Review of Justices Decisions Act 1872 (c. 26)

1 Short title.

This Act may he cited as " The Review of Justices Decisions Act, 1872."

2 Justice, when his decision is called in question in a Superior Court, may file affidavit showing grounds of his decision without payment of fee.

Whenever the decision of any justice or justices is called in question in any Superior Court of Common Law by a rule to show cause or other process issued upon an ex parte application, it shall he lawful for any such justice to make and file in such court an affidavit setting forth the grounds of the decision so brought under review, and any facts which he may consider to have a material bearing upon the question at issue, without being required to pay any fee in respect of filing such affidavit or any stamp duty thereupon, and such affidavit may be sworn before a Commissioner authorised to take oaths in Chancery, and may be forwarded by post to one of the Masters of the Court for the purpose of being so filed.

3 Court to take into consideration matters contained in affidavit notwithstanding non-appearance of counsel in support.

Whenever any such affidavit has been filed as aforesaid, the Court shall, before making the rule absolute against the justice or justices, or otherwise determining the matter so as to overrule or set aside the acts or decisions of the justice or justices to which the application relates, take into consideration the matters set forth in such affidavit, notwithstanding that no counsel appear on behalf of the said justices.