48 S. 1. Short title and incorporation. Provisional warrant. Cf. 44-5 Vict. c. 69, s. 16. SERVICE AND EXECUTION (COMMONWEALTH) ACT No. V., 1905. An Act to amend the Service and Execution of Process B E it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: 1. This Act may be cited as the Service and Execution of Process Act 1905, and this Act and the Service and Execution of Process Act 1901 shall be read together, and may together be cited as the Service and Execution of Process Acts 1901-1905. 2. Section eighteen of the Service and Execution of Process Act 1901 is hereby amended by adding at the end thereof the following sub-section :— "(5.) Any Justice of the Peace, having jurisdiction in the State or part in which the person against whom the warrant was issued or is supposed to be, may, before the indorsement of the warrant, issue a provisional warrant for the apprehension of that person, on such information and under such circumstances as would in his opinion justify the issue of a warrant if the offence of which that person is accused were an offence punishable by the law of that State or part, and had been committed within his jurisdiction; and the provisional warrant may be executed accordingly. "Provided that a person arrested under a provisional warrant shall be discharged unless the original warrant is produced and indorsed within a reasonable time." This act is now repealed by the Act following, No. 18. of 1912. SERVICE AND EXECUTION (COMMONWEALTH.) No. 18. of 1912. An Act to amend the Service and Execution of Process Act 1901, and to repeal the Service and Executiou of Process Act 1905. BE [Assented to 6th November, 1912.] E it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: 1. (1) This Act may be cited as the Service and Execution Short title of Process Act 1912. (2) The Service and Execution of Process Act 1901 is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Service and Execution of Process Act 1901-1912. and citation. No. 5, of 1905. 2. The Service and Execution of Process Act 1905 is repealed. Repeal of Act 3. Section three of the Principal Act is amended by omitting Definition of from paragraph (b) the words "other mesne". "writ of summons." 4. Section four of the Principal Act is amended by inserting Amendment of after the words 'issued out of" the words "or requiring the section 4. defendant to appear at ". for appearance. 5. Section eight of the Principal Act is amended by omitting Time limited all words after the words " that is to say :-" and inserting in their stead the following paragraphs : "(a) If the writ is issued in the State of Western Australia (b) If the writ is issued in any of the cities of Sydney, Mel- S. 5. Service of summons for offence or complaint in in the Territory of the Seat of Government, for service in any State other than the State of Western Australia, or in the Territory of the Seat of Government-Twenty days; (c) In any other case-Thirty days." 6. Section fifteen of the Principal Act is amended by omitting sub-section (1) and inserting in its stead the following subsection: (1) When a summons has been issued, on information upon oath, by any Court or Judge or Police, Stipendiary, or Special any part of the Magistrate having jurisdiction in any State or part of a State or part of the Commonwealth, commanding any person Common wealth. Amendment of section 16. Backing of warrants for execution in another State or part. (a) who is charged with any offence alleged to have been committed in that State or part, whether the offence is indictable or punishable upon summary conviction; or (b) against whom complaint is made, in that State or part, of his having deserted his wife or child, or left his wife or child without means of support. to appear and answer the charge or complaint or be dealt with according to law, the summons may be served on that person in any other State or part of the Commonwealth." 7. Section sixteen of the Principal Act is amended(a) by inserting after the words requiring any person to appear and give evidence" the words or to produce books or documents," and 66 (b) by inserting after the words "the testimony of such 8. (1) Section eighteen of the Principal Act is amended by omitting sub-section (1) and inserting in its stead the following sub-section "(1) When a warrant has been issued by any Court or Judge or any Justice of the Peace having jurisdiction in any State or part of a State or part of the Commonwealth, for the apprehension or commitment of any person (a) who is charged with any offence alleged to have been com- (c) against whom complaint has been made, in that State or (d) who has failed to comply with an order made against him in that State or part for the support or maintenance of his