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Solomon Islands Consolidated Legislation |
LAWS OF SOLOMON ISLANDS
[1996 EDITION]
CHAPTER 19
LOCAL COURTS
ARRANGEMENT OF SECTIONS
SECTION
SCHEDULE
---------------------------------------------
CHAPTER 19
LOCAL COURTS
AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND CONSTITUTION OF LOCAL COURTS AND TO PRESCRIBE THE JURISDICTION AND POWERS OF SUCH COURTS
[8th December 1942]
2 of 1942
1 of 1943
1 of 1952 (Special)
17 of 1957
13 of 1959
12 of 1963
6 of 1967
4 of 1968
1 of 1974
6 of 1974
8 of 1974
LN 46A of 1978
LN 88 of 1978
9 of 1985
Short title
1. This Act may be cited as the Local Courts Act.
Establishment of local courts
13 of 1959, 4th Sched.
8 of 1974, Sched.
LN 46A of 1978
2.—(1) By warrant under his hand the Chief Justice may establish in Solomon Islands such local courts as he shall think fit which shall exercise over Islanders within such limits as may be defined by such warrant the jurisdiction therein defined and such jurisdiction as may be conferred by any Act on local courts generally.
(2) The Chief Justice may at any time suspend, cancel or vary any warrant establishing a local court or defining the jurisdiction of any such court or the limits within which such jurisdiction may be exercised.
Constitution of Local Courts
8 of 1974, Sched.
LN 46A of 1978
3. A local court shall be constituted in accordance with the law or customs of Islanders of the area in which the court is to have jurisdiction, and a local court purporting to be so constituted shall be deemed to be lawfully constituted in accordance with this Act unless the contrary be shown:
Provided that, if he shall think fit, the Chief Justice may prescribe the constitution of any local court, or the order or precedence among the members thereof, or the powers and duties of any persons acting as assessors to any such court.
Suspension or dismissal of members of court
8 of 1974, Sched.
LN 46A of 1978
4. The Chief Justice may suspend for such period as he thinks fit, or may remove or dismiss any member of a local court who shall appear to have abused his power or to be unworthy or incapable of exercising his powers justly, or for other sufficient reason.
Appointment of clerks of courts
8 of 1974, Sched.
LN 46A of 1978
5. The Chief Justice shall appoint for each local court a fit and proper person to be the clerk thereof, who shall keep proper minutes and records of all proceedings of the court. The clerk shall be responsible for the collection of all fines imposed by the court and he shall keep such registers and furnish such returns as the Chief Justice may from time to time prescribe.
Jurisdiction of local courts
8 of 1974, Sched.
6. Every local court shall have full jurisdiction, to the extent set forth in its warrant and subject to the provisions of this Act, over causes and matters in which all the parties are Islanders resident or being within the area of the jurisdiction of the court.
Criminal jurisdiction
8 of 1974, Sched.
7. The criminal jurisdiction of a local court shall extend, subject to the provisions of this Act, to the hearing, trial and determination of all criminal charges and matters in which any Islander is accused of having wholly or in part within the jurisdiction of the court, committed or been accessory to the committing of an offence against an Islander.
Civil Jurisdiction
1 of 1974, s. 2
8 of 1974, Sched.
8.—(1) The civil jurisdiction of a local court shall extend, subject to the provisions of this Act, to the hearing, trial and determination of all civil suits and matters in which the defendant is ordinarily resident within the area of the jurisdiction of the court or in which the cause of action shall have arisen within the said area, provided that civil proceedings relating to immovable property shall be taken in the local court within the area of whose jurisdiction the property is situated.
(2) In any civil suit or matter in which a local court has jurisdiction under subsection (1), the court shall also have jurisdiction within the area of jurisdiction of the court—
(a) to enforce by attachment and sale or delivery any order or decision of the court; and
(b) to commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or decision of the court or any other local court:
Provided that such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making default either has, or has had since the date of the order or decision, the means to pay the sum in respect of which he has made default, and has refused or neglected or refuses or neglects to pay the same.
For the purposes of this paragraph, any local court may direct any debt due from any person, in pursuance of any order or decision of that court, or any other local court, to be paid by instalments, and may, from time to time, vary or rescind such order.
Power to confer special jurisdiction
1 of 1974, s. 3
9. Notwithstanding anything to the contrary in this Act contained, the Chief Justice may by order confer upon any local court the jurisdiction which any other local court has to hear, try and determine any criminal charge or matter or any civil suit or matter.
