S. 11. Proof of Votes 11. (1) All copies of the Votes and Proceedings of either House of the Parliament of any State, if purporting to be printed and Proceedings by the Government Printer of that State, shall on the mere of State Parlia- production of the same be admitted as evidence thereof in all See 8 & 9 Vic. Courts within the Commonwealth. ments. c. 113, s. 3. Qd., ibid. s. 9. Fed. Council, 49 Vic. No. 2, s. 5. Proof of (2) In this section "Votes and Proceedings" shall be deemed to include Journals and Minutes, and any papers purporting to be printed by the authority of and to be laid before either House of the Parliament of a State. PROOF OF CERTAIN MATTERS. 12. The mere production of a paper purporting to be the Gazette of State, Government Gazette of a State shall in all Courts within the ComSee No. 1088 monwealth be evidence that such paper is such Government F.C., ibid. s. 4. Gazette and was published on the day on which it bears date. (Vic.), s. 24. Proof of printing by Government Printer of 13. The mere production of a paper purporting to be printed by the Government Printer of a State or by the authority of the Government of a State shall in all Courts within the ComSee Qd., ibid. monwealth be evidence that such paper was printed by such Government Printer or by such authority. State. s. 12. Proof of act done by Governor or See No. 1088 By-laws and regulations. No. 11, s. 27. 14. Where by any law at any time in force the Governor of a State or a Minister of the Crown for a State is authorized or empowered to do any act whatsoever, production of the Government Gazette of the State purporting to contain a copy or notification of any such act shall in all Courts within the Commonwealth be evidence of such act having been duly done. 15. Where, by any State Act, power to make by-laws or See N.S.W. 1898 regulations is conferred upon any person or body, any printed paper purporting to be such by-laws or regulations, and to be printed by the Government Printer of the State, or by the authority of the Government of the State, shall in all Courts within the Commonwealth be evidence Proof of of company. (a) That by-laws or regulations in the words printed in such paper were duly made by such person or body; and (b) that such by-laws or regulations have been approved of or confirmed by the Governor of the State, if they appear by such paper to have been so approved of or confirmed. 16. (1) All Courts within the Commonwealth shall admit as evidence of the incorporation of a company incorporated or See Qd., ibid. registered in any State a certificate of the incorporation or regis s. 13. See N.S.W. 1898 tration thereof which purports to be signed by the Registrar or an Assistant or Deputy-Registrar of companies in that State, and the date of incorporation or registration mentioned in such certificate shall be evidence of the date on which the company was incorporated or registered. (2) Any copy of or extract from any document kept and registered at the office for the registration of companies in any State, if certified under the hand of the Registrar or an Assistant or Deputy-Registrar, shall in all Courts within the Commonwealth be admissible in evidence in all cases in which the original document is admissible in evidence and for the same purposes and to the same extent. PROOF OF JUDICIAL PROCEEDINGS. S. 16. ceedings of 17. Evidence of any judgment decree rule order or other Proof of judicial proceeding of any Court of a State, including any affi- Judicial prodavit pleading or other legal document filed or deposited in any State Court. such Court, may be given in all Courts within the Commonwealth See N.S.W. by the production of a copy thereof (a) proved to be an examined copy thereof; or (b) purporting to be sealed with the seal of such Court; or SUPPLEMENTAL. No. 11, s. 21. No. 1088 (Vic.) s. 16, U.S. credit to be ments properly 18. All public acts records and judicial proceedings of Faith and any State, if proved or authenticated as required by this Act, given to docushall have such faith and credit given to them in every Court authenticated. and public office within the Commonwealth as they have by See Constitution law or usage in the Courts and public offices of the State from U.S. Stat. II. whence they are taken. 19. The provisions of this Act shall be in addition to not in derogation of any powers existing at common law, given by any law at any time in force in any State. See In the Estate of Jas. Brown, see note to sec. 5 (supra). s. 118. 1790, c. 11; Stat. I. 1804 c. 56. and This Act not to or derogate from existing powers. Qd., ibid. s. 14. F.C., ibid. s. 7. S. 1. SERVICE AND Repeal of Acts of ACT No. XI., 1901. An Act to provide for the Service and Execution throughout the Commonwealth of the Civil and Criminal Process and the Judgments of the Courts of the States and of other parts of the Commonwealth, and for other purposes connected therewith. [Assented to 16th October, 1901.] E it enacted by the King's Most Excellent Majesty the Senate Australia as follows: PART I.--PRELIMINARY. 1. This Act may be cited as the Service and Execution of Process Act 1901" and is divided into Parts as follows::PART I.-PRELIMINARY-ss. 1-3. PART II.-SERVICE OF PROCESS. SERVICE OF WRITS OF SUMMONS-Ss. 4-13. PART III.-EXECUTION OF WARRANTS, &C.-ss. 18, 19. 2. (1) The Acts of the Federal Council of Australasia Federal Council, mentioned in the First Schedule hereto, so far as the same may be in force in any State, are hereby repealed. Definitions. (2) This repeal shall not affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any Act so repealed, or affect any legal proceeding or remedy in respect of any such right, privilege, obligation, or liability; and any such legal proceeding or remedy may be instituted, continued, or enforced as if this Act had not been passed. 