Australian Capital Territory
Administration of Justice Act 1705 4 and 5 Anne 5 c 16(3) (repealed)     
Republication No 2
Effective:  21 June 2003
Republication date: 21 June 2003
As repealed by A2002-49

Unauthorised version prepared by the ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Administration of Justice Act 1705 4 and 5 Anne 5 c 16 (3) (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 21 June 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Administration of Justice Act 1705 4 and 5 Anne 5 c 16 (3) (repealed)

Contents
	Page
	12		2
	13		2
Endnotes
	1	About the endnotes	3
	2	Abbreviation key	3
	3	Legislation history	4
	4	Amendment history	5
	5	Earlier republications	5

Australian Capital Territory
Administration of Justice Act 1705 4 and 5 Anne 5 c 16 (3) (repealed)

An Act for the amendment of the law, and the better advancement of justice

    

    
    
12	
And be it further enacted that where any action of debt shall be brought upon any single bill, or where action of debt, or scire facias, shall be brought upon any judgment, if the defendant has paid the money due upon such bill or judgment, the payment shall and may be pleaded in bar of such action or suit, and where an action of debt is brought upon any bond that has a condition or defeasance to make void the same upon payment of a lesser sum at a day or place certain, if the obligor, his or her heirs, executors or administrators, have, before the action brought, paid to the obligee, his or her executors or administrators, the principal and interest due by the defeasance or condition of such bond, though such payment was not made strictly according to the condition or defeasance;
Yet it shall and may nevertheless be pleaded in bar of such action, and shall be as effectual a bar thereof, as if the money had been paid at the day and place according to the condition or defeasance, and had been so pleaded.
13
And be it further enacted, that if at any time, pending an action upon any such bond with a penalty, the defendant shall bring into the court where the action shall be depending, all the principal money, and interest due on such bond, and also all such costs as have been expended in any suit or suits in law or equity upon such bond, the said money so brought in shall be deemed and taken to be in full satisfaction and discharge of the said bond, and the court shall and may give judgment to discharge every such defendant of and from the same accordingly.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history

This Act was originally a UK Act—(1705) 4 and 5 Anne c l6 (3) (UK).  The Act was renamed as the Administration of Justice Act 1705 when it was first republished under the Legislation Act 2001.
The Act was apparently in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former UK laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
Administration of Justice Act 1705 4 and 5 Anne c 16 (3)
as amended by
Imperial Acts Application Act 1986 No 93 s 4 (1)
notified 12 January 1987 (Cwlth Gaz 1986 No S1)
s 4 (1) commenced 12 January 1987 (s 2 (1))
as repealed by
Statute Law Amendment Act 2002 (No 2) A2002-49 sch 4 pt 4.1
notified LR 20 December 2002 
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
sch 4 pt 4.1 commenced 20 June 2003 (s 2 (3) and LA s 79)

4	Amendment history
The Imperial Acts Application Act 1986 (the 1986 Act), section 4 (1) provided for sections 12 and 13 of this Act to continue in force in the ACT.  The rest of the Act was omitted.
The 1986 Act, section 4 (2) provided for this Act to cease to be in force in the ACT on the commencement of the subsection.  However, the subsection had not commenced when the 1986 Act was repealed by the Law Reform (Miscellaneous Provisions) Act 1999 No 66.
The 1986 Act removed any doubt about the application of the sections in the ACT (see s 6 (3)).
This Act has not been amended since the enactment of the 1986 Act, except under the Legislation Act 2001.
Name of Act
	am R1 LA
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	19 July 2002	

©  Australian Capital Territory 2003