Validation of certain proceedings
6 of 1974, s. 2
10.—(1) Notwithstanding anything to the contrary in this or any other Act contained, no decision of a local court in any civil suit or matter shall be invalid by reason only of the defendant not having been resident or the cause of action not having arisen or the immovable property to which the suit or matter relates not being situated, within the area of the court's jurisdiction; and for this purpose, in the case of—
(a) civil proceedings relating to immovable property, the property shall be deemed to be and always to have been situated within the area of the court's jurisdiction, and
(b) other civil proceedings, the defendant shall be deemed to have been ordinarily resident at all material times, and the cause of action to have arisen, within the area of the court's jurisdiction:
Provided that this subsection shall not apply to any suit or matter in which—
(i) any party thereto, during or immediately before the proceedings, objected to determination of the suit or matter by the court upon the ground that he being the defendant was not ordinarily resident, or that the cause of action did not arise or that the immovable property to which the proceedings related was not situated, within the area of the court's jurisdiction; or
(ii) an appeal has been lodged within the prescribed period upon any of the grounds specified in the preceding paragraph of this proviso.
Interpretation of certain expressions
9 of 1985, s. 2
11.—For the purposes of sections 12, 13 and 14 the expression—
"chiefs" means chiefs or other traditional leaders residing within the locality of the land in dispute and who are recognised as such by both parties to the dispute;
"customary land" has the same meaning as that assigned to it under the Land and Titles Act;
Cap. 133
"customary land dispute" means a dispute in connection with the ownership of, or, of any interest in, customary land or the nature or extent of such ownership; and
"dispute" means customary land dispute.
Limitations on local jurisdiction to hear disputes
9 of 1985, s. 2
12. (1) Notwithstanding anything contained in this Act or in any other law, no local court shall have jurisdiction to hear and determine any customary land dispute unless it is satisfied that—
(a) the parties to the dispute had referred the dispute to the chiefs;
(b) all traditional means of solving the dispute have been exhausted; and
(c) no decision wholly acceptable to both parties has been made by the chiefs in connection with the dispute.
(2) It shall be sufficient evidence that the requirements of paragraphs (a) and (c) of subsection (1) have been fulfilled if the party referring the dispute to the local court produces to the local court a certificate, as prescribed in Form 1 of the Schedule, containing the required particulars and signed by two or more of the chiefs to whom the dispute had been referred.
(3) In addition to producing a certificate pursuant to subsection (2), the party referring the dispute to the local court shall lodge with the local court a written statement setting out—
(a) the extent to which the decision made by the chiefs is not acceptable; and
(b) the reasons for not accepting the decision.
Powers of local court when hearing dispute
9 of 1985, s. 2
13. When hearing and determining any dispute it has jurisdiction to hear and determine, the local court may—
(a) have regard to the decision made by the chiefs in connection with the dispute;
(b) hear evidence from—
(i) any or all of the witnesses who gave evidence before the chiefs at the hearing of the dispute; or
(ii) any other witness called by the parties;
(c) call one or more of the chiefs who took part in making the decision to give evidence on the customary law which—
(i) is applicable within the locality of the land in dispute; and
(ii) governs the issues in the dispute;
(d) substitute for the decision made by the chiefs such decision as may to it seem just; or
(e) refer the dispute to the chiefs with such directions as it may consider necessary.
Local court to record decisions by chiefs
9 of 1985, s. 2
14.—(1) Where, in any dispute referred to the chiefs, a decision wholly acceptable to both parties has been made by the chiefs, the chiefs or any of the parties to the dispute may, within three months from the date of the decision, cause a copy of the decision to be recorded by the local court.
(2) A copy of the decision referred to in subsection (1) shall be in such form as prescribed in Form II of the Schedule and shall contain the particulars prescribed in that form and signed by the parties and two or more of the chiefs who took part in making the decision.
(3) Any decision recorded by the local court pursuant to subsection (1) shall be deemed to be a decision of the local court for the purpose of any law.
Examination on oath
15. Any person appearing before a local court to give evidence in any case, civil or criminal, may be examined or give evidence on oath in the form, or with the ceremony, that he declares to be binding on his conscience.
Law to be administered
8 of 1974, Sched.
16. Subject to the provisions of this Act, a local court shall administer the law and custom of Islanders prevailing in the area of the jurisdiction of the court, so far as the same has not been modified by any Act.
Chief Justice may empower local court to enforce specified laws
8 of 1974, Sched.
LN 46A of 1978
17. The Chief Justice may by order confer on any local court jurisdiction to enforce all or any of the provisions of any law specified in such order subject to such restrictions and limitations, if any, as the Chief Justice may specify.
Punishments
8 of 1974, Sched.
18. For offences against the law or custom of Islanders a local court may, subject to the provisions of this Act, impose a fine or may order imprisonment or both a fine and imprisonment, or may inflict any punishment authorised by the law or custom of Islanders, provided that such punishment is not repugnant to natural justice and humanity, and the fine or other punishment shall in no case be excessive but shall always be proportioned to the nature and circumstances of the offence.