3. In this Act unless the contrary intention appears(a) "Suit" means any suit action or original proceeding between parties or in rem; (b) "Writ of summons" includes any writ or other mesne process by which a suit is commenced or of which the object is to require the appearance of any person against whom relief is sought in a suit or who is interested in resisting such relief; (c) "Court" includes any Judge or Justice of the Peace acting judicially; (d) "Court of Record" includes any Court which is required to keep a record of its proceedings; (e) "Party" includes the Commonwealth or a State or any (ƒ) “Plaintiff” includes the King or any person suing on (g) "Defendant" includes any party against whom relief is (h) "Judgment" includes any judgment decree rule or order given or made by a Court in any suit whereby any sum of money is made payable or any person is required to do or not to do any act or thing other than the payment of money. Writ of summons.-Includes a summons in Petty Sessions (in Victoria) : Rex v. Panton, Ex parte Fallshaw, (1902) 8 A.L.R. 172. Court of Record. Under section 65 of the Victorian Justices Act, 1890 (No. 1105) the clerk is required to keep a register to record the proceedings of the Court, so that in Victoria a Court of Petty Sessions becomes a Court of Record for the purposes of this Act: Ibid. Quaere, if this be so with regard to Courts of Petty Sessions in N.S.W., under the Justices Act, 1902. PART II. SERVICE OF PROCESS. Service of Writs of Summons. S. 3. mons may be Commonwealth. 4. (1) A writ of summons issued out of any Court of Writ of sumRecord of a State or part of the Commonwealth may be served served in any on the defendant in any other State or part of the Commonwealth. part of the (2) Such service may, subject to any Rules of Court 49 Vict. No. 3 which may be made under this Act, be effected in the same manner as if the writ were served on the defendant in the State Mode of service. or part of the Commonwealth in which the writ was issued. Rules of Court.-See Rules 3, 4, 5, and 6 of 23rd of December, 1902 (post); p. 495. Cf. notes to ss. 15, 16 and 17 of the C.L.P. Act, 1899 (ante). (Fed. Council), s. 3. on writ for 5. (1) Every writ of summons for service under this Act Indoresment out of the State or part of the Commonwealth in which it was service outside issued shall, in addition to any other indorsement or notice State. required by the law of such State or part of the Commonwealth, 49 Vict. No. 3 have indorsed thereon a notice to the following effect (that is to say) : "This summons [or as the case may be] is to be served out of the State [or as the case may be] of State [or as the case may be] of and in the (F.C.), s. 4. S 6. Effect where writ of summons not properly indorsed. 49 Vict. No. 3 (F.C.), s. 5. 15 & 16 Vict. c. 76, s. 20. Concurrent writs may be issued. Ibid. s. 22. Time limited for appearance. s. 6. (2) Every such writ of summons to which, by the law of such State or part, an appearance is required to be entered, shall have indorsed thereon a notice to the following effect (that is to say) :- "Your appearance to this summons [or as the case may be at at which address proceedings and notices. for you may be left." (3) Every writ of summons for service under this Act shall also contain or have indorsed thereon or annexed thereto a short statement of the nature of the claim made or the relief sought by the plaintiff in the suit, and if the plaintiff sues in a representative capacity shall also state such capacity. 6. If a writ of summons or copy thereof does not bear all the indorsements hereby required it shall be ineffective for service under this Act. 7. A writ of summons for service out of the State or part of the Commonwealth in which it was issued may be issued as a concurrent writ with one for service within such State or part of the Commonwealth and shall in that case be marked as concurrent. See C.L.P. Act, s. 11 (ante). 8. The time to be limited by the writ of summons for apIbid. (F.C.) c. 76, pearance being entered or made by the defendant shall be such as may be prescribed by the Rules of the Court out of which it is issued, but shall not be less than the following, that is to say : Appearance to state address for service. (a) If the writ is issued or is to be served in the State of Western Australia or in the Northern Territory of the State of South Australia-Forty-five days; (b) In any other case-Thirty days. Time for Appearance.-See R. 34 Reg. Gen. of 22nd December, 1902 (ante). 9. (1) Every appearance entered by or on behalf of a defendant to a writ of summons served on him under this Act 49 Vict. No. 3, shall give an address at some place within five miles of the office 15 & 16 Vict. of the Court out of which the writ was issued, at which address all proceedings and notices may be left for him. (F.C.), s. 7. c. 76, s. 30. Order for plainuff to give security for costs. (2) If such address is not given or is fictitious or illusory the appearance may be set aside as irregular. See under the C.L.P. Act, 1899, s. 28 of that Act and RR. 394 et seq., Reg. Gen. of 22nd December, 1902 (ante). 10. Any defendant who has been served under this Act with a writ of summons may apply to the Court out of which the writ was issued, or a Judge thereof, for an order compelling the plaintiff to give security for costs, and upon such application the Court or Judge may make the order. Security for Costs.-See Security for Costs, p. 153 (ante). This section does not entitle a defendant who has been served with a writ issued in a State other than that iniwhich he resides, to obtain as of course an order for security |