Civil Court of Western Australia amendment (1836) (WA)

WESTERN AUSTRALIA,

ANNO SEXTO

GULIELMI IV. REGIS.

No. 1.

An. Act to amend an Act intituled " An Act for establishing

a Court of Civil Judicature."

HEREAS it is expedient to alter and extend the Provisions of

His Majesty King William the Fourth, intituled " An Act for estab- W an Act of Council passed in the second year of the reign of Preamble.

lishing a Court of Civil Judicature," so as to provide for several matters relating to the Civil Court, which are not included in the said Act ; and whereas by the tenth Section of the said Act it is enacted " that all pleadings in the said Court shall be oral, and made by the Parties to the Suit or Action in person, or by their respective lawful Agents, or Deputies," and whereas it is expedient to adopt some course of proceeding, by which the Commissioner of the said Court, shall be ena- bled to exercise a proper control over the conduct of such Persons as shall be desirous of acting as recognized Agents, or Practitioners in the said Court ;—Be it therefore enacted, by His Excellency the Governor of Western Australia, with the advice of the Legislative Council, that from and after the first day of May next, it shall not be lawful for any Cl

Tt,t4e.

Person

Person to act as an Agent or Practitioner in the said Court, without Ciertificoaur te,t tso be ci enr(olnet;

having first obtained from the Commissioner of the said Court, such a and pay a License Fee.

No. 1. 6-th. Gulielmi IV., A. D. 1836.

Certificate as hereinafter described, and without having paid to the Collector of Revenue, as a fee for license to act as such recognized Practitioner, such a Sum as shall be appointed by the Governor, or other Person administering the Government of the Colony, by his Pro- clamation issued from time to time for that purpose, and without hav- ing had such Certificate, with the Receipt of the Collector, of Revenue for such License Fee acknowledged thereon, enrolled in the Office of the Registrar of the Civil Court.

Exceptions of persons called

PROVIDED that it shall not be necessary for any Person who shall have been duly called to the English, Scottish, or Irish Bar, or for any Person acting as Law Officer of the Crown, to obtain such Certificate, or pay such License Fee.

to the Bar, and Law II.

Officers of the Crown.

AND be it further enacted, by the authority and with the as to have the effect of preventing any Person, either from conducting his own Cause, or employing, or procuring any other person than such licensed Practitioner to act for him, or in his stead ; Provided that such person so acting for him, or in his stead, shall not be entitled to introduce any charge for his trouble and attendance, into the Costs, as between party and party.

Person may conduct his III.

own Cause, or employ an	advice aforesaid, that nothing herein contained shall be construed, so
unlicensed. Agent.

AND be it further enacted, that every Person desiring such Certificate, shall make such proof before the Commissioner, as may enable him to certify, whether such person has been duly admitted as a Solicitor, or Attorney of any of the superior Courts of Great Britain, or Ireland, or whether of any other, and what Local, Provincial, or Colonial Court, or whether he is without any such previous qualifica- tion.

Mode of obtaining, and IV.

particulars of Certificate.

AND be it further enacted, the License Fee shall be propor-

tioned to the degree of Qualification, so that the amount chargeable

shall be less to the qualified, then to the unqualified person.

Amount of License Pee. V.

Certificate to be annually VI. AND be it further enacted, that such Certificate shall be an-

renewed on 1st of March,	nually renewed, and shall continue in force until the first day of March
except in certain cases.	in each and every year, except in cases hereinafter mentioned.

Commissioner may refuse,	VII.	AND be it further enacted, that in case of any improprieties
forfeit, or suspend Certi-

ficate of a Practitioner.

of practice, or conduct of a minor degree, on the part of any such Practitioner, it shall be lawful for the Commissioner to report the same to the Governor ; and, upon the sanction of the Governor, by and with the advice of the Executive Council, to declare such Certificate forfeited, for the whole, or a portion of the current year, or to refuse it for a greater or less portion of the ensuing year, according to the nattily of the offence, so as to disqualify such person from acting as a recog' nized Practitioner, for such period as the Certificate shall have been,

forfeited or refused.

AND be it further enacted, that in case of any such gross

A Practitioner may be	VIII.
totally disqualified from

practising in any Court of	misconduct on the part of such Practitioner as would occasion an At'
this Colony.	torney to be struck off the Rolls in England, it shall be lawful for thy' Commissioner to report such case to the Governor, or other person. au.

