PART II.

Issue of certificates of judgments

obtained in South Australia.

Administration of Justice Act.-1921.

(c) the reasonable costs of and incidental to the registration of the judgment (including the costs of obtaining a certified copy thereof from the original Court and of the application for registration) shall be recoverable in like manner as if they were sums payable under the judgment.

(4) Rules of Court shall provide

(a) for service on the judgment debtor of notice of the registration of a judgment under this section; and

(b) for enabling the Supreme Court of South Australia, on an application by the judgment debtor, to set aside the registration of a judgment under this section on such terms as the Court thinks fit; and

(c) for suspending the execution of a judgment registered under this section until the expiration of the period during which the judgment debtor may apply to have the registration set aside.

(5) In any action brought in any Court in South Australia on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused, or unless the Court otherwise orders.

7. Where a judgment has been obtained in the Supreme Court of South Australia against any person, the said Court shall, on an application made by the judgment creditor and on proof that the Cf. 10 & 11 Geo. 5, judgment debtor is resident in some part of His Majesty's dominions outside the Commonwealth of Australia with respect to which this Part of this Act applies, issue to the judgment creditor a certified copy of the judgment.

c. 81, s. 10.

Power to make rules.
Cf. ibid., s. 11.

8. Provision may be made by Rules of Court for regulating the practice and procedure (including scales of fees and evidence) in respect of proceedings of any kind under this Part of this Act.

PART III.

Power to make rules as to proof.

Cf. ibid., s. 6.

No. 116 of 1878.

PART III.

MISCELLANEOUS PROVISIONS.

9. The power to make rules conferred by the Supreme Court Act, 1878, shall include--

(a) power to make such Rules of Court as are mentioned in
Part II. of this Act; and

(b) power to make rules for regulating the means by which
particular facts may be proved, and the mode in which
evidence thereof may be given, in any proceedings in the
Supreme Court, or on any application in connection with
or at any stage of such proceedings
10. Where

Administration of Justice Act.-1921.

Judge.

PART III.

Cf. ibid., s. 15.

10. Where, for the purpose of disposing of any action or other Questions of foreign matter which is being tried by a Judge of the Supreme Court or a law to be decided by Special Magistrate with a jury in any Court in South Australia, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the Judge or Special Magistrate alone.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
W. E. G. A. WEIGALL, Governor.

Adelaide By authority, R. E. E. ROGERS, Government Printer, North Terrace.
B*-1461

B1

No. 1462.

An Act to amend the Arbitration Act, 1891.

[Assented to, October 5th, 1921.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited alone as the "Arbitration Act Short titles. Amendment Act, 1921.'

(2) The Arbitration Act, 1891, and this Act may be cited No. 510 of 1891. together as the "Arbitration Acts, 1891 and 1921."

2. This Act is incorporated with the Arbitration Act, 1891, and Incorporation with that Act and this Act shall be read together as one Act.

Arbitration Act, 1891.

3. The Arbitration Act, 1891, is amended by inserting after Insertion of new section 5 thereof the following section:

section after s. 5 of Arbitration Act, 1891.

Power as to appointwhere submission provides for three

ment of arbitrators

arbitrators.

5A (1) Where a submission provides that the reference shall be to three arbitrators, one to be appointed by each party and the third to be appointed by the two appointed by the parties, then, unless the submission expresses a contrary intention-- Cr. 10 and 11 Geo. 5, (a) If one party fails to appoint an arbitrator for seven clear c. 81, s. 16. days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and the award of the arbitrator so appointed shall be binding on both parties as if he had been appointed by

consent:

Arbitration Act Amendment Act.-1921.

(b) If after each party has appointed an arbitrator the two arbitrators appointed fail to appoint a third arbitrator within seven clear days after the service by either party of a notice upon them to make the appointment, the Court or a Judge may, on an application by the party who gave the notice, exercise in the place of the two arbitrators the power of appointing the third arbitrator:

(c) If an arbitrator, appointed either by one of the parties, by the two arbitrators, or by the Court or a Judge, refuses to act, or is incapable of acting, or dies, a new arbitrator may be appointed in his place by the party, arbitrators, or Court or Judge, as the case may be.

(2) The Court or a Judge may set aside any appointment of a person to act as sole arbitrator made in pursuance of this section.

In the name and on behalf of His Majesty, I hereby assent to this Bill. W. E. G. A. WEIGALL, Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.