Creditors' Remedies Act 1855 No 12a (NSW)

No. XII.

An Act to give further remedies to Creditors
against persons removing from one Australa­

sian Colony to another. [7th September, 1855.]

WH E R E A S each o the r and the separat ion of the i r respective jur isdic t ions

the proximi ty of the several Aus t ra las ian Colonies to

great ly facilitate t h e evasion of the j u d g m e n t s decrees rules and orders

of t he Supreme Cour ts of t he said Colonies respectively A n d i t is expedient to provide a remedy in t h a t behalf Be it therefore enacted by H i s Exce l lency t h e Governor of N e w South W a l e s wi th t he advice and consent of t he Legislat ive Counci l thereof as follows :—

1. I t shall be lawful for any person in whose favour any j u d g ­
m e n t decree ru le or order whereby any sum of money is m a d e payable

shall have been obta ined in t h e Supreme Cour t of any of H e r Majesty 's

Aus t r a l a s i an Colonies ( including the Is lands a n d Colonies of New

Zealand) to cause a memor ia l of t he same conta in ing the par t i cu la rs hereinafter ment ioned and au then t ica ted by the seal of t he Court, where in such j u d g m e n t decree ru le or order was obta ined to be filed in t h e office of the Supreme Cour t at Sydney and such memoria l be ing so filed shal l thenceforth be a record of such j u d g m e n t decree ru le or order a n d execut ion may issue thereon as hereinaf ter provided.

2. Eve ry such memor ia l shall be on p a r c h m e n t and signed by

the p a r t y in whose favour such j u d g m e n t decree ru le or order was

obtained or his a t to rney and shall conta in t he following par t i cu la rs

all of which shall be fairly wr i t t en wi thou t in ter l ineat ions or erasures and (with the exception of dates) in words at l eng th t h a t is to say t h e names and addit ions of t h e par t ies t h e form and n a t u r e of t he act ion or suit or other proceeding a n d w h e n commenced the date of t h e s igning or en te r ing u p of t he j u d g m e n t or of pass ing the decree or of m a k i n g the ru le or order and the a m o u n t recovered or the decree p ronounced or ru le or order made and if t he re was a t r i a l t he da te of

such t r i a l a n d t h e a m o u n t of verdict given.

3. I t shall be lawful for any J u d g e of t he Supreme Cour t of th is Colony upon t h e appl icat ion of t he person in whose favour such j u d g m e n t decree ru l e or order was obtained or his a t torney to issue a s u m m o n s cal l ing upon t h e person against w h o m such j u d g m e n t decree ru l e or order was obtained to shew cause within such t ime after per­ sonal or such o ther service of t he summons as such J u d g e shall direct why execut ion should no t issue u p o n such j u d g m e n t decree ru le or order and such summons shall give notice t h a t in default of appearance execut ion may issue accordingly and if t he person so sum­ moned does no t appear or does not shew sufficient cause against such summons it shall be lawful for any J u d g e of t he Sup reme Cour t or t h e said Court on due proof of such service as aforesaid to order execut ion to issue as u p o n a j u d g m e n t decree ru le or order of t h e Supreme Cour t of th i s Colony subject to such t e r m s and condit ions (if any) as to such J u d g e or Cour t may seem fit and the reupon and subject the re to t he person ent i t led to such execut ion shall have and be ent i t led to all such process a n d to all such r igh t s and remedies for t he enforcement thereof a n d the person against w h o m such execut ion is ordered shall in l ike m a n n e r be ent i t led to all such protect ive r igh t s and advantages as they would respectively have been ent i t led to had such j u d g m e n t decree ru le or order been obta ined in t h e Supreme Cour t

Cour t of th i s Colony a n d all such proceedings may be had or t a k e n for t he revival of such j u d g m e n t decree ru le or order or t h e enforcement thereof by and against persons not par t ies to such j u d g m e n t decree ru le or order as may be h a d for t h e l ike purposes upon any j u d g m e n t decree ru l e or order of t h e Supreme Cour t of this Colony.