Court or Judge order to review. 205. On the return of the order to review, the court Powers of Full or judge may, on a consideration of the evidence and on return of materials adduced and brought before the justices, and if the court or judge thinks fit of any further evidence either oral or by affidavit, discharge such order to review or may confirm, vary, amend, rescind, set aside, or quash the decision appealed against, and any order, conviction, warrant, or other proceeding founded thereon, and may remit the case for hearing or re-hearing to the said justices or to any other justices, with or without any direction in law, and may prohibit the justices and all other persons concerned from proceeding or further proceeding in respect of the decision, and may make such other order as to such court or judge seems just, and may also, for such purposes or any of them and without prejudice to the generality of the powers hereinbefore conferred, exercise all or any of the powers or jurisdiction which the court possesses or might exercise upon certiorari, mandamus, prohibition, or habeas corpus: Provided that notwithstanding that the court or judge may be of opinion that any point raised by the order to review might be decided in favour of the appellant, discharge the order if he or it considers that no substantial miscarriage of justice has occurred. 206. Subject to this Act the court or judge may Cost. make such order as to costs as it or he deems just. judge. 206a. There shall be no appeal to the Full Court No appeal from from any determination of a single judge made on the return of any order to review, but the judge on such return may, if he thinks it desirable, refer such order to review for hearing and determination by the Full Court at the request of any party thereto. abridgment of 206b. The Supreme Court or a judge shall have Enlargement or power to enlarge or abridge the time appointed by the time. preceding sections of this Part or fixed by any order for doing any act or taking any proceeding upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed. 206c. The court or judge, on the hearing of an order Evidence of proto review, shall have power to determine and ascertain court below. ceedings in Dismissal for want of prosеси¿ion. Procedure where decision reversed. Enforcement of decision of Supreme Court. If costs not paid, certificate to be granted. Enforcement of order for costs. what evidence was given or what proceedings taken before the justices on such evidence or statement of what occurred before the justices including the notes of the justices (if any) as the court or judge may deem sufficient, and may rehear the testimony of any witness. 206d. If any appellant makes default in prosecuting his appeal without delay or in taking any necessary steps in the presentation thereof, any other party may apply to the judge in chambers by summons served on such appellant for an order discharging the order to review, and the judge shall make such order as shall be just with regard to the subject matter of the application and to costs. 206e. Whenever a decision is given on an order to review, the prescribed officer shall send to the proper clerk of petty sessions a memorandum of the decision of the court or judge, and such memorandum shall be sufficient evidence of the decision for all purposes. 206f. Any conviction, sentence or order affirmed, amended, varied, adjudged, imposed or made by the decision of the Supreme Court or a judge thereof in relation to any order to review, may be enforced (subject to any variation made therein) by any justices (whether the justices in respect of whose decision the order to review was granted or not) in the same way as if it had been adjudged, imposed, or made by them, and any justices may issue, make, adjudge or impose all such summonses, warrants, orders, convictions, and sentences as may be necessary to carry into effect any directions contained in any decision of the Supreme Court or judge given in relation to any order to review, and no action or proceedings shall be taken against any justices for enforcing any such conviction, sentence, or order notwithstanding any defect therein. 206g. If any costs ordered to be paid by either party to an appeal hereunder are not paid, the prescribed officer shall, upon application of the party entitled to such costs, grant to him a certificate that such costs have not been paid, and shall therein specify the amount of such costs. 206h. Upon production of such certificate to any justice, the payment of such costs may be enforced in the same manner as is hereinbefore provided for enforcing is Appellant by review deemed doned other way of order to to have aban 2061. Any person who appeals by way of order to rights of ap. Section 215. 22. Section two hundred and fifteen of the principal Act Repeal of is hereby repealed. section. 23. The following new section is hereby inserted in the Insertion of new principal Act, and shall stand as Section two hundred and fifteen : Service of Notices. upon solicitor 215. Where a party acts or is represented by a soli- Service by or citor, any document, notice, or proceeding required under acting for party. this Part of this Act to be served by or upon such party may be served by or upon such solicitor, and service of any such document, notice, or proceeding upon such solicitor or delivery of the same at his office or sending the same to him properly addressed by post prepaid shall be deemed to be good service upon the party whom such solicitor represents, or for whom he acts, as upon the day when the same is so served or delivered, or upon which in the ordinary course of post it would be delivered. forms. 24. The judges of the Supreme Court or any two of them Alteration of may by rule alter any of the forms in the Second Schedule of the principal Act in such way as they may deem to be necessitated by the amendments made by this Act. 25. All copies of the principal Act hereafter printed by the Government Printer shall be printed under the supervision of the Clerk of the Parliaments as amended by this Act, and shall embody any alterations made in the forms in the Second Schedule, and all necessary references to this Act and any amending regulation shall be made in the margin: Provided that the short title in such copies shall be altered to the Justices Act, 1902-1919, by which title the principal Act as so amended may be cited. Principal Act to be printed as amended. PEARLING ACT-AMENDMENT. 10° GEO. V., No. VIII. No. 20 of 1919. AN ACT to amend the Pearling Act, 1912. [Assented to 11th November, 1919.] 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: commencement. 1. This Act may be cited as the Pearling Act Amendment Short title and Act, 1919, and shall be read as one with the Pearling Act, 1912 (hereinafter called the "principal Act"), and shall come into operation on a day to be fixed by proclamation. 2. The following definitions are inserted in their appro- Amendment of priate places in section five: "Tropical waters adjacent to Western Australia" means "Document" includes book, paper, and writing. Section 5. 3. The following section is hereby inserted after section Insertion of twelve of the principal Act:- new section 12a. When application is made to a licensing officer cers may make for the grant, transfer, or removal of a license, such officer may put to the applicant and to any other person such questions relevant to the application as he may think fit, and may require the applicant or any other person to produce and exhibit for inspection any document in his possession, custody, or power relating to or containing any entry relating to the subject matter of the application, and to allow the same to be examined. |