Western Australian Current Acts

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SUPREME COURT ACT 1935 - SECT 46

46 .         Circuit towns and sittings in them

        (1)         The Governor may, from time to time, by proclamation declare that such places in Western Australia as he thinks fit are circuit towns.

        (2)         The Governor may, by subsequent proclamation, cancel or alter circuit towns.

        (3)         Sittings of the Supreme Court in a circuit town shall be held on such days and at such times as the Chief Justice, from time to time, appoints.

        (4)         Notice of the days on which and the times at which a circuit court is to be held shall be published in the Government Gazette ; and the notice shall be exhibited in a conspicuous place in the Court House of the circuit town and in the office of the registrar of the District Court at that circuit town, and no other notice thereof is required, unless a judge otherwise directs.

        (5)         The Chief Justice may, from time to time, alter the days and times for the holding of a circuit court and when any such day is so altered notice of the intended alteration and the time it is to take effect shall be exhibited in a conspicuous place in the Court House in the circuit town and in the office of registrar of the District Court at that circuit town.

        (6)         When a judge who is to hold a circuit court does not attend at the time appointed for any sitting thereof the registrar of the District Court at the circuit town may open the circuit court and adjourn it to the following day or such other day or the next sitting of the circuit court as he is directed by a judge or by a master or a registrar of the Supreme Court.

        (7)         Where a circuit court is to be held the registrar of the District Court at the circuit town shall deliver or cause to be delivered to the judge on the first day of the sitting a calendar of all prisoners in custody for trial or sentence at the circuit court (wherever the prisoners are confined) and shall bring up or cause to be brought up every such prisoner to the circuit court, there to be dealt with according to law.

        (8)         Nothing in this section limits the powers conferred on the Supreme Court and judges thereof by section 38.

        (9)         In this section —

        District Court means The District Court of Western Australia; and

        registrar has the meaning assigned to it in section 6 of the District Court of Western Australia Act 1969 .

        [Section 46 inserted: No. 57 of 1975 s. 6; amended: No. 67 of 1979 s. 8; No. 47 of 1983 s. 13.]

[ 47.         Deleted: No. 50 of 1957 s. 2.]



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