wife or child; or (e) who has disobeyed or failed to comply with an order made in that State or part for the payment of money or for the doing of some act; or (f) who has failed to pay a fine inflicted by a Court of tha State or part, any Justice of the Peace having jurisdiction in any other State or part of a State or part of the Commonwealth, in or on his way to which that person is or is supposed to be, may on being satisfied that the warrant was issued by that Court or Judge (or in the case of a warrant issued by a Justice of the Peace, upon proof on oath of the signature of the Justice) make an indorsement on the warrant authorizing its execution within that other State or part." amended (2) Section eighteen of the Principal Act is further (a) by omitting from sub-section (3.), paragraph (b), the words and answer the charge "; (b) by inserting at the end of sub-section (3), paragraph (b), (3) Section eighteen of the Principal Act is further amended by adding at the end thereof the following sub-section : S. 8. warrant. '(5) Any Justice of the Peace, having jurisdiction in the Provisional State or part in or on his way to which the person against whom the warrant was issued is or is supposed to be, may, before the indorsement of the warrant, issue a provisional warrant for the apprehension of that person, upon such information and under such circumstances as in his opinion justify its issue; and the provisional warrant may be executed accordingly : Provided that a person arrested under a provisional warrant shall be discharged unless the original warrant is produced and indorsed within a reasonable time." 9. Section twenty-one of the Principal Act is amended by Registration of repealing sub-section (2) and inserting in its stead the following judgments and sub-section : '(2) From the date of registration the certificate shall be a record of the Court in which it is registered, and shall have the same force and effect in all respects as a judgment of that Court, and the like proceedings (including proceedings in bankruptcy or insolvency) may be taken upon the certificate as if the judgment had been a judgment of that Court, and interest shall be payable thereunder at the rate and from the date set out therein." 10. After section twenty-two of the Principal Act the following section is inserted : proceedings thereunder. 22A. (1) The Court in which any such certificate of a Costs of proceedings judgment has been registered may, upon being satisfied that the under this Act. registration of the judgment was reasonably justified under the circumstances, order that the plaintiff's costs of registration and other proceedings under this Act, to an amount to be assessed by the Court of Judge, but not exceeding the amount prescribed, be paid by the defendant to the plaintiff. (2) Any such order shall be deemed to be incorporated with the certificate, and the amount payable thereunder to be payable under the certificate." 11. The Third Schedule to the Principal Act is amended Form of certificate. by inserting in the heading of the sixth column, after the words ordered to be paid," the words "the rate of interest (if any) payable thereon, and the date from which it is payable." 52 Short title and commencement. Repeal of ss. 6, 7, and 8 of Act of 1900. Appointment of judges. Repeal of s. 9 (1). Ibid. Puisne judges. SUPREME COURT AND CIRCUIT COURTS (AMENDMENT) ACT, 1912. ACT No. IX., 1912. An Act to amend the Supreme Court and Circuit Courts Act, 1900; and for purposes consequent thereon or incidental thereto. [Assented to, 4th April, 1912.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— Preliminary. 1. This Act may be cited as the Supreme Court and Circuit Courts (Amendment) Act, 1912." This Act shall commence and come into force on the first day of July, one thousand nine hundred and twelve. The Judges. 2. Sections six, seven, and eight of the Supreme Court and Circuit Courts Act, 1900, are hereby repealed, and the following section is substituted therefor : 6. Whenever the office of Chief Judge in Equity, Judge exercising the Matrimonial Causes Jurisdiction of the Court, Probate Judge, or Judge in Bankruptcy becomes vacant, the Governor may appoint one of the judges to such office. 3. (1) Subsection one of section nine of the same Act is repealed, and the following is inserted in its place :— (1) The Governor may from time to time, by commission under the great seal, in His Majesty's name, appoint fit and proper persons to be puisne judges of the Supreme Court" Provided that when the number of puisne judges amounts to seven or more the Governor may exercise the power conferred by this section only on resolutions of both Houses of Parliament that the state of business requires |