Debtors, absconding (1871) (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO QUARTO

VICTORIIE REGI

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No. XXVII.

AN ACT to facilitate the arrest of Absconding Debtors.

[ 17th January, 1871. ]

HEREAS the laws now in force for the arrest of debtors

and frauds may be perpetrated upon creditors by debtors whose debts W absconding from the Colony are insufficient for that purpose, Preamble.

may be less than fifty pounds ; Be it therefore enacted, by His Excellency The Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof:—

1 THAT if any professing creditor shall by affidavit of himself

or some other competent person satisfy the Resident Magistrate or Arrest of persons about to

other Justice of the Peace at or near any seaport in the said Colony quit the colony indebted.

that any person is indebted to such creditor in any sum not Tess

than ten pounds and under fifty pounds, and that there is probable

ground for believing that the person so indebted is about to quit the

34° VICTORIIE, No. 27.

Arrest of Absconding Debtors:

Colony iu some vessel then in such port, unless he be forthwith apprehended, it shall be lawful for such Resident Magistrate or Justice of the Peace, by a warrant to be signed and sealed by him, to direct any constable to apprehend such person.

2 THAT upon the arrest of any such person by any professing

Magistrate to hear and de- creditor as aforesaid, it shall be competent for the aforesaid Maois-

termme the case. b

trate forthwith to proceed to hear and determine the case, and to ascertain whether such debtor is truly so indebted, and upon being satisfied that he is so indebted, to commit the said debtor to prison, there to be kept, in default of payment of the said debt, until the departure of the said vessel from the said port, or until such debtor shall give security not to depart from the said Colony in such vessel.

PERTH:

By Authority : RICHARD PETHER, Government Printer.