Arrest on Mesne Process Act 1902 (ACT)

Arrest on Mesne Process Act 1902 (repealed)   

A1902-24

Republication No 3

Effective:  10 January 2005

Republication date: 10 January 2005

As repealed by A2004-60 s 4

(republication for amendments and repeal by A2004-60)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Arrest on Mesne Process Act 1902 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 January 2005. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Arrest on Mesne Process Act 1902 (repealed)

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Definitions for Act  2

Part 2Arrest and bail

Part 3Discharge

Endnotes

1. About the endnotes  3

2. Abbreviation key  3

3. Legislation history  4

4. Amendment history  5

5. Earlier republications  7

Arrest on Mesne Process Act 1902 (repealed)

An Act to consolidate the enactments relating to arrest on mesne process

Part 1Preliminary

1. Name of Act

   This Act is the Arrest on Mesne Process Act 1902.

2. Definitions for Act

   In this Act:

   NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

   capias means capias ad respondendum.

   court means the Supreme Court.

   judge means a judge of the Court.

Part 2Arrest and bail

Part 3Discharge

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   This Act was originally a NSW Act—the Arrest on Mesne Process Act 1902 No 24 (NSW).

   The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.

   Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).

   The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted some NSW Acts in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.

   Under the Interpretation Act 1967, s 65 (now expired) all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   NSW legislation

   Arrest on Mesne Process Act 1902 No 24

   notified 31 July 1902
   commenced 31 July 1902

   as amended by

   Commonwealth legislation

   New South Wales Acts Application Ordinance 1984 No 41

   notified 10 August 1984
   commenced 10 August 1984

   Legislation after becoming Territory enactment

   Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.5

   notified 5 September 2001 (Gaz 2001 No S65)

   commenced 5 September 2001 (s 2 (1))

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.4

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
   sch 1 pt 1.4 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   as repealed by

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 s 4

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
   s 4 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

2. Amendment history

   The New South Wales Acts Application Act 1984 (previously the New South Wales Acts Application Ordinance 1984), sch 2, pt 4 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT.  (In its amended form, s 2, pt 4 (ss 15 to 35) and the schedule were omitted).  This endnote, therefore, only details amendments made after that date.

   Name of Act

   s 1sub 2001 No 56 amdt 3.5

   No arrest on mesne process except under div 6.1

   s 4 hdgam A2004-60 amdt 1.10

   s 4am A2004-60 amdt 1.11

   reloc to Court Procedures Act 2004 as s 63 by A2004-60 amdt 1.12

   Order to hold to bail

   s 5reloc to Court Procedures Act 2004 as s 64 by A2004-60 amdt 1.12

   Issue of writ of capias

   s 6am A2004-60 amdt 1.13, amdt 1.14

   reloc to Court Procedures Act 2004 as s 65 by A2004-60 amdt 1.15

   Execution of writ

   s 7reloc to Court Procedures Act 2004 as s 66 by A2004-60 amdt 1.15

   Order and arrest to be during pendency of action

   s 8reloc to Court Procedures Act 2004 as s 67 by A2004-60 amdt 1.15

   Defendant to remain in custody until bail bond given or deposit made

   s 9reloc to Court Procedures Act 2004 as s 68 by A2004-60 amdt 1.15

   Subsequent proceedings subject to rules of court

   s 10reloc to Court Procedures Act 2004 as s 69 by A2004-60 amdt 1.15

   Application for order nisi for discharge

   s 11reloc to Court Procedures Act 2004 as s 70 by A2004-60 amdt 1.15

   Proceedings on order nisi

   s 12reloc to Court Procedures Act 2004 as s 71 by A2004-60 amdt 1.15

   Appeal

   s 13reloc to Court Procedures Act 2004 as s 72 by A2004-60 amdt 1.15

   Discharge on bankruptcy

   s 14reloc to Court Procedures Act 2004 as s 73 by A2004-60 amdt 1.15

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1984 No 41	31 August 1992
2	A2001-56	15 August 2002