Mode of imprisonment
4 of 1968, Sched.
8 of 1974, Sched.
LN 88 of 1978
19.—(1) Notwithstanding any law, Act or Rule to the contrary in force in Solomon Islands, a person sentenced by a local court to a term of imprisonment of two months or less shall be deemed to be undergoing such imprisonment if on every day, exclusive of Sundays, during the term of imprisonment imposed, he performs such communal work as the court prescribes for a period of nine hours daily:
Provided that the court may in its discretion order such person to be detained in a prison established under the provisions of the Prisons Act.
Cap. 111
(2) Any person undergoing imprisonment as aforesaid, who absents himself from such work without lawful excuse when he should be engaged thereat, shall be guilty of an offence, and shall, on conviction before a local court, be liable to a further term of imprisonment not exceeding one month.
Imprisonment for more than two months
4 of 1968, Sched.
8 of 1974, Sched.
LN 46A of 1978
20. Where a local court sentences a person to imprisonment for any period exceeding two months he shall, upon confirmation of the sentence by a Magistrate, be detained in a prison established under the Prisons Act, and the term of imprisonment shall commence on the day on which the person sentenced is taken into custody in pursuance of the confirmation of the sentence as aforesaid.
Binding over accused
8 of 1974, Sched.
LN 88 of 1978
21. A local court may, in any case, in lieu of fine or imprisonment, in view of the age of the accused or because of the trivial nature of the offence bind over the accused in such sum either in custom money or in the currency which for the time being is legal tender in Solomon Islands, as the court may prescribe, to be of good behaviour for such period as to the court seems fit, but not exceeding a period of one year.
Power of court on conviction
22. A court by whose conviction any sum is adjudged to be paid may do all or any of the following things, namely—
(a) order imprisonment unless the sum be paid forthwith; or
(b) allow time for the payment of the said sum; or
(c) direct payment of the said sum to be made by instalments; and
(d) in default of the payment of any fine or any instalment of the same when due, may order that the defendant be imprisoned.
Recovery of fines
4 of 1968, Sched.
23. The period of imprisonment inflicted by a court under this Act in respect of the non-payment of any sum of money adjudged to be paid or in respect of the default of payment of any instalment of that sum, shall be according to the scale prescribed by section 26(1) of the Penal Code.
Cap. 26
Compensation to aggrieved person
8 of 1974, Sched.
24. A local court may direct any fine, or such part thereof as it shall deem fit, to be paid to the person injured or aggrieved by the act or omission in respect of which such fine has been imposed, on condition that such person, if he shall accept the same, shall not have or maintain any suit for the recovery of damages for the loss or injury sustained by him by reason of such act or omission.
Mode of securing attendance of accused persons and witnesses
6 of 1974, s. 3
8 of 1974, Sched.
25. The attendance of accused persons and witnesses before a local court shall be secured in accordance with the custom prevailing in the area of the court, and any person summoned to attend, who fails so to do shall be liable to a fine of twenty dollars and in default of payment to imprisonment for three months.
Chief Justice to have access to local courts
8 of 1974, Sched.
LN 46A of 1978
26. The Chief Justice shall at all times have access to all local courts in Solomon Islands.
Revisionary powers of Magistrate
8 of 1974, Sched.
LN 46A of 1978
27. Every Magistrate shall at all times have access to local courts in his district and to the records of such courts, and on the application of any person concerned or of his own motion may—
(a) revise any of the proceedings of a local court, whether civil or criminal, and may make such order or pass such sentence therein as the local court could itself have made or passed, provided that no sentence of fine or imprisonment or other sentence in any criminal proceeding shall be increased without first giving the accused an opportunity to be heard; and provided further that if any such sentence shall be increased upon revision by a Magistrate, there shall be an appeal from the order of the Magistrate to the Chief Justice, who may reduce, remit, or increase any such sentence;
(b) order any case to be re-tried either before the same court or before any other local court of competent jurisdiction or may at any stage of the proceedings, either before or after judgment has been delivered, transfer any case for hearing before a Magistrate's Court.
6 of 1967, Sched.
Appeals
8 of 1974, Sched.
LN 88 of 1978
28. Any person aggrieved by any order or decision of a local court may within thirty days from the date of such order or decision appeal therefrom to the Magistrate's Court having jurisdiction in the area.
Power of Magistrate on appeal
8 of 1974, Sched.
LN 46A of 1978
29. A Magistrate in the exercise of appellate jurisdiction in any cause or matter under this Act may require the aid of such persons as assessors as he shall think fit and may—
(a) make any such order or pass any such sentence as the local court could have made or passed in such cause or matter;
(b) order any such cause or matter to be reheard before the local court or before any other local court.
