SERVICE AND EXECUTION OF PROCESS.
No. 27 of 1922.
An
Act to amend the Service and Execution of
Process Act 1901–1918.
[Assented
to 18th October, 1922.]
BE it enacted by the King’s Most Excellent
Majesty, the Senate, and the House
of Representatives of the Commonwealth of Australia, as follows:—
Short
title and citation.
1.—(1.) This Act may be cited as the Service and Execution of Process Act 1922.
(2.) The Service
and Execution of Process Act 1901–1918 is in this Act referred to as the
Principal Act.
(3.) The Principal Act as amended by this Act may
be cited as the Service and Execution of
Process Act 1901–1922.
2.After section eighteen
of the Principal Act the following section is inserted:—
Forfeiture
of recognisances.
“18a.—(1.) When
any person has been admitted to bail in pursuance of paragraph (b)of sub-section (3.) of the last
preceding section and the Justice of the Peace admitting the person to bail is
satisfied that the person has failed to comply with the conditions of the
recognisance upon which he was so admitted to bail the Justice may declare the
recognisance to be forfeited and payment of any sum due under the recognisance
by any person residing in the State or part of the Commonwealth in which the
Justice has jurisdiction may be enforced as a fine imposed by a District or
County Court or other inferior Court of Record having jurisdiction in such
State or part.
“(2.) Any amount recovered in pursuance of this
section shall be transmitted to the prothonotary, registrar or other proper
officer of the Court out of which the warrant was issued for the apprehension
or commitment of the person in respect of whom the recognisance was entered
into.”.
Application
of Act to mandated territories.
3.
Section twenty-eight of the Principal Act is amended by inserting therein after
sub-section (1.) thereof the following sub-section :—
“ (1A.) For the purposes of this section
‘Territories of the Commonwealth’ include any Territory governed by the
Commonwealth under a Mandate.”.