No. XXIII
An Act to facilitate the Recovery of Judg ments against Debtors who have removed into adjacent Colonies, and the enforce ment of Judgments obtained in such Colonies against Debtors who have re moved therefrom into N e w South Wales. [13th May, 1889.;
| BE i t enacted by the Queen ' s Most Exce l l en t Majes ty , by and | w i t h t h e advice and consent of t h e Legislat ive Council and |
| Legis la t ive | Assembly of | N e w South W a l e s | in | Pa r l i amen t | assembled, |
and by t h e au thor i ty of t h e same, as follows ( tha t is to say) :-—
1. I n th is Act , which m a y be cited as t he " In te rco lonia l Debts
| Act , 1889 , " and which shall be read wi th t h e Dis t r ic t Cour ts Ac ts | t he |
| express ion— |
" C le rk" means clerk, registrar , or o ther proper officer of t h e
Cour t in connect ion wi th which the t e r m is used,—
| " C o l o n y " means any Colony or Prov ince in Aust ra l ia | or | in |
| Tasmania or N e w | Zea land ,— |
| " Dis t r ic t | Courts A c t s " means | t h e " Dis t r ic t | Courts A c t of | 1858" |
| toge ther | wi th | every | Ac t | a m e n d i n g | t h a t | A c t , — |
| " L o c a l | C o u r t " | includes | Dis t r ic t | Cour t | and | any | inferior | Cour t |
be ing a Cour t of record, and h a v i n g jur isdict ion, in act ions of debt or for a l iquidated sum, to t h e a m o u n t of two
2. If in any Colony the re be any law in force b y which effect
| m a y be given by the Local Courts thereof to t he j u d g m e n t s of | t he |
| Dis t r ic t Courts of N e w South Wales , t h e Governor, w i t h t he advice of | t h e |
| Execu t i ve Council , may , by proclamat ion, declare | t ha t | t h e | provisions |
of th is A c t shal l apply to t he j u d g m e n t s of t h e Local Cour ts of such Colony, a n d t h a t process issuing out of such Local Courts m a y be served in N e w South Wales, and tha t certificates of j u d g m e n t s obta ined
| n a t u r e of | t he same and t h e a m o u n t sought to be recovered. | (III) |
| in Dis t r ic t | Cour t s in N e w South Wales may , a t t he reques t of | t h e |
| j u d g m e n t creditors, be forwarded | to such | Colony ; | and t he r eupon | the |
provisions of th i s A c t shall so apply , and t h e regis t rars of Dis t r ic t Courts shall , subject to t h e provisions of this Ac t , give certificates of j u d g m e n t s obtained in such Courts for regis t ra t ion in t h e Local Cour t s of such Colony.
| 3. | (I) | A n y summons issued u n d e r t h e au thor i ty of t he | Dis t r ic t |
Cour ts Ac ts for a debt or l iquidated demand in money, w h e t h e r on ba lance of account or otherwise , not exceeding in t he whole t h e sum of two h u n d r e d pounds (if such summons bear an endorsement unde r the seal of t h e Dis t r ic t Court whence i t issues to t h e effect t h a t it is for service out of t h e jur isdict ion) , m a y be served out of t h e jur isdic t ion.
| (II) | Before any such s u m m o n s is so endorsed and sealed, t he |
plaintiff, or some person on his behalf, shal l file an affidavit, in t h e
form in t he First Schedule here to or to t he l ike effect, s ta t ing t h a t t he defendant is resident out of t he jur isdict ion, and t h a t the plaintiff has a good cause of act ion which arose wi th in t h e jur isdict ion, and t h e
(III) Such affidavit shall also s tate t h a t t h e claim is for a debt or a l iquidated demand in money no t exceeding in t h e whole t he sum of two hund red pounds, or tha t if i t or iginal ly exceeded t h a t sum it has been reduced, b y paymen t or admi t t ed set-off or by abandonmen t of excess, to a sum not exceeding two hund red pounds , and shal l set forth w h a t is believed to be t h e defendant ' s t h e n place of residence and the dis tance in miles (approximate ly) of such place of residence from t h e Cour t in which such summons is issued.
