Supreme Court Process Act 1849 No 31a (NSW)

1946 No. 31. 13« VIC. 1849.

Supreme Court Frocess.

No. XXXI.

SuriiEMK Court

1’rooess.

All Act to effectuate the service of Process

issuing* from the Supreme Court in its

Equitable Jurisdiction. [9//̂ , October, 1849.]

I’l’eamblc. ^ ^ T lIE ltE A S “Teat inconvenience and delays of justice arise from

V V tlie defc'ct of jurisdiction in Courts of Equity in the Colony of

New South IValcs to elfectuate the service of tlieir ])rocess in such Supreme Court in pai'ts as ai’C uot Avitliiu tlu'ir jurisdiction 15c it therefore enacted hy luctVfm'hl'su'itscon- h is Exccllcncv tlic Covcmor of New South "Wales witli tlie advice oeriiiiif; himis &e. aiul couscnt of tlic Lce’islative Council thereof That after the passing jirocesH to bo served *̂1 tliis Act it sluill be lavful for tlic Supreme Court in its Equitable the'b'uisdildimfol'' '1'̂ 1‘isfEetioit in any suit instituted in the said Court concern im̂ lands

the said Court. or hereditaments situate in the Colonv or concernine: anv char«'<! lien judgment or incumbrance thereon or concerning any money vested in any Government or puldic stock or public shares in public or joint stock companies or concerns in the said Colony or concerning the interest dividends or produce thereof iqion special motion in open Court on hclialf of tlie com])lainant in such suit founded upon athdavit and such other documents as may he applicabh; for tlu' purpose of asct'rtaining tlic residence of defendants in sucli suit or parties sought to he served and the particulars material to identify tlunn and their residence and also specifying the means 'uTicrehy smdi service may he autlumticated and especially ivlu'ia! there ar(̂ any olliccrs civil oi- military appointed or serving und(‘r the Government ol‘ tlie said Colony residing at or near the place of the alleged residence of the said del'cndants or parties to order that service of any siihpama and of all subsequent process thereupon upon any defendant in such suit then residing out of tlu' jurisdiction of the said Court in such jiarts in ivhich he shall so reside and lie so served or in case the said Court shall deem tit upon the receiver steward agent or other person receiving or remitting the rents of the premises or the dividends and

. profits of the said stock or concerns hereinbefore mentioned if any till' subject or in part the subject matter of the suit returnable at such time as tlu' Court shall direct shall he deemed good service on ('very such defendant or party and afterwards upon an affidavit of such service had to ordcir an appearance to lie entered for such dclV'ndant or party in such manner and at such times as the Court shall direct and tliat thereujion it sliall he lawful for such Court and the plaintiff to proceed upon such appearance entered or such service so made as albresaid as fully and cffeetually as if such appearance had hec'n duly cut ('red by a defendant residing or such service had lu'cn duly made within the jurisdiction of the said Court.

AViicn Court satisfieii 2. And he it cnactcd That Avhen it shall appear upon affidavit to

beteIvcTob'imt""*' Satisfaction of the said Court that any defendant in any such suit,

iioivrid int cannot bo caunot by reasonable diligent'c he served with the subpoena tobppear and

blmsd7('r. t‘may Or tluit upoii iu([uiry at his last or usual place of abode lu( could order smb siibstitii- Jiot 1)0 fouud .SO as to 1)0 scrv('d with such process and that there is

l7H*lLi7tbi7i'7roa- grouiid loi' hclievin^ that such deiendant secndcs or withdraws

him self so as to avoid being served Avith the process of such Court then it shall he lawlul lor the said Court to ord(ir such substitution of such service of the subpoena to ai)pear and ansAver as the said Court shall think reasonal)le.

A copy oc (lie prayer 3. Provided ahvays and he it enacted That along Avith such ^. vccU i'tb'subpccua ^hpoena scrvql as afon'said under any such order a copy of the prayer muici this Act and of tile complaiiumt’s bill sliall be seriT'd upon every such defendant

and

1849. IS'’ VIC. No. 32. 1947

FoUce Meward Fund.

and provided also tliat Jio decree sliall be made absolute in the said no inoecss oi'cmi-

Court ’without the special order of suc-b. Court made upon, a special motion for that purpose Provided i'nrtln'r that nothin"’ in this Act

shall he held to make it compulsory upon the complainant in any suit

to sei’ve or hriu"’ before such Court any party or pi'vson liirllu'r or

othei”wise than such complainant is uoav hy law or the practice of such

Court required to do.