AN ACT to amend "The Local Courts Act, A.D. 1898. 1896." BE [29 October, 1898.] E it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 "The said Act" shall mean "The Local Courts Act, 1896." Interpretation. 2 This Act may be cited as "The Local Courts Act Amendment, Short title and 1898," and shall come into operation on the First day of January, commencement. One thousand eight hundred and ninety-nine; and the said Act, as altered and amended by this Act, and this Act, shall be read and con strued together as one Act. 3 A defendant in an action may set-off or set-up by way of counter- Set-off against claim against the claims of the plaintiff, any right or claim, whether counter-claim. such set-off or counter-claim sound in damages or not, and such set-off or counter-claim shall have the same effect as a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross-claim; but a Judge may, on the application of the plaintiff before trial, if, in the opinion of the Judge such set-off or counter-claim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof. 4-(1.) The word "within," in the fourth line of Section Eighty- Amendment seven of the said Act, is hereby expunged, and the words "not less than" Sect. 87, 60 Vict.. No. 48. A.D. 1898. Amendment Local Courts. are hereby inserted in lieu thereof; and the word "clear" in the same line is hereby struck out. In the eighth line of the said Section the words" within a like period" are hereby expunged, and the words “not less than Five days before the date above mentioned" are hereby inserted in lieu thereof. (2.) The words "within the time mentioned," in the first line of Sect. 89, 60 Vict. Section Eighty-nine of the said Act, are hereby expunged, and the words "in accordance with the provisions of" are hereby inserted in lieu thereof. No. 48. Form. Time within which security for costs on appeal may be Application to be New Forms (3.) The several Forms in the Schedule (7.) may be altered to meet the requirements of the foregoing amendments. 5 The time within which the security mentioned in Section One hundred and twenty-three may be given shall be within Ten days after Notice of Appeal has been served on the Respondent or his attorney; and an application to have such security fixed by a Judge of the Supreme Court may be heard ex parte. 6 The words Supreme" and "or the Registrar thereof" in the Fourth and Fifth lines of Section One hundred and thirty-five of the said Act, are hereby expunged. 7 The Forms in the Schedule hereto shall be substituted for Forms Forty-two and Forty-three in the Schedule (7.) of the said Act. Rule 91. SCHEDULE. 1.-BOND WHERE A PLAINTIFF IS APPELLANT. Know all men by these presents, that we A.B. of, &c., and C.D. of, &c., and E.F., of &c., are jointly and severally held and firmly bound to G.H. of, &c., in £ to be paid to the said G.H., or his certain attorney, executors, administrators, or assigns. For which payment to be made we bind ourselves, and each and every of us, in the whole, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this Whereas an action is now depending in the [title of Court] wherein the above-bounden A.B. is plaintiff and the above-named G.H. is defendant: and whereas the said action came on to be tried in the said Court on the when a judgment was given for the said G.H.: : day of 18 day of 18, And whereas the said A.B. being dissatisfied with such judgment, has given notice of his intention to appeal from the same to , and whereas it is provided that the party giving notice of his intention to appeal as aforesaid shall give security for the costs of the appeal and whereas the above-named C.D. and E.F., at the request of the said A.B. have agreed to enter into the above-written obligation for the purposes aforesaid, and the sufficiency of the security intended to be hereby given has been approved of by the Registrar, as appears by his allowance in the margin hereof: now the condition of this obligation is such, that if the above-bounden A.B., C.D., and E.F., any or either of them, shall pay unto the said G.H., his executors, administrators, or assigns, the costs of the said appeal, as shall order, then this obligation shall be void, otherwise it shall remain in full force. NOTE.-If a deposit of money be made, the Memorandum thereof should follow the terms of the condition of the Bond, and will not require a stamp. Local Courts. 2.-BOND WHERE DEFENDANT IS APPELLANT. A.D. 1898. Rule 91. Know all men by these presents, that we, A.B. of, &c., and C.D. of, &c., and E.F. of, &c., are jointly and severally held and firmly bound to G.H. of, &c., in £ to be paid to the said G.H., or his certain attorney, executors, administrators, or Sect. 123. assigns. For which payment to be made we bind ourselves, and each and every of us, in the whole, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this is now depending in the [title of Court] holden at wherein the above-named G. H. is plaintiff, and the above-bounden A.B. is defendant: and whereas the said action came on to be tried in the said Court on the day of 18 when a judgment was given for the said G.H. in the sum of £ And whereas the said A.B., being dissatisfied with such judgment, has given notice of his intention to appeal from the same to : And whereas it is provided that the party giving notice of his intention to appeal as aforesaid shall give security for the costs of the appeal, and for the amount of the judgment if such party be the defendant: And whereas the above-named C.D. and E. F., at the request of the said A.B., have agreed to enter into the above-written obligation for the purposes aforesaid, and the sufficiency of the security intended to be hereby given has been approved of by the Registrar, as appears by his allowance in the margin hereof: Now the condition of this obligation is such, that if the above-bounden A.B., C.D., and E.F., any or either of them, shall pay unto the said G.H., his executors, administrators, or assigns, the costs of the said appeal, as the shall order, (and shall also, in case the said appeal shall be dismissed, pay to the said G.H., his executors, administrators, or assigns, the said sum of £ [amount of the judgment] (a)]), then this obligation shall be void, otherwise it shall remain in full force. Signed, sealed, and delivered by the above-bounden in the presence of Note.-If a deposit of money be made, the Memorandum thereof should follow the terms of the condition of the Bond, and will not require a stamp. (a) To be omitted, if amount previously paid into Court. WILLIAM GRAHAME, AN ACT to further amend "The Licensing A.D. 1898. Act, 1889." BE it [29 October, 1898.] E it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 There shall be added at the end of the Forty-first Section of Stabling accom"The Licensing Act, 1889," the following words:" or provided modation. within a reasonable distance of such Public-house." 2 Any Two Justices of the Peace in Petty Sessions assembled in Licence to sell at any district may, if they think fit, by writing under their hands, stock sale. approve of the Holder of any Public-house Licence selling Liquor in any open booth or any building at any show of stock, or at any public sale by auction of stock in such district; and upon such approval being granted, it shall be lawful for the Holder of such Licence to sell Liquor in such booth or building accordingly: Provided, that no approval shall be granted as aforesaid for the sale of Liquor within the boundaries of the Cities of Hobart and Launceston. 3 Notwithstanding anything contained to the contrary in the said Packet Licence Act, a Packet Licence may be issued in respect of and in the name of may be issued in any ship, and the master or other person in charge of such ship for name of ship. the time being shall be deemed for the purposes of the said Act to be the lawful Holder of the Packet Licence in respect of such ship. |