| (IV) | Proof shall also be given to t h e satisfaction of t h e J u d g e |
| of t h e Dis t r ic t | Court whence such s u m m o n s issues, or to t he satisfaction |
| of | a | St ipendiary or Police Mag i s t r a t e ac t ing for t he | Dis t r ic t in | which |
such Dis t r ic t Court is holden, or should the re be no such Magis t r a t e to t he satisfaction of a Jus t i ce of t he Peace for t h e Colony of N e w South Wales tha t , prima facie, a good cause of act ion exists, and
t h a t apparen t ly jus t i ce will be done by al lowing t h e summons to be so endorsed, and sealed and the plaintiff t o proceed unde r th is Ac t .
4s. E v e r y such summons shall be served personally, and proof
of such service shal l be m a d e by affidavit before a n y Jus t i ce of t he Peace of t h e Colony in which such s u m m o n s was served, or before a commissioner for t a k i n g affidavits in t h e Supreme Cour t of N e w South
| Wales res ident in such Colony ; b u t if i t be m a d e to appear to t h e | J u d g e |
of t h e Dis t r ic t Cour t whence any such summons issued, t h a t reason able efforts were made to effect personal service thereof upon t h e defendant, and tha t it came to such defendant ' s knowledge , and t h a t he wilfully neglects to appear to such summons , or if i t be m a d e to appear to such J u d g e t h a t t h e defendant has removed, or is l iv ing, ou t of t he jurisdiction in order to defeat or delay his creditors or deprive t h e plaintiff of t h e relief to which he is ent i t led, such J u d g e may , on the appl icat ion of t he plaintiff, order t h a t personal service m a y be dis pensed wi th , and tha t t h e plaintiff shall be a t l iber ty to proceed in t he act ion in such m a n n e r and subject to such conditions as to such J u d g e may seem fit, a l t hough the s u m m o n s has not been served personally
| upon the defendant , and t h e r e u p o n | t h e plaintiff | may proceed in t he |
action aga ins t such defendant accordingly.
| 5. W h e r e t he defendant resides wi th in twen ty miles of | t he |
Dis t r ic t Cour t a t which any summons issued for service out of the jur is dict ion is r e tu rnab le , such summons shall be issued six clear days, a n d served four clear days a t least, before the r e t u r n day thereof ; where he resides beyond t w e n t y and wi th in fifty miles of such Court , such sum
mons shall be issued e ight clear days, and served six clear days a t least,
before t he r e t u r n day thereof; and where he resides beyond fifty miles
from such Court , t he respect ive periods to elapse be tween the issue and the service of t he summons and the r e t u r n day thereof shall be fixed by t h e J u d g e of such Cour t or St ipendiary or Police Magis t ra te or J u s t i c e as aforesaid after t he affidavit aforesaid has been filed and before t h e issue of t he summons , and in fixing such periods regard shall be had to t he dis tance of the place of residence of t h e defendant from such Cour t .
| C. (I) | A n y person who obtains a j u d g m e n t in any action in any |
| Dis t r ic t Cour t | may file wi th | t he Reg i s t r a r of | such Cour t | a n | affidavit |
by himself or some person on his behalf cognizant of t h e facts. Such affidavit shall be in t he form in t he Second Schedule hereto or to t he l ike effect, and shal l set forth t h a t a j u d g m e n t has been obta ined in such Cour t in respect of a cause of ac t ion which arose w i th in t h e jur isdic t ion, for a debt or a l iquidated demand in money , and shal l specify t he n a t u r e of the cause of act ion and the a m o u n t recovered,
| and shall s ta te t h a t t he t ime for appea l ing has expired and t h a t | no |
| appeal is pending , t h a t such j u d g m e n t is still in full force and | remains |
unsatisfied
unsatisfied (or if par t ly satisfied, to w h a t ex ten t , and the a m o u n t or ba lance remaining- due and unsatisfied), and tha t t he person against w h o m such j u d g m e n t was recovered is resident ou t of t he jur isdict ion.
