Amendment Act 1871
Justices Protection Act Amendment Act 1871
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Justices Protection Act Amendment Act 1871
Public Act |
1871 No 42 |
|
Date of assent |
14 November 1871 |
|
Contents
An Act to make further provision for the Protection of Justices from Vexatious Actions for acts done by them in execution of their Office.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:—
1 Short Title.
The Short Title of this Act shall be “The Justices Protection Act Amendment Act 1871.”
2 Act to be read with “The Justices Protection Act 1866.”
This Act shall be read and construed with and shall form part of “The Justices Protection Act 1866”
but the provisions of this Act shall not affect limit or alter the provisions of or the protection given by “The Justices Protection Act 1866”
but shall be additional thereto.
3 In actions against Justices security for costs to be given.
In any action brought against any Justice of the Peace for anything done by him in the execution of his office the plaintiff may in the discretion of the Court in which such action is brought on application by or on behalf of the defendant made to the Court or to any Judge thereof at any time after the commencement of the action and not later than fourteen days before the day fixed for the trial of the action be ordered to give security for the costs of the action to the satisfaction of the Court in which the action is brought or the Registrar or Clerk of the Court and if such security be ordered to be given the Court or any Judge thereof may direct that in the meantime all proceedings shall be stayed and if any one of the sureties become insolvent the Court shall on the application of the defendant order the proceedings to be stayed until the plaintiff shall have found a new surety. That in any such action as aforesaid the defendant may in the discretion of the Court in like manner be required to give security for costs and failing to do so the Court shall proceed to try the said cause as an undefended one and the defendant shall only be permitted to adduce evidence on the trial of the cause in mitigation of damages Provided always that neither plaintiff nor defendant shall be required to give security for a larger amount than twenty- five pounds.
4 If conviction quashed in certain cases no costs to be ordered.
Whenever any conviction or order made by any Justice of the Peace shall be quashed on proceedings by or in the nature of certiorari or on appeal or otherwise on the ground of want of form or otherwise than on the merits no costs shall be ordered to be paid by the informant or complainant below or the Justices adjudicating.
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Versions
Justices Protection Act Amendment Act 1871
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