Common Law Practice Act Amendment Act of 1964 (Qld)

366 Qtteena[unb^ ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1964 0 An Act to Amend the "Common Law Practice Act of 1867," in regard to the Failure of Witnesses to Attend Court [ASSENTED TO 2ND NOVE MBER, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act may be cited as " The Common Law Practice Act Amendment Act of 1964." (2) Collective title . " The Common Law Practice Acts, 1867 to 1940 " as amended by sections six and seven of "The Law Reform (Limitation of Actions) Act of 1956 " and this Act may be collectively cited as " The Common Law Practice Acts, 1867 to 1964." 2. Repeal of and new s. 75. Section seventy-five of the " Common Law Practice Act of 1867 " is repealed and the following section is inserted in its stead:- " [75.] Witnesses failing to attend . (1) Where, in any proceeding in or before the court or a judge, whether in civil or criminal jurisdiction, a person fails to attend as a witness, or to produce any books, deeds, papers or writings, in accordance with a recognizance or subpoena thereunto binding or requiring him, the court or judge may issue its or his warrant to bring and have that person at the time and place therein specified before the court or judge therein named.

Common Law Practice Act Amendment Act of 1964 , No. 38 367 This subsection applies in respect of- (a) recognizances entered into; and (b) subpoenas served, before, as well as on or after, the enactment hereof. (2) So far as relates to securing the attendance and punishing the non-attendance of witnesses and to rights and remedies had by parties against witnesses for failure to attend. this section applies in aid of and not in derogation from the jurisdiction had by a court or judge otherwise than under this section, and so that a warrant under this section shall not prejudice or affect in any way any such other jurisdiction or the aforesaid rights and remedies." 3. Repeal of s. 76. Section seventy-six of the " Common Law Practice Act of 1867 " is repealed.