Absconding Debtors Act amendment (1879) (WA)

WESTERN AUSTRALIA

ANNO QUADRAGESIMO TERTIO

VICTORELE REGINIE

No. 24

An Act to amend The Absconding Debtors Act, 41st

Victoria, No. 17.' [Assented to 1st October, 1879.

HEREAS it is possible that persons may be injuriously or op-

pressively apprehended by virtue of the provisions of the

Act, 41st Victoria, No. 17, upon the application of persons as therein

is provided, and it is highly desirable that persons who shall so abuse

the process of the law should be punished : Be it therefore enacted

by the Governor of Western Australia and its Dependencies, by and

with the advice and consent of the Legislative Council thereof, as

follows :-

1. In all cases where a person shall be arrested under the provisions Persons unlaw-

of the said Act, the person making the affidavit upon which theX ?iftltalueiorusly

warrant of apprehension issues shall, if the said warrant be unlawfully arresting, to bo

or maliciously, injuriously or oppressively, or by abuse of process liable to fine

obtained, be liable to a fine or penalty not exceeding Fifty pounds on

a summary conviction before any two or more Justices of the Peace.

43 VICTORIIE. No. 24

Absconding Debtors Act—Amendment

Penalty payable	2. The whole of the said penalty shall be payable to the person
to person

aggrieved	aggrieved.
Conviction no	3. Such conviction shall be in addition to any civil remedy which the person aggrieved and so arrested might but for such conviction have against the person so convicted or any other person in respect of the matter complained of.
bar to civil
remedy

Shortening Or- 4. Sections B and I of the Shortening Ordinance shall be in- dinance corporate(' 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 fully set forth herein.

H. ST. GEORGE ORD,

GOVERNOR.