Debtors, attachment of (1836) (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

GULIELMI IV. REGIS,

No. 3.

AN ACT for attaching Debts, Money, Goods, or Effects in

the hands of third Parties.

[11th, April, 1836.

HEREAS it is expedient to facilitate the Recovery of Debts in

this Colony, where the Law of Arrest for Debt does not prevail, preamble,

W

and whereas it appears that a power for attaching Debts, Money,

Goods or Effects, in the hands of third Parties in the manner of pro- cess by writ of Foreign Attachment would be beneficial for that end: Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council, that from and after the commencement of this Act, it shall be lawful for any Plaintiff, who shall have obtained a Judgment, or who shall have commenced an action against any Defendant in the Civil Court of this Plaintiff may apply to the

Colony for the recovery of any Debt, Damages or Sum of Money, toCommissioner fora Rule in

apply to the Commissioner of the said Court for a Rule or Summons Foereina	gn AettaChmennit. o
in the nature of a Writ of Foreign Attachment.

II. AND be it further enacted, that the application for such Rules or Summons shall be grounded upon, or accompanied by, an Affidavit, grf Sula b application to be

on affidavit of

to the effect, either that the said Judgment still remains unsatisfied	debt due, &C.
or that the said Debt, or a portion thereof, still remains due; and also of the Deponent's belief that the party against whom he applies for such rule is indebted to the Defendant to some amount, or that he has money goods or effects in his hands or possession belonging to the said

No. 3. 6th Gulielmi IV. A. D. 1836.

Defendant; which Affidavit may be made before the Commissioner of the said Court, or any Justice of the Peace for the said Colony.

The Rule is to be directed III.

AND be it further enacted, that the Rule or Summons to be issued shall be directed, as well to such third Party, in whose hands the property is to be attached, as also to the Defendant, calling upon both, or either of them, to appear at a time and place therein appointed, and chew cause why such Debt, Money, Goods or Effects, or a requisite portion thereof, should not be paid or delivered over to the Plaintiff, in satisfaction or towards the discharge of his Debt ; and such Rule shall also contain, at the foot, a Notice to such third Party, warning him not to pay over such Debt, or deliver over such Money, Goods or Effects so attached in his hands, to the Defendant, or any other person on behalf of the Defendant, until the hearing of the matter by the said Commissioner.

to the Defendant, as well as

to such third. Party.

Sheriff or other Officer to IV. AND be it further enacted, that the Sheriff, or other Officer

take an Inventory of	serving such Rule, shall take an Inventory of such Property belonging
Property attached, and
cause an appraisement to be	to the Defendant, as shall be so attached in the hands of such third
made of value	Party so warned as aforesaid, and shall cause an appraisement to be made of the value of such Property, and shall return such Inventory, with such appraisement to the Court; and in order to effect such return, the Sheriff or other lawful Officer may call upon two competent, and disinterested Individuals, on oath, to appraise such Goods or Effects, and to require any Packages, Bale or any other thing containing property, to be opened, for the purpose of such appraisement.

If the Party warned shall	V.	AND be it further enacted, that if the Party so warned shall
pay over the debt, &c. to

Defendant, Judgment may	pay over such Debt, or deliver over such Money, Goods or Effects, to
be entered against him for	the Defendant, or any person on his behalf, after the service of such
amount.	Rule or after the disallowance of the cause shewn, then, in that case, Judgment may be forthwith entered up against such person for the full amount of such debt, or money, or the appraised value of such goods or effects, together with all costs of the proceedings connected there- with.

Party not obliged to make VI. PROVIDED always, that if the Party so warned shall, upon payment in other manner the service of the Rule, agree to pay the said Debt to the Plaintiff,than he agreed to pay the

Defendant. then, in that case, he shall not be obliged to make such payment in

any other manner, or at any other period, than he had agreed to pay

such Debt to the Defendant.

Receipt of the Plaintiff to VII. AND be it further enacted, that the Receipt of the Plaintiff

be a sufficient discharge. shall be a sufficient discharge p harae against the Defendant for such amount

Third Party may stop his b t,

costs out of amount. of Debt, Money, or appraised value of Goods, as shall be handed over

to the Plaintiff by such third Party, in whose hands such debt, money or other property shall have been attached; and such third party shall be entitled to reimburse himself for all reasonable expenses, out of the money or other property which has been so attached in his hands.

A. D. 1836. 6th Gulielrai IV. No. 3.

AND be it further enacted, that if such third Party, who shall have been so warned, shall signify to the Registrar Clerk of the	If the Party so warned shall
signify to the Registrar
Clerk his consent to pay, he need not appear in Court ;
civil Court before, or on the day of hearing, his consent in writing, to	;eesnilsotrranoadalearkrna. by the

VIII.

pay the Plaintiff the amount of such Debt, Money, or the appraised	&c.
value of the Goods so attached in his hands; it shall not be necessary
for such party to appear in Court on the day appointed for the hearing
of the Cause; but a memorandum of such consent shall be entered by

the Registrar Clerk; and if the Debt or Amount shall not be paid or	Debt not paid Judgment
satisfied, according to the terms of such consent, then, upon application	against third party.
of the Plaintiff to the Commissioner, leave may be given to enter up
Judgment against such third Party, for the whole, or so much of the Amount as shall still remain unpaid, together with such Costs, as 'shall have been incurred by the Plaintiff upon it.

IX. AND for the purpose of preventing, or punishing frivolous, or Commissioner to allow or

vexatious Applications, or Opposition, be it further enacted, that it	disallow costs, &c. &c.
shall be lawful for the Commissioner to allow, or disallow Costs or to give full, or exemplary Costs, against either, or any of the said parties, as the circumstances of the case may appear to require.

AND be it further enacted, that all such Rules and Decisions as the Commissioner may make, either with respect to the costs, or

Rule and Decision made by Commissioner to have the

same force as Judgment.

upon the merits of the Case, shall be entered of record, and have the

same force and effect as any other Judgment of the Court.

X.

AND be it further enacted, that nothing herein contained is to make it lawful to attach the Salary, Pay, or Pension of any Govern-

Not to affect pay &c., of

Public Officer, &c,

ment Officer, Naval or Military Officer, Seaman, Soldier, or other per-

son in the service or pay of the British, or Colonial Government.

XI.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

this 11th day of April, 1836,

PETER BROWN,

Clerk of the Council.

[Printed by Authority at the Government Press,