Courts of Requests Act 1830 No 4a (NSW)

t ion a n d u n d e r such regula t ions as are by t h e said reci ted A c t specially provided a n d declared And whereas it is expedient to establish fur ther

No. III.

An Act for the further regulation of the Courts

of Requests in New South Wales.	[5th
February, 1830.1

WH E R E A S Legislat ive Counci l passed in t h e t e n t h year of H i s Majesty 's

by an A c t of t h e Governor w i t h t h e advice of t h e

re ign in t i tu led "An Act for instituting Courts of Civil Jurisdiction to

be culled Courts of Requests in different parts of New South Wales"

i t is enacted T h a t from and after t h e pass ing of t h a t Ac t Cour t s of

Civil Ju r i sd ic t ion to be called Cour ts of Reques t s shal l be holden in

a n d for cer ta in respective distr icts the re in named wi th such jur isdic­

fur ther regula t ions for t h e proper conduc t ing of t h e business of t h e

said Cour t s of Reques t s	Be i t therefore enacted by H i s	Excel lency
t h e Governor of	N e w South W a l e s w i t h t h e advice of t h e	Legislat ive

Council Tha t n o person shall be exempt from t h e jur isdic t ion of t h e said Cour ts by reason of his be ing a sworn a t to rney or solicitor or o ther officer of t h e Supreme Cour t of N e w South Wales or of any of H i s Majes ty ' s Cour t s of Record a t W e s t m i n s t e r or of any o ther Court

whatsoever b u t t h a t all such	a t torn ies solicitors a n d o ther	officers
shal l be subject t o t h e several processes	orders j u d g m e n t s a n d	execu­
t ions of t h e said Court in t h e same m a n n e r as any	o ther person	or
persons is or are subject to t h e same.

2. A n d be i t fu r ther enac ted T h a t if i t shall appea r to t h e

Commissioner or Commiss ioners of t h e said Cour t s of Reques t s respect ively for t he t ime-be ing tha t any person who shall be examined on oa th or if a Q u a k e r on affirmation shall in any proceeding wha t ­ ever hereaf ter to be ins t i tu ted or in any way connected wi th t he said Cour t s of Reques t s commit wilful a n d cor rupt per jury or falsely affirm in swear ing or affirming in any affidavit or affirmation re­ ques ted to be m a d e before t h e said Commissioner or Commissioners for t h e t ime-be ing t h e n and in each a n d every such case i t shall a n d m a y be lawful for t h e said Commiss ioner or Commissioners to direct a prosecut ion for per jury to be for thwi th ins t i tu ted against any person so falsely swear ing or affirming as aforesaid in order t h a t he or she m a y be pun i shed for t h e same according to law.

3 . A n d be it fu r ther enacted T h a t no t h ing in th i s A c t no r in

t h e said reci ted Act shal l ex tend to any debt be ing the d isputed ba lance of an unse t t l ed account or iginal ly exceeding ten pounds nor to any debt for any money or t h i n g won or al leged to have been won at or by means of any horse-race cock-match wager or any k ind of g a m i n g or p lay nor to any debt which the re had not been a contract

acknowledgment u n d e r t a k i n g or promise to pay wi th in th ree years

before t h e t a k i n g out of t h e s u m m o n s a l t h o u g h t h e same respectively

shal l n o t exceed ten pounds any t h i n g conta ined in t h e said reci ted

Ac t to t h e con t r a ry n o t w i t h s t a n d i n g .