Creditors Relief Act 1855 (SA)

No. 9.

[Assented to, April 2, 185ii.]

tllc proximity of thc several Australasian Colonies Plraoible.

to each other, and the separation of their respective

jurisdictions greatly facilitate tlw evasion of the judgments, decrees, rules, and orders of the Supreme Courts of the said Colonies

-*espectively, and it is expedient to provide a relnedy in that behalf: And whereas it would also be useful to permit affidavits, w o r n in any of sac11 Colonicu, to be used in the Supreme Cowt of South Australia, for the purposes after mentioned-Be it therefore Ihacted by His hscellency the Governor-in-Chief of' South Australlin. with the advice and consent of thc Legislative Co~mcil tllcreof, as Sollows:

1. I t shall be lnwfid for any person in whose favor any judgment, decrcr, rule, or order, whereby any sum of money is made payable, ,f ~upl.~..,~x

kfemorid of judg-

ment, &C., uudcr se:d

c ~ ~ ~ ~ +, of

shall have been obtained in tllc Supren~c Court of any of Her Majesty's ~ n r o t h ~ ~ r A ~. t r a ]. a s i ~ ~ colony, Bled in SW.

Australasian Colonies (including the Islands and Colonies of New , , , c,* ,t adc

lbr

Zealand) to cause a copy of the same on parchnient, including the date lflide, thereof, and execution

of signing such j u d p c n t, authenticated by the seal of the Court ,,pissue.

wherein such judgment, decree, rule, or order was obtained, to be filed in the office of the Sopreme Court, at Adelaide; and such copy, bciug so filed, shall thenceforth be a record of such judgn~ent, decree, rde, or order, a,nd exscutlon may issuc thereon

as hereinafter provided.

ode of obtaining

2. It shall be lawful for any Judge of the Supreme Court of this M executiou.

Province, upon the application of the person in whose favor such

judgment, decree, wle, or ordm was obtained, to issue a summons

n ca,llilzg

calling upon the person agztiilst whom such judgment, decree, rule,

or order was obtained, to show cause within such time, after ;+

personal or such other service of the summons, as such Judge shall direct, why execution should not issue upon such judgment, decree, rule, or order; and such summons shall give notice that, in default of appearance, execution way issue accordingly; and if the person so summoned does not appear, by himself or his attorney,'or does not show sufficient cause against such summons,it shall be lawful for any Judge of the Supreme Court, or the said Court, on due proof of such service as aforesaid, to order execution to issue as upon a judgment, decree, rule, or order of the Supreme Court of this Province, subject to such terms and conditions (if any) as to such Judge or Court may seem fit; and, thereupon and subject thereto, tlrc person entitled to such execution shall have and be entitled to all such process and to all such rights and remedies for the enforcerncilt thereof; a d the person against whom such execution is ordered shall, in like manner, be entitled to all such protective rights and acivantages 3s they mould respectively have beeu entitled to had such judgment, decree, rtzle, OF order been obtained in the Stzpreinc Court of this Province,

and all such proceedings may be had or tskeu for the revival cf

such judgment, decree, rule, or order, or the enforcement thereof

by and against persons not parties to such judgment, decree, rule,

or order as may be had for the like purposes upon m y judgmeut,

decree, mle, or order of the Supreme Court of this Provincc.

Affidavit to be sworn 3.

Provi-ded always, that before any such execution as aforesaid shnlI person, or one of the persons in whose fnvor sucl~ j uclgmcn t, decree, rule, or order was obtained, stating tlmt the whole of mch juclg;uent debt is owingat the tinze of making such affidavit, or ifnny part thereof is unsatisfied, then what p r t remains ~msatisfied, whicll aflidnvit shall be filed in the Suprcn~e Court of S o ~ ~ t h Australia; and if made in New Zealand, shall be sworn within three calendar montlls; if in Victoria, within one nmnth; ancl if in any other of such Australian C:olonies, within two montlls next before the t h e of issuiug such

bcfore execution be issued in default of appearance, an affidavit shall be niade by thc

, d f u t of

appearauce.

execution to issue, shall, in any of the said cases, in his discretion execution, or vithin such further period as the Judge who may order allow.

Power for Judges tc., 4. It shall be lawful for the Judges of the Supreme Court of writs of execution to be issued in pursuance of this Act, and with respect to all other matters arising but of, and connected tJherewith, including costs, as may from time to time be deemed necessary.

make ing this "lc8 A C ~ into u v ~ - effect. South Australia, to make such rules with respect to the fonns of

Affidavitssxombefore 5. An affidavit, sworn before a Judge of the Supreme Court of

a Judge or Commis- any such Australasian Colony, as aforesaid, or before a person

, , .,

may be reccircd and Teadinthe ~llpreme affidavits in the Supreme court of South Australia, under the	At~stralasiaq Colonies residing in such Colony, appointed a Commissioner for takjiig
c o ~ t of ~ i g C o l o n ~. haad or hands of any Judge or Judges thereof; and under the seal

thereof, shall, subject to the same mlcs, with regard to thc title

jurat

jurat and other matters, as may, at the time of making such affidavit, exist with respect to affidavits sworn in this Colony, be received and read in the Supreme Court thereof, and have the same force and effect for the purpose of holding a person to bail, and for all the purposes for which an affidavit may be used therein, as if such affidavit were sworn bcfore one of the Judge8 thereof, or before any person now authorized to take affidavits therein.

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Adelitido: Printcrd l, authorit,, bj W. C, Cox, Goremaont ~ r g t g r, ~ictoria-aqua;?