Rules
8 of 1974, Sched.
LN 46A of 1978
30. The Chief Justice may make rules governing the procedure and practice of local courts, and generally for the effectual exercise of jurisdiction by such courts and may by such rules prescribe the fees payable in such courts.
SCHEDULE
9 of 1985, s. 3
FORM I
(Section 12(2))
CUSTOMARY LAND DISPUTE
(Unaccepted Settlement)
1 Name and address of chiefs involved in the decision
2 Name and address of the Parties
(a) Complainant:
(b) Defendant:
3 Name and address of witnesses;
(a) For the Complainant:
(b) For the Defendant:
4 Description of the land relating to the dispute:
5 Description of the nature of the dispute:
6 Summary of evidence on behalf of:
(a) Complainant:
(b) Defendant:
7 Summary of findings/decision by the chiefs:
8 Date and place where dispute was heard:
Dated at this day of 19
Certified by chiefs:
FORM II
(Section 14(2))
CUSTOMARY LAND DISPUTE
(Accepted Settlement)
1 Name and address of chiefs involved in the decision:
2 Name and address of the Parties:
(a) Complainant:
(b) Defendant:
3 Name and address of the witnesses:
(a) For the Complainant:
(b) For the Defendant:
4 Description of the land relating to the dispute:
5 Description of the nature of the dispute:
6 Summary of the evidence on behalf of the:
(a) Complainant:
(b) Defendant:
7 Summary of findings/decision by chiefs:
8 Date and place where dispute was heard:
9 Declaration of acceptance:
(a) I, , Complainant, accept the decision made by the chiefs in connection with this dispute and I hereby undertake to abide by it.
Signed:
Witnessed by Chiefs:
(b) I, , Defendant, accept the decision made by the chiefs in connection with this dispute and I hereby undertake to abide by it.
Signed:
Witnessed by Chiefs:
Dated at this day of 19
Certified by chiefs:
_______________________________
CHAPTER 19
LOCAL COURTS
Subsidiary Legislation
ESTABLISHMENT OF LOCAL COURTS
(Section 2)
___________________________
WARRANT ESTABLISHING THE BAURO LOCAL COURT
Warrant dated
1st July, 1986
LN 61/1986
LN 102/1986
LN 106/1986
1. The Bauro Local Court, with jurisdiction over Wards 9, 10, and 11 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 8 Justices
(b) The Court may sit to hear a case provided at least three take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3.—(1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act, and hear and determine criminal cases committed within the boundary of the Makira Ulawa Provincial Assembly as defined in the First Schedule to the Provincial Government Act.
Cap. 118
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act, (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________________
WARRANT ESTABLISHING THE BELLONA LOCAL COURT
Warrant dated
1st July, 1986
LN 53/1986
1. The Bellona Local Court, with jurisdiction over Ward 3 of Central Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 6 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3.—(1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act, (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_____________________________
WARRANT ESTABLISHING THE CHOISEUL LOCAL COURT
Warrant dated
1st July, 1986
LN 64/1986
1. The Choiseul Local Court, with jurisdiction over Wards 13–19 (inclusive) of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 5 Vice-Presidents; and
(iii) 25 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________________
WARRANT ESTABLISHING THE DUFF ISLANDS LOCAL COURT
Warrant dated
1st July, 1986
LN 63/1986
1. The Duff Islands Local Court, with jurisdiction over Ward 13 of Eastern Islands, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 3 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
WARRANT ESTABLISHING THE EAST RENNELL LOCAL COURT
Warrant dated
1st July, 1986
LN 56/1986
1. The East Rennell Local Court, with jurisdiction over Ward 2 of Central Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 4 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
____________________________
WARRANT ESTABLISHING THE GIZO/KOLOMBANGARA LOCAL COURT
Warrant dated
1st July, 1986
LN 67/1986
LN 103/1986
1. The Gizo/Kolombangara Local Court, with jurisdiction over Wards 11 and 20 of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3.—(1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act, and hear and determine criminal cases committed within the area of the Western Province boundary as defined in the First Schedule to the Provincial Government Act.
Cap. 118
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
WARRANT ESTABLISHING THE GUADALCANAL LOCAL COURT
Warrant dated
1st July, 1986
LN 55/1986
LN 104/1986
1. The Guadalcanal Local Court, with jurisdiction over all Wards of Guadalcanal Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 10 Presidents;
(ii) 19 Vice-Presidents; and
(iii) 76 Justices
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3.—(1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act, and hear and determine criminal cases committed within the boundaries of the Santa Isabel and Central Islands Provincial Assemblies as defined in the First Schedule to the Provincial Government Act.
