Debts to Crown (1832) (WA)

2 GUL. IV. No. 5

Debts due to the Crown

WESTERN AUSTRALIA

ANNO 'SECUNDO

GUL. IV. REGIS

No. 5

An Act to secure the Payment of Debts due to the

Crown. [Assented to 6th March, 1832.

Preamble

HEREAS the mode of enforcing the payment of debts due to

the Crown as practised in England by extents in chief is

unsuited to the present circumstances of the Colony, and it is expedient

to provide a more simple method of securing payment of the same,

saving always to all parties legally entitled the right of disputing the

claim of the Crown : Be it therefore enacted by His Excellency the

Governor of Western Australia and its Dependencies, with the advice

Colonial Secre-

of the Legislative Council, that as soon as conveniently may be after

tary to furnish

Registrar

the passing of this Act, the Colonial Secretary of the said Colony shall

Clerk with a list

furnish to the Registrar Clerk of the Civil Court thereof a list of all

of debtors to the

Crown

persons indebted to the said Government ; and that when and so often

Whenever final

as any final judgment shall be recovered by any private suitor in the

judgment

against any such

said Court against any debtor whose name shall be contained in the

debtor, the

said list (under which judgment process of execution could be issued

Registrar Clerk

shall give notice

against the real and personal property of such debtor), it shall be incumbent upon the said Registrar Clerk within twenty-four hours after entry of such judgment to give notice in writing, according to the form (No. 1) in the Schedule hereunto annexed, to such debtor that unless he appear in the said Court on a certain day, to be named in such notice (not being less than three days from the date of such notice), and show cause to the contrary, execution will be awarded against him for the debt so due to the said Government, as well as for the amount recovered by such judgment as aforesaid, and at the same time the said Registrar Clerk shall give a notice in writing, according to the form (No. 2) in the said Schedule, to the party recovering such judgment.

If debtor fail to

appear on the 2. And be it further enacted that if such debtor on the day so

day appointed,	appointed for showing cause as aforesaid (until which day execution
execution in
favour of the	shall be stayed upon the said judgment) shall not appear and dispute
Crown	the claim of the said Government, then upon proof of his having been personally served with the said notice to show cause, the said Court shall award execution to be forthwith issued against the body, lands and goods of the said debtor in precedence and exclusion of all other process of execution previously issued at the instance of any private suitor, and under which no arrest of person or sale of lands and goods shall have been actually made at the date of such award.
If debtor appear

on the day	3. And be it further enacted that if on the day appointed for
appointed, the

matter shall be	showing cause as aforesaid the said debtor shall appear and offer to
heard	show cause against the claim of the said Government, it shall be law-

2 GUL. IV. No. 5

Debts due to the Crown

ful for the said Court to hear and determine the matter of such cause in such and the same manner as if the same had been brought before the said Court by summons ; and if the judgment of the Court shall be in favour of the said Government, execution shall be forthwith

precedence and exclusion as aforesaid ; but if the judgment of the t„,"aroiwunst etxheeention	awarded against the body, lands and goods of the said debtor in If judgment
Court shall be against the said Government, process of execution shall awardcd for the be forthwith issued in favour of the party recovering such judgment as Prwat°"itor aforesaid.

4. And be it further enacted that in case the debt so due to the if execution for

said Government, together with costs, shall not be paid within five dentsra°MoasTi

s

days after the day of date of the process of execution, the lands and not paid, the

chattels attached under such process (or so much thereof as shall be public 141\ 1'Y

sufficient to discharge the said debt and costs, together with the fees

and expenses of sale) shall be sold by public auction by the Sheriff of

the said Colony, who shall with all convenient dispatch pay into the

hands of the Treasurer or Acting-Treasurer for the time being of the

said Colony, the debt and costs so levied as aforesaid on account of the

said Government.

5. Provided always, and be it further enacted, that if any debtor Debtor making

to the said Government shall make default by not appearing in the dp ay la/ lnt Ay

said Court on the day appointed to show cause as aforesaid, and shall show cause why

within five days after the date of process of execution issued against him, in consequence of such default, satisfy the said Court that such default was not wilful or negligent, it shall be competent for the said Court to stay execution upon such process, and to admit the said debtor to show cause, if any he may have, against the claim of the said Government.

6. And be it further enacted, that if the property of any debtor to the said Government against whom process of execution shall have

If property

sufficient, Sheriff

not to arrest,

been awarded as aforesaid shall be sufficient to answer the amount

and if the per-

directed by such process to be levied, it shall not be lawful for the said

:zgotltro?

Sheriff to arrest the person of such debtor ; and if the personal pro-

attach his real

perty of such debtor shall not be sufficient to answer the said last

property

mentioned amount, it shall not be lawful for the said Sheriff to attach

the real property of the said debtor.

7. And be it further enacted that the process of execution to be issued out of the said Court for the levying of any debt due to the said

Form of execu-

tion for the

Crown

Government shall be in the Form (No. 3) in the said Schedule.

8. And in order that no private creditor may be prejudiced by Creditors to. be suing any debtor to the said Government, not knowing him to be such : 1011„ft,jviol,11; Be it further enacted that the said Registrar Clerk shall inform without debtors ton?

fee, and whenever called upon so to do, any creditor suing or about to a:owl:n	i l"	10
sue any other person in the said Court, whether the person so sued or about to be sued is a debtor to the said Government, and to what amount.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

2 GUL. IV. No. 5

Debts due to the Crown

SCHEDULE REFERRED TO BY THE ABOVE ACT

FORM No. 1

Civil Court of 1

Western Australia i

Mr. A. B.,

Take notice that unless you appear and show cause to the contrary on the

day of next, at the hour of in the noon,

Execution will be awarded against your body, lands and goods, on account of a sum

of now due by you to the Local Government of the said Colony.

Dated the	day of
Signed C. D.,

Registrar Clerk.

FORM No. 2

Civil Court of

Western Australia f

Between C. D., Plaintiff, and A. B., Defendant

Mr. C. D.,

Take notice that the sum of is claimed to be due from the above-named A. B. to the Local Government of the said Colony, and that unless due cause be shown to the contrary by the said A. B. on or before the

day of next, Process of Execution will be awarded on account of the said claim against the body, lands and goods of the said A. B. in preference of the judgment by you recovered in the said cause, and that in the meantime execution is stayed upon the said judgment.

Dated the day of

E. F.,

Registrar Clerk.

FORM No. 3

Civil Court of I

Western Australia f

To the Sheriff of the said Colony

These are to require you to attach the body, lands and goods of A. B.,

of on account of a certain sum of (debt and

costs) now due by the said A. B. to the Local Government of the

said Colony, and that you cause the said sum of together with your charges about the same, to be levied of the said lands and goods within six days from the date hereof, unless the said sum of together with your charges as aforesaid, shall be sooner paid and satisfied, and return to the Registrar Clerk of the said Court what you shall have done by virtue hereof, for which this shall be your warrant.

Given under my hand this day of

C. D.,

Commissioner of the said Court.