Absent Defendants Act 1854 No 6a (NSW)

said

No. VI.

An Act to revive the Absent Defendants Act and

to amend the same. [29th July, 1854.]

W H E R E A S Ac t of 1853 " has rendered t h e Act of Counci l passed in t h e

it h a t h been held t h a t " The Common L a w Procedure

four th year of H e r present Majes ty ' s re ign in t i tu led " An Act to con-

" solidate and amend the Laws relating to Actions against persons

" absent from the Colony and against persons sued as joint contractors" inoperat ive so far as t he same relates to proceedings by foreign a t t ach­ m e n t by reason of t h e a l te ra t ion m a d e b y the first-mentioned A c t in

t h e mode of serving and r e t u r n i n g wr i t s of s u m m o n s and of o the r

provisions there in contained A n d whereas i t is expedient t o revive t h e

said las t -ment ioned Ac t a n d to amend t h e same in t h e par t i cu la rs hereinaf ter men t ioned Be i t therefore enacted by His Excel lency t h e Governor of N e w South W a l e s with t he advice and consent of t h e Legis la t ive Counci l thereof as follows :—

1. The provisions in t he said secondly recited Act shall after t he pass ing of th i s A c t be in full force and effect a n y t h i n g in t h e said

Common	Law	P r o c e d u r e	Act	contained	to	t h e	con t ra rv	no twi th -
s tand ing .

2. A n indorsement u p o n the wr i t of s u m m o n s issued in any

act ion b r o u g h t in t h e Supreme Cour t made by t h e officer or person who shall be charged or in t rus ted wi th t h e service thereof upon any defendant in such act ion to t he effect t h a t he has made dil igent search for such defendant and has been unable to find h i m is and shall be of the same force a n d effect within the m e a n i n g of t he said secondly reci ted A c t as a r e t u r n of non est incentus by t he Sheriff or his D e p u t y to a wr i t of summons or of capias according to t he pract ice a t t h e

t ime of pass ing t h a t Ac t .

3. The provisions of the said secondly recited Ac t shall apply to any defendant who shall be absent from the Colony a t t he t ime of proceeding t h e r e u n d e r no twi ths t and ing tha t he m a y have been wi th in t h e Colony a t t h e time of issuing t h e wr i t of summons against h i m Provided tha t it shall appear by affidavit t h a t reasonable efforts were made a n d w i t h due dil igence to serve such summons on h im b u t

w i thou t effect.