Telegraphic Messages Act 1874 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO OCTAVO

VICTORIA] BEGINS

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No. VI.

AN ACT to facilitate the proof of Telegraphic Messages in

Courts of Justice, and for other purposes.

[Assented to, 17th July, 1874.]

EREAS it is desirable to facilitate the proof of Telegraphic Messages in Courts of Justice, and to extend the advantages Of the Electric Telegraph ; Be it therefore enacted, by His Excel- lency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof,	Preamble.
as follows:—

1 IT shall be lawful for any party to any action or suit in any Special notices to admit

Court of civil jurisdiction, at any time after the commencement	telegraphic messages maybe given in. civil actions
thereof, to give notice to any other party that he proposes to adduce	and suits, subject to certain
evidence at the trial or hearing of such action or suit any telegraphic messages that before the date of such notice shall have	provisions.
been received by electric telegraph in Western Australia; Provided
that the time between the giving of such notice and the day on
w, inch such evidence shall be tendered shall not in any case be less than two days before the day of such hearing or trial ; and every

such

38° V1CTORL?E, No. 6.

Telegraphic Messages.

such notice shall specify the names of the sender and receiver of such messages, the subject matter thereof, and their dates as nearly as may be; and any such notice may be served and the service thereof proved in the same manner as notices to admit and produce may now be served and proved respectively.

After notice, a message	2 IN any case in which such notice shall have been given, the
.have been sent by pro-

retched may be proved. to	production of any telegraphic message described in such notice, and
duction of message, with	purporting to have been sent by any person, together with evidence
evidence of duo receipt
from telegraph station.	that the same was duly received from a telegraph station, shall be
iwima facie evidence that such message was signed and sent by the
person so purporting to be the sender thereof to the person to whom the same shall be addressed, without any further proof of the identity of the sender ; but the party against whom such message shall be given in evidence shall be at liberty, nevertheless, to prove that the same was not in fact sent by the person by whom it purports to have been sent.

After notice, the sending a	3 IN any cause depending in a Court of civil jurisdiction, the
message may he proved by

production of a message or	production of any telegraphic message, or a copy thereof verified on
a copy, and by evidence of	oath, together with evidence that such message was duly taken to a
miym out of fees for trans-
mission.	telegraph station, and that the fees (if any) for the transmission
thereof were duly paid, shall be prima mete evidence that such
message was duly delivered to the person named therein as the person to whom the same was to be transmitted ; and the burden of proving that such message was not in fact received shall be upon the person against whom such message shall be given in evidence.
Proviso.	Provided that notice shall be first given by the party adducing the same in evidence to the other party of his intention to do so, and such notice may be given in such manner and at such times as by the practice of the Court in which the proceeding is taken notices to produce or admit are required to be given.

Certain documents may bea- IT shall be lawful for the Governor, any Member of the transmitted by electric tele- Executive Council, the Speaker of the Legislative Council, the Chief graph, under restriction. Justice, or any other Judge of the Supreme Court, any Resident or

Police Magistrate, the Magistrate or any two or more Justices of the Peace exercising the power of the Court under the " Sia Debts Ordinance, 1863," any officer of Government or other person whom the Governor may authorise in that behalf by warrant under his hand, or any attorney or solicitor, to cause to be transmitted by electric telegraph the contents of any writ, warrant, rule, authority, order, or other communication requiring signature or seal, subject to the provisions following, that is to say:—

380 VICTORIE, No. 6. 3

Telegraphic Messages.

1.  The original document shall be delivered at the telegraph station in the presence and under the inspection of some Justice of the Peace or notary public.

2. The person to whom the contents of any such document shall be so sent shall forthwith and under the super- vision of a Justice of the Peace or notary public cause to be sent back by electric telegraph a copy of the message received by him ; and in the event of any error appearing therein the process shall be repeated under the like supervision until it shall appear that a true copy of such document has been received by the person to whom it shall have been sent.

3. When it shall appear that such true copy has been so received, such first-mentioned Justice or notary public shall endorse upon the original document a certificate that a true copy thereof has been sent under the provi- sions of this Act to the person to whom the same shall have been so sent, and shall forthwith by electric telegraph inform such person that such certificate has been so endorsed.