Cap. 118
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
___________________________
WARRANT ESTABLISHING THE HAUNUNU LOCAL COURT
Warrant dated
1st July, 1986
LN 76/1986
1. The Haununu Local Court, with jurisdiction over Ward 20 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 6 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
________________________
WARRANT ESTABLISHING THE HONIARA LOCAL COURT
Warrant dated
1st July, 1986
LN 48/1986
LN 54/1989
1. The Honiara Local Court, with jurisdiction—
(a) generally, in the area of any of the 12 wards of the Honiara Town Council (Constitution of Wards) Order;
(b) in cases or questions concerning inheritance, throughout Solomon Islands;
(c) in cases or questions concerning customary land referred to it by the High Court of a Customary Land Appeal Court, throughout Solomon Islands,
is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President
(ii) 2 Vice-Presidents; and
(iii) 15 Justices
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other order which may in future be made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers of Local Courts.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money or money's worth (subject to any general order made by the Chief Justice varying the amount which may be claimed). The Court may hear any case under Part II of the Affiliation Separation and Maintenance Act provided not more than $1000 is claimed by way of lump sum.
Cap. 1
6. The Court's jurisdiction in respect of any case brought in relation to the payment of, or recovery of, bride price shall not be subject to the financial limit contained in paragraph 5. In respect of bride price cases the Court shall have jurisdiction whatever the value of the subject-matter is in dispute.
________________________
WARRANT ESTABLISHING THE MALAITA LOCAL COURT
Warrant dated
1st July, 1986
LN 46/1986
1. The Malaita Local Court, with jurisdiction over all Wards of Malaita Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 17 Vice-Presidents; and
(iii) 99 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
______________________________
WARRANT ESTABLISHING THE MAROVO LOCAL COURT
Warrant dated
1st July, 1986
LN 69/1986
1. The Marovo Local Court, with jurisdiction over Wards 22, 28, 29, 30, 31 & 32 of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 11 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $l1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
____________________________
WARRANT ESTABLISHING THE NGGELA LOCAL COURT
Warrant dated
1st July, 1986
LN 54/1986
1. The Nggela Local Court, with jurisdiction over Wards 9, 10, 11, 12, & 13 of Central Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 2 Vice-Presidents; and
(iii) 6 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE NORTH AROSI LOCAL COURT
Warrant dated
1st July, 1986
LN 75/1986
1. The North Arosi Local Court, with jurisdiction over Wards 7 & 8 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE RANONGGA/SIMBO LOCAL COURT
Warrant dated
1st July, 1986
LN 68/1986
1. The Ranongga/Simbo Local Court, with jurisdiction over Wards 3, 4, 5 & 6 of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 3 Vice-Presidents; and
(iii) 10 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_____________________________
WARRANT ESTABLISHING THE RAWO LOCAL COURT
Warrant dated
1st July 1986
LN 62/1986
1. The Rawo Local Court, with jurisdiction over Wards 18 & 19 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 6 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
______________________________
WARRANT ESTABLISHING THE REEF ISLANDS LOCAL COURT
Warrant dated
1st July, 1986
LN 71/1986
1. The Reef Islands Local Court, with jurisdiction over Wards 1–6 (inclusive) of Eastern Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 8 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $l200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE ROVIANA LOCAL COURT
Warrant dated
1st July, 1986
LN 65/1986
1. The Roviana Local Court, with jurisdiction over Wards 21–27 (inclusive) of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 2 Vice-Presidents; and
(iii) 8 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE RUSSELL ISLANDS LOCAL COURT
Warrant dated
1st July, 1986
LN 57/1986
1. The Russell Islands Local Court, with jurisdiction over Wards 4, 5 & 6 of Central Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 8 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
WARRANT ESTABLISHING THE SANTA ANA LOCAL COURT
Warrant dated
29th August, 1986
LN 107/1986
1. The Santa Ana Local Court, with jurisdiction over Wards 15 & 16 of the Makira Ulawa Council (Constitution of Wards) Order, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 2 Vice-Presidents; and
(iii) 6 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE SANTA CRUZ LOCAL COURT
Warrant dated
29th August, 1986
LN 108/1986
LN 62/1988
1. The Santa Cruz Local Court, with jurisdiction over Wards 7–12 (inclusive) and 17 of the Eastern Islands Council (Constitution of Wards) Order, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 3 Vice-Presidents; and
(iii) 6 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3.—(1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act, and hear and determine criminal cases committed within the boundary of the Temotu Provincial Assembly as defined in the First Schedule to the Provincial Government Act.
