The publishers believe that this will be an added convenience when using the work. Instead of being displayed in the margin, however, they have been moved into the body of the page.
THE PUBLISHERS
Kennedy Allen, who throughout has taken a large part in the work and in addition prepared the index. We are indebted to the Incorporated Law Reporting Council for the State of Queensland for permission to quote freely from the key notes of their reports in the notes.
CROSS REFERENCES
Diseases in Plant Laws Amendment Act of 1934: 316 Diseases in Plant Laws and Fruit and Harvest Act. Wheat Advances Agreement Ratification Act of 1921. For a list of laws in effect regarding certain bridges (which are not reprinted), see Local, Personal, and Private Laws section.
ABORIGINALS
15, post, Aboriginal Protection and Restriction of Sale of Opium Acts Amendment Act of 1D27, s. -38) i 'rhe Protection of Aborigines and Restraint of the Sale of Opium Amending Act R of 1934, post, provides for the establishment.
THE NATIVE LABOURERS' PROTECTION ACT OF 1884
A license is necessary to employ aboriginals and half-castes (The Aboriginals Protection and Restriction of the Sale of Opium Act, 1901, s. 11 of The Pearl-shell and B~che-de-mer Fishery Act of 1881 (title FISHERIES) was repealed by section
Averment in complaint sufficient evidence of certain matters.- In every prosecution for an offence against any of the provisions of
This section applies to all proceedings under the Aboriginal Protection and Restriction of the Sale of Opium Acts, 1897 to 1934. Persons by whom certain proceedings may be brought. - All actions and proceedings against anyone for the recovery of any person.
Persons by whom certain proceedings may be instituted.-All actions and proceedings against any person for the~ recovery of any
De Aboriginals Protection and Restriction of the Sale of Opium Acts Amendment Act van 1934 (respectievelijk 25 Geo. 4 en 9 van de Aboriginals Protection and Restriction of the Sale of Opium Act, 1897, ante.
ACCOMMODATION FOR WORKERS
ACCOUNTS
ACQUISITION OF SUGAR
ACTING JUDGES
ACTIONS
The rules of interpretation contained in the Abridgement of Acts Act 1867, post, are applicable to the Supreme Court Rules of 1900, by Ord. Entire Statute to be Considered.-As to consideration of the entire statute, see Brett v.
THE ACTS SHORTENING ACTS
6 of the Shortening Act Amendment Act of 1903, p<~st, and in the side note umler the powers conferred by s. As to the constitution of the Legislature, see title CONSTITUTION, especially the Constitution Amendment Act of 1922.
Mode of pleading affirmation in lieu of oath. 6 and 7 Vic
Citing actions in the first list. – Any act mentioned in the First Schedule to this act may, without prejudice to any other method of citation, be cited by the short title mentioned in that behalf. Citing groups of acts in another list [and other groups]. - Each of the groups of acts mentioned in the second list to this act may, without prejudice to any other method of citation, be cited by the common title therein given in that name.
Vol. L
An Act to amend an Act entitled "An Act to regulate the temporal affairs of the Presbyterian churches and chapels connected with the Church of Scotland in the colony of New South Wales." An Act to amend an Act entitled "An Act for the further and better regulation and acquisition of seamen within the colony of New South Wales and its dependencies and for the establishment of a water policy" and further to amend the Act relating to the administration of seamen in the merchant navy service.
Vol. I
An Act to enable certain Public Hospitals Hospitals Act to Sue and Sue in Name 1847. An Act to further Amend" the Pacific Island Laborers Act.
The Victoria Bridge Act Amendment Act of 1898 The Queensland Trustees, Limited, Act.s, 1888 and 1892 The Union Trustee Company of Australia, Limited,. Maritime Amendment Act of 1874 Maritime Amendment Act of 1895 Friendship Association Act of 1894*.
Judicial notice of reprints shall be taken by all courts and persons acting judicially. I, , Attorney-General for the State of Queensland, c1o hereby certify that the reprint of the Public Acts, with changes incorporated, as contained in this volume of the publication, to be published under the title "The Public Acts of Queensland (" Reprint) ,” properly states the law enacted by the several laws contained therein as.
ADMINISTRATION OF ESTATES OF DECEASED PERSONS
3, which were passed in consequence of the increased usurpation by the Admiral's Court of the jurisdiction of the common law courts. The Judicature Act of 1873 (Imperial) transferred jurisdiction from the High Court of Admiralty to the Probate, Divorce and Admiralty Division of the High Court.
Copy of the ship's articles and the register. A copy of the ship's articles and the signatures thereof, as well as a copy of the register (duly proved at any trial to be a true copy of the ship's articles or register) of such ship or A ship to be arrested pursuant to a trial issued by the Vice-Admiralty Court shall be evidence in all civil and criminal proceedings of the contents of the ship's articles and of the signatures thereof and of the register of such ship or vessel, as aforesaid.
THE NAVAL AGENCY AND DISTRIBUTION ACT, 1864
- Appointment of ship's agent.-The ship's agent shall be appointed from time to time at pleasure by the commanding officer of
- Unincorporated partnership may be ship's agent.-A partner- ship body, not incorporated, may be appointed a ship's agent; and in
- Change of comma.t1ding officer not to affect agent.-The appoint- ment of the ship's agent shall not be affected by a change of the com-
- Office of ship's agent.- The ship's agent shall at all times have an office or place of business within five miles of the General Post
- Ship's agent to be amenable to High Court of Admiralty.-The ship's ager~t shall be subject to the jurisdiction and authority of the
An official copy of such instrument under the seal of the High Court of Admiralty shall be conclusive evidence thereof. The names () of the partners shall at the time of appointment, and from time to time on any change occurring, be registered in the office of the Accountant-General () of the Navy, and in the register of the High Court of Admiralty .
