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COMMONWEALTH ACTS.

STATE LAWS AND RECORDS
RECOGNITION ACT 1901.

S. 1.

ACT No. V., 1901.

An Act to provide for the recognition throughout the
Commonwealth of the Laws, the Public Acts and
Records, and the Judicial Proceedings of the States.
[Assented to 5th September, 1901.]

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E it enacted by the King's Most Excellent Majesty the Senate and the House of Representatives of the Commonwealth of Australia as follows:

PRELIMINARY.

1. This Act may be cited as the State Laws and Records Short title. Recognition Act 1901."

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2. In this Act, unless the contrary intention appears
Court" includes all judges and justices and all arbitrators
under any Act or State Act, and all persons authorized
by law or by consent of parties to hear receive and
examine evidence.

Courts within the Commonwealth" includes the High
Court and all Federal Courts and Courts exercising
federal jurisdiction, the Inter-State Commission when
sitting as a Court for the hearing or determination of
any matter, and all Courts of the several States and
parts of the Commonwealth.

"The Governor of a State" means the person for the time
being administering the Government of a State, and
includes the Governor of a State with the advice of the
Executive Council thereof.

JUDICIAL NOTICE.

Definitions.

State laws to be

3. All Courts within the Commonwealth shall take judi- judicially cial notice of all Acts of the Parliament of any State.

4. All Courts within the Commonwealth shall take judicial notice of the impression of the seal of any State without evidence of such seal having been impressed or any other evidence relating thereto.

noticed.
See Qd., 62 Vic.
No. 15, s. 3.

Fed. Council,
Seals of States

49 Vic. No. 2.

to be judicially noticed.

See Qd., ibid

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5. All Courts within the Commonwealth shall take judicial notice

(a) of the signature of any person who holds or has held in any State the office of Governor, Judge of the Supreme Court, Prothonotary, Master Registrar or Chief Clerk of the Supreme Court, Judge or Commissioner of any Court of Bankruptcy or Insolvency, Curator of Intestate Estates, Commissioner of Titles, Registrar of Titles, Assistant or Deputy Registrar of Titles, RegistrarGeneral, Assistant or Deputy Registrar-General, Government Statist, Assistant or Deputy Government Statist, Judge or Presiding Magistrate of any County Court or District or Local Court or Court of Mines, Chairman of any Court of General or Quarter Sessions, or Police or Stipendiary or Special Magistrate or Justice of the Peace, or any office corresponding to any of the aforesaid offices, or any office to which the GovernorGeneral may by Order published in the Gazette declare this section to apply; and

(b) of the seal of every such Court or person;

if such signature or seal purports to be attached or appended to any decree, order, certificate, or other judicial or official document.

Semble. The appointment of a Justice of the Peace in another State may be proved in Courts of Petty Sessions in Victoria by production of the local Government Gazette containing the order-in-council appointing him: Rex v. Panton, (1902) A.L.R. 172.

Justices of the Peace.-An application was made on June 19th, 1902, to a' Beckett, J., on behalf of the administrator for an order dispensing with sureties to the administration bond. The affidavits in support showed circumstances which warranted the Court in making the order asked for; the only difficulty arising from the fact that these affidavits had been sworn before a Justice of the Peace at Temora, N.S.W.

There was no verification of the signature, but a certificate signed by the Prothonotary of the Supreme Court of N.S.W. was filed, to the effect that an affidavit so sworn would be receivable in probate matters in N.S.W.

His Honour reserved his decision, and on July 2nd stated that he would make the order as sought: In the Estate of Jas. Brown, (1902) 8 A.L.R. C.N. 53.

PROOF OF CERTAIN DOCUMENTS.

6. (1) Evidence of any proclamation, commission, order, or regulation issued by the Governor of a State, or by or under the authority of any Minister of the Crown for a State, may be given in all Courts within the Commonwealth--

(a) by the production of the Government Gazette of the State purporting to contain the same; or

(b) by the production of a document purporting to be a copy thereof, and purporting to be printed by the Government Printer of the State, or by the authority of the Government of the State; or

(c) by the production (in the case of any proclamation, commission, order, or regulation issued by the Governor of a State) of a copy or extract purporting to be certified to be true by the Clerk of the Executive Council of the State; or

(by the production (in the case of any proclamation,

commission, order, or 'regulation issued by or under the
authority of any Minister of the Crown for a State) of
a copy or extract purporting to be certified to be true
by any Minister of the Crown for the State.

(2) No proof shall be required of the handwriting or official position of any person certifying in pursuance of this section.

Government Gazette.-See Rex v. Panton, (1902) A.L.R. 172, quoted in note to the preceding section.

S. 6.

clamations and

7. Evidence of any proclamation or other act of state of Proof of proany State may be given in all Courts within the Commonwealth Acts of State. by the production of a copy thereof either --

(a) proved to be an examined copy thereof, or

(b) purporting to be sealed with the seal of that State.

See No. 11, 1898 (N.S.W.), s. 17.

8. Whenever by any State Act at any time in force in Proof of certain any State

(a) any public document; or

(b) any record required by law to be kept of any public document or proceeding; or

(c) any certified copy of any public document or by-law or of any entry in any public register or book.

is admissible in evidence for any purpose in that State, it shall be admitted in evidence to the same extent and for the same purposes, in all Courts within the Commonwealth if it purports to be sealed or impressed with a stamp, or sealed and signed, or signed alone, or impressed with a stamp and signed, as directed by such State Act, without any proof of such seal stamp or signature or of the official character of the person appearing to have signed the same, and without any further proof thereof in every case in which the original document could have been received in evidence.

public docu

ments.
See 8 & 9 Vic.
c. 113, s. 1.
Qd,, ibid. s. 11

document

9. Any public document which by any law at any time in Public force in any State is admissible in evidence for any purpose in any admissible in Court of that State without proof of

any State without proof to be admissible throughout the

(a) the seal or stamp or signature authenticating the same, or (b) the judicial or official character of the person appearing Commonwealth. to have signed the same,

See 14 & 15 Vic. c. 99, s. 11.

shall be admissible in evidence to the same extent and for the Qd., ibid. s. 7 same purposes in all Courts within the Commonwealth without such proof.

documents of

10. Whenever any book or other document of any State Proof of public is of such a public nature as to be admissible in evidence in that books and State on its mere production from the proper custody, any copy States. thereof or extract therefrom shall be admissible in evidence in See 14 & 15 Vic. all courts within the Commonwealth if—

(a) it is proved to be an examined copy or extract; or (b) it purports to be signed and certified as a true copy or extract by some officer of that State, who shall further certify that he is the officer to whose custody the original is trusted.

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c. 99, s. 14.
Qd., ibid. s. 8.

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