Debt recovery (1836) (WA)

WESTERN AUSTRALIA

ANNO SEXTO

GULIELNII W. REGIS,

NO. 2.

AN ACT for the Recovery of small Debts in a summary way

in Districts remote from Perth.

[11th April, 1836.

HEREAS it is expedient to provide an easy and summary mode tricts which, by reason of their remoteness, are situated at an incon-W Preamble.

of recovering small Debts, Dues, and Demands in those Dis-

venient distance from the Civil Court ;—Be it therefore enacted by His

Excellency the Governor of Western Australia, by and with the advice

and consent of the Legislative Council, that from and after the passing

of this Act it shall be lawful for the said Governor, by warrant under

Ids hand and seal, from time to time, as occasion may require, to ap-

point one or more Justice or Justices of the Peace, in any of the re-	to hear in a summay way
Justices in remote districts
moter districts of this Colony, to hear and determine in a summary	questions of debt not
way all manner of Disputes or Differences between Party and Party,	exceeding £10.
provided that the Debt, Damages, or other Thing claimed, shall not exceed the Amount of Ten Pounds in value, and provided, also, that no question relating in any way to the Title of Lands shall be enter- tained or decided in any such proceedings.
Governor may amid or

II. AND be it further enacted, that it shall be lawful for the said alter Jurisdiction.

Governor, by and with the advice and consent of the Executive Coun- cil of the said Colony, at any time, to alter, suspend, or annul the Appointment, or to limit or extend the Jurisdiction, of such Justice or Justices, if it shall be deemed expedient so to do.

No. 2. 6th Gulielmi IV. A. D. 1836,

*Upon complaint Justice is III.

AND be it further enacted, that when any stch Complaint as aforesaid shall be made to any such Justice so appointed, such Justice

to issue Summons, &c.

shall issue his Summons, wherein shall be expressed the names of the Plaintiff and Defendant, the cause of Complaint, and an appointed Time and Place for hearing such Complaint.

At the hearing Justice is to	IV.	AND be it further enacted, that at theappoi nted time, for
exam. Defendant and

Witnesses on oath, and

hearing of the Cause, such Justice or Justices may proceed to inquire

make his decision on the

merits, consonant to equity

into the merit of such Complaint, by an examination of the Defendant

and good conscience.

himself upon oath, if such Justice or Justices shall so think proper, and by the further examination upon oath of such Witnesses, as either

Party may produce, and, after such examination, may proceed to make

such decision as shall be agreeable to the merits of the case and con-

sonant to equity and good conscience.

PROVIDED always, nevertheless, and be it further enacted, that in case the Defendant shall nct have appeared at such healing, it

V.

If the Defendant does not

appear, proof must be made	shall not be lawful to make such decision against the Defendant, unless
of the service of the	it shall be satisfactorily proved, upon oath, that the Defendant was
Summons on Defendant a
reasonable time before the	personally served with such Summons, or a copy thereof a reasonable
hearing.	time before the day appointed for such hearing, or that such summons or a copy thereof had been left with some member of the family or
household of the Defendant, of the age of sixteen years and upwards,
at the usual or last place of abode of such Defendant, a reasonable time
before the day appointed for such hearing.
Justice to issue his Warrant

VI.

AND be it further enacted, that it shall be lawful for the said sale of goods, all such Sums as may be decreed against . the Goods of the Defendant, in case of such a Decree ; or against the Goods of the Plaintiff, in case the complaint shall be dismissed with costs.

to levy sums decreed, and	Justice or Justices to issue his or their Warrant to levy, by distress and
Defendant.
Costs, against Plaintiff or

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

The 11th Day of April, 1836,

PETER BitowN,

Clerk to the Council.

[Printed by authority at the Government Press.]