Cap. 118
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________________
WARRANT ESTABLISHING THE SANTA ISABEL LOCAL COURT
Warrant dated
1st July, 1986
LN 47/1986
1. The Santa Isabel Local Court, with jurisdiction over all Wards of Santa Isabel Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 2 Presidents;
(ii) 2 Vice-Presidents; and
(iii) 10 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE SAVO LOCAL COURT
Warrant dated
1st July, 1986
LN 66/1986
1. The Savo Local Court, with jurisdiction over Wards 7 & 8 of Central Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 2 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
________________________
WARRANT ESTABLISHING THE SHORTLANDS LOCAL COURT
Warrant dated
1st July, 1986
LN 70/1986
1. The Shortlands Local Court, with jurisdiction over Wards 1 & 2 of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 3 Vice-Presidents; and
(iii) 10 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
WARRANT ESTABLISHING THE SOUTH AROSI LOCAL COURT
Warrant dated
1st July, 1986
LN 74/1986
1. The South Arosi Local Court, with jurisdiction over Wards 5 & 6 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
________________________
WARRANT ESTABLISHING THE STAR HARBOUR LOCAL COURT
Warrant dated
1st July, 1986
LN 80/1986
1. The Star Harbour Local Court, with jurisdiction over Wards 14 & 17 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE UGI LOCAL COURT
Warrant dated
1st July, 1986
LN 79/1986
1. The Ugi Local Court, with jurisdiction over Ward 4 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
WARRANT ESTABLISHING THE ULAWA LOCAL COURT
Warrant dated
1st July, 1986
LN 81/1986
1. The Ulawa Local Court, with jurisdiction over Wards 1, 2 and 3 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
WARRANT ESTABLISHING THE UTUPUA LOCAL COURT
Warrant dated
1st July, 1986
LN 77/1986
1. The Utupua Local Court, with jurisdiction over Ward 14 of Eastern Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
___________________________
WARRANT ESTABLISHING THE VAGHENA LOCAL COURT
Warrant dated
1st July, 1986
LN 49/1986
1. The Vaghena Local Court, with jurisdiction over Ward 12 of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 3 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
____________________________
WARRANT ESTABLISHING THE VANIKORO LOCAL COURT
Warrant dated
1st July, 1986
LN 78/1986
1. The Vanikoro Local Court, with jurisdiction over Ward 15 of Eastern Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 2 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
____________________________
WARRANT ESTABLISHING THE VELLA LAVELLA LOCAL COURT
Warrant dated
1st July, 1986
LN 51/1986
LN 114/1987
1. The VELLA LAVELLA Local Court, with jurisdiction over Wards 7, 8, 9 and 10 of Western Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 2 Vice-President; and
(iii) 7 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
__________________________
WARRANT ESTABLISHING THE WAINONI LOCAL COURT
Warrant dated
1st July, 1986
LN 82/1986
1. The Wainoni Local Court, with jurisdiction over Wards 12 and 13 of Makira Ulawa Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 5 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_______________________________
WARRANT ESTABLISHING THE WEST RENNELL LOCAL COURT
Warrant dated
1st July, 1986
LN 50/1986
1. The West Rennell Local Court, with jurisdiction over Ward 1 of Central Islands Province, is hereby established.
2. The constitution of the Court shall be as follows—
(a) The Court shall consist of not more than—
(i) 1 President;
(ii) 1 Vice-President; and
(iii) 4 Justices.
(b) The Court may sit to hear a case provided at least three members take part; if no President or Vice-President is taking part, the members shall choose one of their number to be chairman.
(c) In reaching a decision in any case the majority of the members sitting must agree.
3. (1) The Court may hear any criminal case about an offence set out in the Local Courts (Criminal Jurisdiction) Order, or any other general order made by the Chief Justice under section 17 of the Local Courts Act.
(2) In criminal cases, the Court may impose imprisonment for not more than 6 months, or a fine of not more than $200, subject to any general order made by the Chief Justice varying the sentencing powers.
4. The Court may hear any case which a Local Court has power to hear under the Land and Titles Act (no matter what amount is in dispute).
Cap. 133
5. The Court may hear any other civil case where not more than $1000 is claimed in money (subject to any general order made by the Chief Justice varying the amount which may be claimed).
_________________________
THE LOCAL COURTS (CRIMINAL JURISDICTION) ORDER
LN 15/1978
(Section 17)
[10th February 1978]
1. This Order may be cited as the Local Courts (Criminal Jurisdiction) Order.
2. The criminal jurisdiction of a local court shall extend to the hearing, trial and determination of all criminal charges and matters in which any person subject to the jurisdiction of the court is accused of having wholly or in part within the jurisdiction of the court committed or been accessory to the committing of an offence under the provisions specified in the Schedule to this Order or under the provisions of any by-law made by any local government council.
3. In exercise of the jurisdiction conferred by paragraph 2, a local court may pass sentences ordering imprisonment of a term not exceeding six months or imposing a fine not exceeding two hundred dollars.
