Justices Act Amendment Act 1936 (WA)

1936.] Justices. [No. 11.

JUSTICES.

1° Flown. VIII., No. XI.

No. 11 of 1936.

AN ACT to amend the Justices Aet, 1902-1932.

[Assented to 3rd December, 1936.]

lative Council and Legislative Assembly of WesternBE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Justices Act Amend- Short title.

ment Act, 1936, and shall be read as one with the Jus-

tices Act, 1902-1932, hereinafter referred to as the

principal Act.

2. Section fifty-six of the principal Act is amended Amendmentof s. 56 of the

by adding the following paragraphs:— principal Act.

Provided that the police or resident magistrate Service by

or clerk of petty sessions may, if satisfied that to post.

effect service in the manner above prescribed would

involve undue expense, and that the offence is not

an indictable offence, and that its nature is such that

personal service might reasonably be dispensed

with, and that the hearing will not be unduly de-

layed thereby, allow service by post.

Service by post shall be effected by the clerk of petty sessions despatching the summons through the post as a prepaid registered letter addressed to the person to be served at his place of abode, and the magistrate may accept as proof of service a certifi- cate of the clerk of the due posting of the summons as a prepaid registered letter ; provided that the

No. 11.] Justices. [1936.

clerk has received through the post an acknowledg- ment of delivery of such letter purporting to be signed by the person to whom the same was ad- dressed.

Amendment

of ss. (1) of 3.

Subsection one of section fifty-seven of the prin- cipal Act is amended by inserting after the word "sum- mons" in the first line the words "where service has not been effected by post."

s. 57 of the

Principal Act.

Amendment

of s. 74 of the 4.

Subsection two of section seventy-four of the prin- cipal Act is amended by adding the words "except that the provisions relating to service by post shall not apply to a summons to a witness."

principal Act.

Citation of

principal Act 5. The principal Act as amended by this Act may be

as amended. cited as the Justices Act, 1902-]936.