See, generally, as to the prize jurisdiction of the High Court of Admiralty, the English and Empire Digest, vol. The vessel shall remain in the custody of the marshal, or of the officer of the sttch () subject to the orders of the court.
THE PRIZE COURT RULES 1914
Extension of powers to transfer proceedings to prize courts.— See a of the Prize Courts Act, 1915 (which relates to transfer of proceedings against a ship or cargo from one prize court to another)~. Now, therefore, His Majesty, by virtue of the powers in this behalf by the aforesaid Act or otherwise vested in him, is pleased, by and by athicc of his Privy Council, to order, and hereby is ordered, as follows:-.
ORDER I
34;Sue" shall (for the purpose of proceedings in any cause or action) include the defendant's solicitor (if any); "Judge" shall mean any Judge of the Court acting in. the Divorce and Admiralty Division of the High Court or any Court of a British possession duly authorized to exercise prize jurisdiction.
ORDER II
The service of a warrant in a case instituted in accordance with the aforementioned rule 6 shall be done by the prisoner filing the warrant in the court office, and notice of the initiation of the case shall be given in the manner determined by the judge. Service of the warrant may be permitted out of jurisdiction with the permission of the judge.
ORDER III
Where the person to whom the summons is to be served outside the jurisdiction is not a British subject, or the ship is not owned by a British subject, the notice of the summons and not the summons itself will be served. If a summons is issued in respect of a ship claiming to be neutral, notice of the institution of the case shall be sent by the Registrar to the consular officer of the State to which the ship claims to belong.
ORDER IV
ORDER V
Where, after a suit has been instituted, the prisoners fail to take any of the steps within the respective times fixed in these rules, or, in the opinion of the Judge, fail to prosecute the suit with effect for sentence, the Judge may per . Any person interested in a ship may, without issuing a writ, in the circumstances mentioned in rule 1, provided that he does not intend to make a claim for repayment or compensation, by writ request that the prisoners proceed to judgment, and the judge may, after the hearing of such writ, order the prisoners to proceed to judgment, or make such other order as he may think fit.
ORDER VI
ORDER VII
ORDER VIII
ORDER X
ORDER XI
When the judge orders that unloaded goods be inventoried and stored, unless the judge orders otherwise, it remains. The judge may, if he thinks fit, at the request of any party to the award proceeding, order any property to be retained by the court or direct that the subject matter of the award proceeding be inspected by any party or any person appointed by the court.
ORDER XII
ORDER XIII
At the request of the appropriate officer of the Crown, a release order will be issued at any time before judgment. A release may be issued without a court order unless there is a reservation against the release of the property.
ORDER XVI
Where any shipping documents or other documents are required to be translated for use in the case, such translation shall be made by an interpreter appointed by the party desiring to use such translation or, if necessary, by a person appointed by the judge for that purpose. Notwithstanding anything contained in these HnleRs, the proper officer of the Gnrwn may apply to a Magistrate for l0av (~ to conduct interrogatories for the examination of any person who is a party to the proceedings or not.) This rule is added to the order. in Couneil April :2fl, 1!) 1 li.
ORDER XVII
44 in Annex A, or in another form as the circumstances of the case require. The costs of and associated with all award proceedings shall, unless otherwise provided by agreement or by law, be at the discretion of the judge.
ORDER XIX
ORDER XX
Any party affected by any order or decision of the Registrar may appeal to the Judge by summons, and such appeal shall be made within three days of the order appealed from. An appeal against the decision of the Registrar in chambers shall not suspend any proceedings unless the Judge or Registrar so directs.
ORDER XXI
Provided that the Registrar shall only transact such business and exercise such authority and jurisdiction as he is empowered to transact similar business and exercise the same authority and jurisdiction in matters arising within the general jurisdiction of the Court. Affidavits made within the jurisdiction shall be made before the judge, registrar, commissioner or officer authorized under these rules.
ORDER XXII
The receipt of an affidavit as HJH.V is permitted if the affidavit is sworn before the lawyer of the party of whom!~. Any written consent or agreement, signed by the parties or by their attorneys, may, if the Registrar considers it reasonable, be entered, and shall thereafter become an order of the Court, and have the same effect as if such order had been entered. made by the judge.
ORDER XXIV
ORDER XXV
ORDER XXVI
No money shall be paid out of court except pursuant to an order or order of the judge. 34;'\V~here in any case of requisition pursuant to this executive order, it is allowed to appear on behalf of the Crown for Jmlge that the Crown wishes to requisition.
ORDER XXX
If the owner defaults, the Judge may direct a warrant to issue for the arrest of the ship on such ship as falls within the jurisdiction of the Court, and may order a sale of the ship and payment of the award must be made. of the progress:-;. No order or order for the payment of salvage to salvagers shall be made unless and until the Judge is satisfied that no persons other than the said salvagers are entitled to share in such salvage.
ORDER XXXI
If the respondent acknowledges the right of the petitioner to share, he must file an acknowledgment in the Register. The witnesses in support of the application must be examined before the Judge in Court, or their evidence can be given by affidavit.
ORDER XXXV
The seal of the Court to be used for the purposes of these Rules shall be such as the President may from time to time direct. Any document issued under the seal of the Court shall bear the date on the day of its sealing and shall be deemed to have been issued at the time of its sealing.
ORDER XLIII
There was no just ground for the capture and bringing in of the said ship. To the Marshal of the (insert the name of the Prize Go1trt here), Greetings.
Vol. I