SCHEDULE
Sections 87, 89, 121, 125, 175, 178(f), (m) and (n), 179, 181, 183, 191, 192,243, 244, 261(1), 274, 275, 276, 277,279, 280, 281, 282, 289, 292, 325 and 326(1) Penal Code Cap. 26.
Sections 85, 86, 88, 90, 115(4) and 120 Local Government Act Cap. 117.
Sections 39, 40 and 41 Firearms and Ammunition Act Cap. 80
Sections 35, 36, 37,39, 49, 80 and 119 Public Health Act 1970 (No. 2 of 1970)*
* Though the Public Health Act No. 2 of 1970 has been repealed by the Environmental Health Act (Cap. 99). Section 11(4) of Cap 99 provides for the continuance in force of each of Parts II to XII of Act No. 2 of 1970 as a Regulation under Cap. 99
Rule 12 Public Health (Malaria Eradication) Rules 1979* (LN 6/1979)
* These Rules made in 1979 under the Public Health Act No. 2 of 1970 replaced the Public Health (Malaria Eradication) Rules, 1961. Though Act No. 2 of 1970 has been repealed by the Environment Health Act (Cap. 99), all subsidiary legislation made under Act No. 2 of 1970 are to continue in force until rescinded or replaced-vide section 19 of Section 8 Fisheries Act Cap. 38
_____________________________
THE LOCAL COURTS (FEES IN CIVIL CASES) RULES.
LN 107/1969
LN 17/1976
LN 5/1979
LN 10/1982
LN 32/1985
LN 39/1989
(Section 30)
[29th October 1969]
1. These Rules may be cited as the Local Courts (Fees in Civil Cases) Rules.
2. In these Rules "local court" means a local court established under section 2 of the Act
3. Subject to rule 4, there shall be charged and paid in every civil cause or matter in a local court the fees specified in the Schedule to these Rules.
4. The whole or any part of any fee authorised by rule 3 to be charged may be remitted—
(a) by a local court, with the approval of a Magistrate; or
(b) by a Magistrate,
if the payment of such fee by any person will, in the opinion of the native court or of the Magistrate, as the case may be, result in hardship or if, having regard to the circumstances of the case, the fee, in the opinion of the local court or of the Magistrate, as the case may be, is excessive.
5. The fees prescribed in the Schedule to these Rules shall be paid to the clerk of the local court in which the cause or matter is or is to be tried.
6. All fees may, when the local court in its discretion so orders, be recoverable by the Plaintiff as part of the judgment debt.
SCHEDULE
1. On application for a witness summons, summons to defendant or a summons to judgment debtor $5
2. On any cause or matter where the value of the subject matter, other than land, is capable of being estimated in money, and
(a) does not exceed $50 $5
(b) exceeds $50 but does not exceed $150 $10
(c) exceeds $150 $15
3. On any cause or matter involving a customary land dispute $50
4. On any other cause or matter $15
5. On any application or summons not specifically provided for above $5
6. On an Appeal from Local Court to Customary Land Appeal Court $100
_________________
THE LOCAL COURTS (FORMS) RULES
LN 27/1979
(Section 30)
[6th July 1979]
1. These Rules may be cited as the Local Courts (Forms) Rules.
2. The forms set out in the First and Second Schedules hereto shall be used by Local Courts in the exercise of their criminal and civil jurisdiction respectively with such adaptation as the circumstances of each case may require.
FIRST SCHEDULE
CRIMINAL
Form No. Particulars Section
1. Summons to Witness or Accused to attend Court s. 25
2. Warrant of Imprisonment s. 18
3. Bond to be of Good Behaviour s. 21
4. Warrant of Imprisonment for failure to pay a Fine s. 22(d)
5. Order as to Residence Penal Code, s. 175
______________________
Form LC Crim. 1
THE LOCAL COURTS ACT
(Cap. 19)
SUMMONS TO ATTEND COURT
(Section 25)
Local Court
To (name) of............................. (place)
You are hereby commanded to appear before the
above Local Court at (place)
on (date) at ............................. (time)
to give evidence/answer a charge
Statement of offence
contrary to (law/By-law)
Particulars of offence
Signed (Court Clerk)
Date 19 ..............
Note: Any person summoned to attend court who fails to do so shall be liable to a fine of twenty dollars, and in default of payment to imprisonment for three months.
(Constable to tear off after service)
Name of witness/accused
Case to be heard at (place)
on (date) at ............................. (time)
Summons served by me on person named and contents explained
at (place)
on (date)
Signed
(Constable)
__________________________
Form LC Crim. 2
LOCAL COURTS ACT
(Cap. 19)
WARRANT OF IMPRISONMENT
(Section 18)
Local Court
To all Area Constables and all Police Officers and to the Officer-in-Charge of the Prison at
Whereas (name)
of (place)
was on 19 ............... (date)
convicted before the Local Court of the following offence(s):
Statement of Offence(s)
Particulars of Offence(s)
and it was adjudged that the said (name)
for his offence(s) should be imprisoned at (prison)
and there to be kept for (period)*from this day.
