Debtors, absconding (1844) (WA)
WESTERN AUSTRALIA
ANN() OCTAVO
VICTORLE REGINE
No. 10
An Act to extend the remedies of Creditors against
Debtors about to leave the Colony.
[Assented to 22nd August, 1844.
| Preamble | HEREAS by the ninth section of an Act of the Legislative WIV., intituled ' An Act for establishing a Court of Civil Judicature,' itCouncil passed in the second year of the reign of King William |
| is enacted that if any person shall have a claim or ground of action of whatsoever nature against any other person who may be about to leave this Colony, and the party having such claim or ground of action as aforesaid shall produce to the Commissioner of the Civil Court | |
| reasonable prima facie evidence of such his right of action and of the | |
| intention of such other party to leave the Colony, in such case it shall be lawful for the said Commissioner to issue a warrant under his hand for the apprehension of the party intending to leave the Colony, who |
8 VICTOHIIE. No. 10
Remedies of Creditors against Debtors
shall thereupon give reasonable security, at the discretion of the said Commissioner, to abide the result of proceedings in the said Court to be founded on such right of action, or else shall be kept in custody until such proceedings shall have terminated : Provided always that the party claiming such warrant shall prosecute his claim with all reason- able diligence, otherwise it shall be lawful for the said Commissioner to discharge the party so kept in custody as aforesaid on his petition ; and whereas it is expedient to empower some other person to issue such warrant as aforesaid during the occasional absence on circuit of the said Commissioner : Be it therefore enacted by His Excellency the The Governor
| Governor of Western Australia, by and with the advice and consent of | cpu | iz,viorpeersoollafo. |
| the Legislative Council thereof, that during any occasional absence on net in certain | a n | esceas | s iounratee |
circuit of the Commissioner of the Civil Court, it shall be lawful for
I-Es Excellency the Governor, upon the written application of any ,suln:ift:Jeciett'o"-
party desiring such warrant as aforesaid, or such warrant as herein- Civil Court
after mentioned, to appoint some fit and proper person to receive such
evidence and to issue such warrant as aforesaid or as hereinafter men-
tioned, and to do all things incident to and collateral therewith as the
said Commissioner is empowered to do by the said section of the Act
aforesaid or by this Act.
| 2. And be it enacted that if any person has or shall, before or sole acceptor of a | oE | ja | yaiti | nir | , |
after the passing of this Act, become the sole acceptor of any bill of
| exchange, or sole maker of any promissory note, or has or shall have tile | iC | olony, about |
entered into any other valid contract, written or verbal, by which bill, CO1==r0
| note or contract such person is or shall be solely bound or liable to pay me | rmea gy. |
within this Colony to any other person or persons any sum of money arrested,
on or before a certain day or time (the payment of such money not rietumeneramga-th„
| being secured by mortgage or pledge), and if the person for the time him as for a | being entitled to the benefit of such bill, note or contract, or his or her present debt | |
| agent, shall, by the affidavit of himself or herself or of any other person, show to the satisfaction of the Commissioner of the Civil Court that the person so liable as aforesaid is about to leave this Colony before the time of payment specified by such bill, note, or contract without having satisfied the same, and without giving or tendering reasonable security (other than such bill, note, or contract itself) for the due satisfaction thereof it shall be lawful for the said Commissioner, or for any person appointed to act during his absence as aforesaid, to order that the person so about to leave this Colony be forthwith arrested to answer an action to be forthwith commenced against him or her by, or in the name of, the person by whom or in whose behalf such order shall have been obtained, for the amount secured by or remaining due upon such bill, note, or contract, as for a debt already payable ; and thereupon it shall be lawful for the person on whose behalf such order shall have been obtained, or for his or her agent, forthwith to commence such action and to sue out of the said Court, a writ or warrant in the form sanctioned by the present or any future rules and orders of the said Court for the arrest of the person so about to leave this Colony as aforesaid. | ||
| 3. And be it enacted that if any person arrested under any such Ii.intlyEr,r order as aforesaid shall pay to the Sheriff or Sheriff's Officer making 'either ply the | ||
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S VICTORDE. No. 10
Remedies of Creditors against Debtors
the rules for the time being of the said Court) for the interval between the time of such actual payment and the time of payment according to contract, together with the Sheriff's lawful fees and charges for such arrest, and the sum of thirty shillings to answer plaintiff's costs ; or if the person so arrested shall make such deposit or give such other security as is or shall be required by the rules and orders of the said Court to procure the discharge of a person arrested for a present ground of action, then and in any of the said cases the person arrested under any such order as aforesaid shall be forthwith discharged from the custody of the Sheriff without any order for that purpose.
If the person so 4. And be it enacted that if any person arrested under any such
arrested shall not
pay or give seen. order as aforesaid shall fail to make such payment to the Sheriff or
ritX, he shall re- moan 11/ custodySheriff's Officer, or give such security as aforesaid, he or she shall
| nonsuit and it shall be lawful for the plaintiff in any such action as aforesaid | ma judgment or remain in the custody of the Sheriff till final judgment or nonsuit ; |
to prosecute the same in like manner as for a debt already payable ; but the plaintiff shall not be entitled to recover by such action more than the difference between the amount contracted to be paid by the defendant therein and the interest on such amount after the rate aforesaid for the interval between the date of judgment in such action
But if plaintiff and the time fixed by contract for the payment of such amount : Pro- fail to use due vided always that if the plaintiff in such action shall fail to prosecutediligence, Com-
missioner may the same with all reasonable diligence, it shall be lawful for the said
discharge the party fromCommissioner to discharge the party so kept in custody as aforesaid
| custody , | on petition or motion. |
Sheriff to dispose 5. And be it enacted that the Sheriff shall dispose of any sum or
| gtZeMatile sums paid into his hands under the provisions of this Act in like | rules and orders manner as he is directed by the rules and orders for the time being ofof the court |
the said Court to dispose of any sums paid to him in cases of ordinary
arrests.
Lob may be
| amended | 6. And be it enacted that this Act may be altered, amended, or repealed by any Act to be passed during this present session. |
JOHN HUTT,
GOVERNOR.
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