5 EVERY copy so endorsed and certified shall be as valid to Copies so transmitted to be

all intents and purposes as the original whereof it purports to be a

as valid as originals.

would have been, and shall be admissible in evidence in any

which the original would have been so admissible ; and any

person by whom such copy shall have been so received, or who

shall be thereby authorised, instructed, or commanded, or who shall

or may be lawfully charged with any duty in respect thereof, shall

have and become liable to the same rights or duties in respect

thereof as if he had received such original document duly signed

and sealed, or signed or sealed as the case may be; and in the case

of documents intended to be served, or the efficacy or use whereof

depends upon service, every such copy shall, for the purpose of such

service, be deemed to be the original document whereof it purports

to be a copy.

6 EVERY original document, a copy whereof shall have been

thinsmitted under the fourth section of this Act, shall be kept at Ovfmn ialcopirelsocun triaorinstmitteocf

the telegraph station at which it was delivered for the purposes of to be open to inspection.

transmission, and shall, after the expiration of two days from date of the certificate wider sub-section 3 of that section 4 endorsed upon it, be open within reasonable hours to the

on of any person, upon payment of a fee of One shilling.

4   38" VICTORTiE, No. 6.

Telegraphic Messages.

Penalty for wilful delivery 7 ANY person who being charged with the delivery of any

of message to wrong person. telegraphic message shall wilfully deliver the same to any person other than the person to whom the same shall be addressed, or his authorised agent in that behalf, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to pay a fine not exceeding One hundred pounds, or be imprisoned for any term not exceeding two years, with or without hard labor.

Penaltyforsigning another's 8 WHOEVER, without lawful authority or excuse (the proof

name without authority to	whereof shall be on the person accused), shall sign the name of any
message to be sent.	other person to any telegraphic message, with intent to procure such message to be sent as a message from such other person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to pay a fine not exceeding One hundred pounds, or to be imprisoned for any term not exceeding two years, with or without hard labor.

Penalty for false certificate 9 ANY Justice of the Peace or notary public who shall wilfully

of sending a message under	and falsely endorse upon any original document delivered at as
section. four.	telegraph station, for the purpose of being transmitted under the provisions of this Act, a certificate that a true copy thereof has been sent under this Act, or who shall by telegraph wilfully and falsely inform any person to whom such document shall have been so sent that a certificate under the provisions of this Act has been endorsed thereon, shall forfeit and pay a sum not exceeding One hunched pounds, to be recoverable summarily before any Justice of the Peace in Petty Sessions.
Signing false certificate	10 ANY person by this Act required to sign a certificate upon any copy of a document that such copy has been duly received under the provisions of this Act who shall wilfully sign such certifi- cate knowing the same to be false, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to pay a fine not exceeding One hunched pounds, or to be imprisoned for any term not exceeding two years, with or without hard labor.
four to be a misdemeanor.
upon copy under section
Interpretation Clause.	11 THE following words within inverted commas shall, for the purposes of this Act, bear the meanings set against them respectively, unless where the context implies otherwise:-

" Electric Telegraph "—Any telegraphic line the property and under the control of the Government, and worked by electricity within the said Colony.

" Telegraphic

38" "HUMBLE, No. 6. 5

Telegraphic Messages.

" Telegraphic Message "—Any message or other communi- cation transmitted or intended for transmission, or purporting to have been transmitted by electric telegraph.

" Telegraph Station "—Any station appointed by Govern- ment for the receipt and transmission of telegraphic messages.

"Person. "—Any corporation or corporate body or any

12 SECTIONS A. B. F. and G. of " The Shortening Ordi- Shortening Ordinance.

Dance,1853," shall be incorporated with and taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said Sections had been introduced and filly set forth in this Act.

13 THE Short Title of this Act is the " Telegraphic Messages Short Title.

Act, 1874."

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

this Act.

FRED. A. WELD, Governor.

By Authority: RICUARD PETHER, Government Printer, Perth.