Federal Council Referring Act 1889 (WA)

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ANNO QUINQUAGESIMO TERTIO

VICTORIA, REGINA,.

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No. XX.

AN ACT to refer two several matters to the Federal Council of Australasia for the exercise of Legislative Authority thereon.

[Assented to, 4th December, 1889.]

HEREAS it is provided by the Act of the Imperial Parlia-

W1885," that the . Federal Council of Australasia shall have legislativement, intituled The Federal Council of Australasia Act,

authority in respect to such of the matters therein mentioned as may be referred to the Council by the Legislatures of any two or more Colonies, among which are included such matters of general Austra- lasian interest with respect to which the Legislatures of the several Colonies can legislate within their own limits, and as to which it is deemed desirable that there should be a law of general application: And whereas the Legislature of the Colony of Tasmania has passed an Act to refer to the Federal Council of Australasia the two several matters hereinafter mentioned:

Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependen cies, by and with the advice and consent of the Legislative Council thereof, as follows:—

53° VICTORLYE, No. 20.

The Federal Council Referring Act, 1889.

1. IN pursuance of the provisions of the said Act of the Im-

penal Parliament, the following matters are hereby referred to the

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Council. Federal Council of Australasia, to the intent that, as the Legislature

of the Colony of Tasmania has referred the same matters respectively

to the Federal Council, the said Council may exercise legislative authority in respect of such matters, and that the Acts of the

Council relating to them respectively shall be in force in Western

Australia ; that is to say :—

(a.)

The recognition in other Colonies of Orders and Declar- ations of the Courts of any Colony in the matters of Lunacy.

(b.) The enforcement by the Supreme Court of any Colony of any Process of the Supreme Court of any other Colony directed to compelling the production in such last-mentioned Court of any unproved Will or testa- mentary document in the possession of any person resident in such first-mentioned Colony, and which said Will or testamentary document devises or bequeaths property situate in the Colony from the Supreme Court whereof such Process issues, and is required by the executors or trustees appointed by such Will or other testamentary document, and who are resident in such last-mentioned Colony, for the purpose of obtaining Probate of such Will or testa- mentary document or registering the same in such last-mentioned Colony.

2. THIS Act may be cited for all purposes as "The Federal

Short title.

Council Referring Act, 1889.".

In the name and on behalf of the Queen I hereby assent

to this Act.

F. NAPIER BROOME, Governor.

By Authority : RICHARD RETIREE, Government Printer, Perth.

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