You are therefore ordered to take the said (name)and convey him to the said prison and deliver him to the Officer-in-Charge thereof who is hereby directed to imprison him for the time aforesaid.
Dated the ............................ day of 19 ..........
(President)
(Court Clerk)
*In the case of a sentence of more than 2 months this Warrant must be counter-signed by a Magistrate.
Dated the ............................... day of. 19................
Magistrate
___________________________
Form LC Crim. 3
THE LOCAL COURTS ACT
(Cap. 19)
BOND TO BE OF GOOD BEHAVIOUR
(Section 21)
Local Court
I, who have signed below, acknowledge myself to owe to our Sovereign Queen Elizabeth II the sum written opposite my signature, to be raised by seizure and sale of my goods if the condition set out is not fulfilled.
Dated this ....................................... day of 19 ............
Signature
Address
Sum
The condition of this order is as follows:
If (a) keeps the public peace and is of good behaviour towards all persons (and especially towards (b))for (c) then the said order shall be void, or otherwise it shall be in force.
(a) Write here the name of the person signing the bond.
(b) Write here the name of any person to whom the person signing the bond has to be of specially good behaviour. Otherwise delete.
(c) Write here the length of time for the bond.
_______________________________
Form LC Crim. 4
THE LOCAL COURTS ACT
(Cap. 19)
WARRANT OF IMPRISONMENT FOR FAILURE TO PAY A FINE
(Section 22(d))
Local Court
To all Area Constables and Police Officers and to the Officer-in-Charge of
Prison.
Whereas (name)
of (place)
was convicted before this court on (date)
of the following offences:
Statement of offence(s)
Particulars of offence(s)
and it was adjudged that the said(name) for his offence(s) should pay a fine of $ (amount of fine) or in default of payment be imprisoned for (period)and whereas he has made default.
You are therefore commanded to take the said (name)and convey him to prison and deliver him to the officer in charge, who is hereby directed to imprison him for (period)unless he shall pay the fine of $
Dated this day of 19
(signed) President
Court Clerk
Form LC Crim. 5
THE LOCAL COURTS ACT
(Cap. 19)
ORDER AS TO RESIDENCE
(Penal Code, Section 175)
Local Court
To Area Constables and to all Police Officers in Solomon Islands.
Whereas (name)
of (place)
was on (date) convicted before this court of the following offence(s):
Statement of offence(s)
Particulars of offence(s)
and was ordered by the court to reside
at (place)
in the (province)
for a period of (months)from this day.
You are therefore commanded to convey the said
(name)to such place, and if he leave such place before the above period expires, he shall be liable to the penalties provided by law.
Dated 19
(Signed) (President)
(Court Clerk)
______________________________
SECOND SCHEDULE
CIVIL
Form No. Particulars Section
1. Summons to Defendant s. 8(1)
2. Summons to Witness s. 8(1)
____________________________
Form LC Civil 1
THE LOCAL COURTS ACT
(Cap. 19)
SUMMONS TO DEFENDANT IN CIVIL CASE
(Section 8(1))
In the Local Court
Civil Case No. ................................of 19
Between (plaintiff)
and (defendant)
In the matter of
(details of matter in dispute)
TO: .......................................... (name) of (place)
Your are required to attend this court
at (place)
on (date)
at (time)
when the case brought against you by the above-named plaintiff will be heard.
If you fail to attend as required, the court may proceed in your absence and give judgment after hearing the evidence of the plaintiff.
(signed)
Court Clerk
(Area Constable to tear off here)
........................................ (plaintiff) against (defendant)
Civil case to be heard at (place)
on ....................................(date) at (time)
Summons Served on defendant at (place)
on (date)
(signed)
Constable
____________________________
Form LC Civil 2
THE LOCAL COURTS ACT
(Cap. 19)
SUMMONS TO WITNESS IN CIVIL CASE
(Section 8(1))
In the Local Court
Civil Case No. of 19 .................
Between
Plaintiff
and
Defendant
To (name of witness)
You are required to attend in person before this court
at (place)
on the (date)
at (time) and so from day to day until this cause has been tried, to give evidence as to all that you know in this cause [*and also to bring with you and produce to the court at the time and place stated above the following
[Describe briefly the
document or thing
the witness
is to bring
with him]
You are summoned at the request of
(name of Plaintiff or Defendant)
Dated 19 ..............
Signed
Court Clerk
[*Delete if the witness is not required to bring any document or thing with him.]
----------------------------------------
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