Foreign judgments (1856) (WA)

WE STERN AUSTRALIA

ANNO NONODECIMO

VICTORTIE REGhNiE

No. 13

An Ordinance for the Relief of Creditors against Persons

Removing from one Australasian Colony to another.

[Assented to 12th June, 1856.

Preamble

WHEREAS the proximity of the several Australasian Colonies to

each other and the separation of their respective jurisdictions

greatly facilitate the evasion of the judgments, decrees, rules and orders

of the Supreme Courts of the said Colonies respectively, and it is

expedient to provide a remedy in that behalf: Be it therefore enacted

by His Excellency the Governor of Western Australia, and its Depen-

dencies, by and with the advice and consent of the Legislative Council

thereof, as follows :—

Memorial of 1. It shall be lawful for any person in whose favour any judgment,

JudAgraelA &C" unuer sea/ ofdecree, rule or order whereby any sum of money is made payable, shall

of auy other	Supreme Court have been obtained in the Supreme Court of any of Her Majesty's
Australasian Australasian Colonies, including islands and colonies of New Zealand, Colony Mal itt to cause a memorial of the same, containing the particulars hereinafterl ourt, at
Perth, Western mentioned and authenticated by the seal of the Court wherein such
Australia, shall '
be a recordjudgment, decree, rule or order was obtained, to be filed in the office of
cation may issue being so filed shall thenceforth be a record of such judgment, decree, thereof, and exc.- the Civil Court of Western Australia at Perth, and such memorial

rule or order, and execution may issue thereon as hereinafter provided.

Particulars of 2. Every such memorial shall be on parchment or paper and memorial signed by the party in whose favour such judgment, decree, rule or

order was obtained or his attorney, and shall contain the following particulars, all of which shall be fairly written, without interlineations

19 VICTORI,E. No. 13

Debtors (Intereolonial Judgments)

or erasures, and (with the exception of dates) in words at length, that is to say :—The names and additions of the parties, the form or nature of the action or suit or other proceeding, and when commenced ; the date of the signing or entering up of the judgment, or of passing the decree or of making the rule or order ; and the amount recovered, or the decree pronounced or rule or order made ; and if there was a trial the date of such trial, and the amount of verdict given.

3. It shall be lawful for the Judge of the Civil Court of this Mode of obtain-

Colony, upon the application of the person in whose favour such judg- big execution

ment, decree, rule or order was obtained or his attorney to issue a

summons calling upon the person against whom such judgment, decree,

rule or order was obtained, to show cause within such time, after

personal or such other service of the summons as such Judge shall

direct, why execution should not issue upon such judgment, decree,

rule or order ; and such summons shall give notice that, in default of

appearance, execution may issue accordingly ; and if the person so

summoned does not appear, or does not show sufficient cause against

such summons, it shall be lawful for the Judge of the said Civil Court,

on due proof of such service as aforesaid, to order execution to issue as

upon a judgment, decree, rule or order of the said Civil Court, subject

to such terms and conditions (if any) as to such Judge may seem fit ;

and thereupon and subject thereto, the person entitled to such exe-

cution shall have and be entitled to all such process, and to all such

rights and remedies for the enforcement thereof ; and the person against

whom such execution is ordered shall in like manner be entitled to all

such protective rights and advantages as they would respectively have

been entitled to, had such judgment, decree, rule or order been obtained

in the said Civil Court ; and all such proceedings may be had or taken

for the revival of such judgment, decree, rule or order, or the enforce-

ment thereof, by and against persons not parties to such judgment,

decree, rule or order, as may be had for the like purposes upon any

judgment, decree, rule or order of the said Civil Court.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.