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SJ No 60 - 02 October 1901



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167

COMMONWEALTH OF AUSTRALIA

167

No. 60.

JOURNALS OF THE SENATE.

WEDNESDAY, 2nd OCTOBER, 1901.

1. M eeting of S enate.—The Senate met pursuant to adjournment.

2. PRAYERS.

3. L eave of A bsence to the Clerk of the P arliamf.nts.—The President announced that, subject to the approval of the Senate, he had granted leave of absence for three weeks to the Clerk of the Parliaments, on account of domestic trouble. The Vice-President of the Executive Council, without notice, moved, That the Senate approve of

the action taken by the President, and that leave of absence be granted accordingly. Question—put and passed.

4. M essage from the H ouse of R epresentatives..—The following Message from the House of Repre­ sentatives was received and read :— M r. P resident— Message No. 23.

The House of Representatives acquaints the Senate that it has now agreed to the amend­ ments made and insisted on by the Senate in the Bill intituled “ An Act relating to the Customs,” viz.:—Amendment No. 101 and the portion of Amendment No. 113. F. W. HOLDER,

House of Representatives, Speaker.

Melbourne, 2nd October, 1901.

5. P apers. The Postmaster-General laid upon the Table— By command— (1) Correspondence relating to the proposed alteration of the Royal Style and Titles of the Crown.

(2) Statistics as to Imports and Exports of Timber and Number of Saw-mills.

6. A djournment to D ebate M atter of I mportance.—Senator Dobson, without notice, moved, That the Senate, at its rising, adjourn till ten o’clock to-morrow. Debate ensued. Motion, by leave, withdrawn.

7. S ervice and E xecution of P rocess B ill.—The Vice-President of the Executive Council, on the part of the Committee appointed on 27th September, brought up reasons for disagreeing to amendments Nos. 5, 14, 35, 38, and 39 of the House of Representatives in the Service and Execution of Process Bill.

Reasons read and adopted as follows :—

R easons of the S enate for D isagreeing to the A mendments of the H ouse of R epresentatives in the Service and E xecution of P rocess B ill.

As to Amendment No. 5 :— Because the substitution of one mile for five miles might unduly hamper the defendant in his selection of an address for service, and in large cities, if he desired a legal adviser, might inconvenience him in his choice.

As to Amendment No. 14:— Because it is consequential on Amendment No. 5. As to Amendment No. 35 :— Because the clause relates solely to procedure, and should be retrospective, in order to avoid

the confusion consequent upon having various modes of procedure to effect the same end in operation at the same time. As to Amendment No. 38 :— Because no unnecessary delay in the registration of certificates of judgment should be allowed,

and there is ample provision for cases where delay is unavoidable in the power of the Court to permit registration after the time limited has expired.

As to Amendment No. 39 ;— Because it would materially restrict the usefulness of this Act if it were not applicable to the judgments in Admiralty of the different States.

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8. E xcise B ill.—The Senate, according to Order, resolved itself into a Committee for the further con­ sideration of the Excise Bill.

In the Committee,

Postponed Clauses 65 and 66 amended and agreed to. New Clause 39a inserted to follow Clause 39. New Clause 50a inserted to follow Clause 50. New Clause 60a inserted to follow Clause 60.

9. Suspension of Committee.—At twenty-five minutes past six p.m. the sitting of the Committee was suspended until half-past seven p.m.

10. R esumption of Committee.—A t half-past seven p.m. the sitting of the Committee was resumed.

11. E xcise B ill.—New Clause 63a inserted to follow Clause 63. New Clause 6 6 a inserted to follow Clause 66. New Clause 6 6 n inserted to follow Clause 6 6 a . Senator Walker moved a new Clause to follow Clause 118. Proposed new Clause, by leave, withdrawn. New Clause 128a inserted to follow Clause 128. Title agreed to. Clause 15 reconsidered, amended, and agreed to. Clause 43 reconsidered, amended, and agreed to. Clause 60a reconsidered and ordered to be transferred, and stand as Clause 23a. Clause 80 reconsidered, amended, and agreed to. Clause 1 14 reconsidered, amended, and agreed to. Schedule X. reconsidered, amended, and agreed to. Bill to be reported with amendments. The President resumed the Chair ; and Senator Best, from the Committee, reported that the Com­

mittee had considered the Bill, and had agreed to the same with amendments. Ordered—That the Bill, as reported, be considered to-morrow.

12. D istillation B ill.—The Chairman of Committees having certified that the fair print of the Distillation Bill was in accordance with the Bill as agreed to in Committee and reported, The Vice-President of the Executive Council, according to Order, moved, That the Bill be now read a third time. Question—put and passed. Bill read a third time and passed.

13. B eer E xcise Bil l.—The Chairman of Committees having certified that the fair print of the Beer Excise Bill was in accordance with the Bill as agreed to in Committee and reported, The Vice-President of the Executive Council, according to Order, moved, That the Bill be now read a third time. Question—put and passed. Bill read a third time and passed.

14. P ublic S ervice B ill.—The Senate, according to Order, resolved itself into a Committee for the further consideration of the Public Service Bill.

In the Committee,

Clause 5 further considered. Senator Pearce, by leave, withdrew proposed amendment, viz., in page 3, line 5, to leave out “ Commissioner,” with a view to insert “ Governor-General.” Senator Pearce moved an amendment, viz., in page 3, lines 4 and 5, to leave out “ during the

pleasure of the Commissioner.” To report progress, and ask leave to sit again. The President resumed the C hair; and Senator Best, from the Committee, reported that the Com­ mittee had considered the Bill, and had made progress, and asked leave to sit again. Ordered—That the Committee have leave to sit again to-morrow.

15. A djournment.—The Senate adjourned at fifty-eight minutes past nine p.m. till to-morrow at half-past two p.m.

16. A ttendance.—Present, all the Members except Senators Dawson, Harney, Matheson (on leave), Millen, and Styles.

C. B. BOYDELL, For Clerk of the Parliaments.

Printed and Published for the Government of the Commonwealth of Australia by R obt. S. B rain, Government Printer for the State of Victoria.