A , D. 1836. 6th Guilelmi IV., No. 1.

administering the Government of the Colony, with a recommendation

that such person shall be disqualified from practising ever after in any Court of Law in the Colony ; and on the written approval of such re- commendation being subscribed to such report by the Governor, or other person administering the Government, with the advice of the Executive Council, it shall be lawful for the Commissioner on the next Court day, to pronounce a Judgment to that effect ; and immediately

on. the delivery of such Judgment, such Practitioner shall be disquali-

fied accordingly.

IX.     AND be it further enacted, that all Fees for such Licenses Appropriation of License

payable under this Act, shall be reserved to the use of His Majesty Fees.

His Heirs and Successors.

X.     And whereas the practice of enforcing observances of an Award Recital.

by attachment of the person, is unsuited to the present state of this

Colony, as well by reason, of the want of a proper prison for the recep-

tion, and safe custody of persons committed on such account, as also of

the want of proper funds applicable to the maintenance of persons so

committed; Be it therefore enacted, by the authority and with the nAzeds	eei	raesc jou	rdied an	end	ts.
advice aforesaid, that when any Award, shall have been made under the authority of the Civil Court of this Colony, it shall be lawful for the Commissioner of the said Court, to direct, that such Award shall be re- corded, and proceeded upon in like manner, as if it were a Judgment of the Court.

XI.     AND whereas, it is expedient to prevent any doubt being en- Recital.

tertained, as to the validity of the Title acquired by the Purchaser of any real Property, sold by the Sheriff, or other proper Officer, under process of Execution, issued out of the Civil Court ; Be it therefore enacted, that any Certificate, or instrument, whether hereafter, or here-

An Instrument, of a given

tofore executed, of the tenor, and effect mentioned in the Schedule	form, effectual to transfer
hereunto annexed, duly obtained from the Registrar Clerk, and signed	Real Property sold under
by the Commissioner of the said Court, shall be, to all intents, and pur-	Execution.
poses, as valid and effectual, to transfer, and convey to the said. Pur- chaser, all Right, Title, and Interest, of the person whose property was so sold under Execution, in and to the said Property as any other more formal Deed, Conveyance, or Assurance, duly executed between the parties, and signed by the person whose property was so sold under such Execution.

XII. AND whereas, it is expedient more effectually to relieve She- If claim be made by third

riffs, and other Officers, executing process against property, whether	party to any property
seized under Execution, the
real or personal, to which third parties shall advance any claim ; Be	Court may decide upon
it therefore enacted, by the authority and with the advice aforesaid	such claim in a summary
Way.
that upon any such claim being made, to any property taken, or inten- ded to be taken in Execution such Sheriff, or Officer, may apply to the Commissioners of the said Court, before, or after the return of the pro- cess, and before, or after any action brought against such Sheriff, or Officer, to call before, him, by rule of Court, as well the party issuing

No. 1. 6th Gulielmi IV., A. D. 1836

such process, as the party making such claim, and, for the adjustment of such Claims, it shall be lawful for the said Commissioner, to make such Rules and Decisions as shall appear just ; and the costs of such Proceedings, shall be in the discretion of the Court ; and such Rules and Decisions shall be entered of record, and have the same force, and effect as any other Judgment of the Court.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council This 1 1th Day of April, 1836.

PETER BROWN,

Clerk to the Council.

SCHEDULE REFERRED TO BY THE ANNEXED ACT.

Form of Certificate or Instrument from the Civil Court to Party

Purchasing Real Property sold under Execution.

Civil Court of TO ALL to whom these Presents shall come,

Western Australia Greeting :

to wit. WHEREAS in a certain Cause, wherein A. B. was

Plaintiff, and C. D. was Defendant, a Judgment was obtained on the day of

in this Court by the said Plaintiff, and whereas, a Warrant of Exe-

cution was issued, under and by virtue of which, the real ( or a portion of the

real) Property of the Defendant was sold by public auction on the day of

and at such sale E. F. became the Purchaser of (here describe the

property sold) for the sum of £ , which sum has been paid into Court, and

possession of the said premises given to the said E. F. by the proper Officer of

the Court, as appears by the Return of the said Officer : NOW INOTV ALL

MEN, that the said E. F. bath thereby acquired all the Right, Title and interest

of the said Defendant, in and to the Premises aforesaid. Given under my hand

and the seal of the Court this day of , in the Year of Our

Lord.

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