| (II) A n y such person obta in ing | a j u d g m e n t | as | aforesaid |
may , after such affidavit has been filed, deliver to such regis t rar a notice, in the form in the Third Schedule hereto or to the l ike effect, r equ i r ing such regis t rar to prepare a certificate of such j u d g m e n t and to forward t h e same as hereinafter p rov ided ; and the reupon such regis trar shall p repare a certificate of such j u d g m e n t in t h e form in t h e F o u r t h Schedule hereto or to t h e l ike effect, and the same shall be signed by h i m and shal l be au then t i ca ted by t h e seal of such Court . Such certificate shall s ta te t h a t such j u d g m e n t was obta ined in such Cour t in respect of a cause of act ion which arose wi th in t he jur isdic t ion for a debt or l iquidated demand in money not exceeding the s u m of two hund red pounds, and shall specify t h e n a t u r e of t he cause of act ion a n d the a m o u n t recovered, and shall s ta te t h a t t h e same is in full force a n d remains unsatisfied (or if par t ly satisfied t he a m o u n t or ba lance r ema in ing due and unsatisfied), a n d shall be addressed to t he clerk of such Local Cour t of a Colony in which this A c t has been procla imed to be in force as such person may require , and shall be forwarded b y t h e Regis t ra r of t h e Cour t g iv ing the same th rough the post by regis tered le t ter addressed to t h e clerk of such Local Cour t .
| 7. | T h e Regis t ra r of any Dis t r ic t Cour t in which | a j u d g m e n t | has |
been obtained and of which j u d g m e n t a certificate as aforesaid has been given shall (upon receipt of a certificate in the form in t h e F i f th Schedule here to or to t he l ike effect unde r t he hand of the cleric of any Local Cour t of a Colony in which th is Ac t has been proclaimed to be in force and au then t i ca t ed by the seal of such Cour t s ta t ing t h a t
| such j u d g m e n t has been satisfied ei ther whol ly or in par t ) | en ter | up |
| satisfaction in t he register of such Dis t r ic t Court to the | a m o u n t |
| ment ioned in such las t -ment ioned | certificate. |
8. (i) The Regis t ra r of any Distr ict Cour t shall upon receipt t h r o u g h t h e post of a registered le t ter con ta in ing a cert i l icate (in the form in t h e Six th Schedule hereto or to the l ike effect addressed to M m as such regis t rar unde r the hand of t he clerk of any Local Cour t of a Colony in which th is Ac t has been proclaimed to be in force and au then t i ca ted by the seal of such Court) of a j u d g m e n t obtained
| in such Local Cour t against any person res ident in N e w South | W a l e s |
s ta t ing t ha t such j u d g m e n t was obtained in such Local Cour t in respect of a cause of act ion which arose wi th in t he jur isdict ion thereof for a deb t or l iquidated demand in money not exceeding the sum of two
| h u n d r e d pounds , and specifying the n a t u r e | of | t he cause of | action | and |
| t h e a m o u n t | recovered, and s ta t ing t h a t t he same is in | full force and |
| remains unsatisfied | (or if par t ly satisfied t he a m o u n t or ba lance |
| r ema in ing due and unsatisfied), en te r u p | j u d g m e n t | in the register | of |
| such Dis t r ic t Cour t | for t he a m o u n t appear ing in such certificate; to be |
| due in favour of t he person named there in as t he j u d g m e n t | creditor |
| and | aga ins t | t he | person n a m e d | there in | as t h e j u d g m e n t | debtor . |
| (II) | The Regis t ra r of such Dis t r ic t Cour t shall on t h e receipt |
of such certificate for thwi th send b y post a notice in t he form in the Seventh Schedule here to or to t he l ike effect addressed to t he defendant a t his address specified in such certificate.
| (III) Such | j u d g m e n t shall t he reupon be deemed to be a |
j u d g m e n t of such Distr ict Court , and shall have t he same force and effect as if such j u d g m e n t had been obtained in such Dis t r ic t Court , and the l ike proceedings may be had and t aken upon and unde r the same accordingly.
(IV) The Supreme Cour t or a J u d g e thereof may , on the
appl icat ion of any person against whom j u d g m e n t has been so entered
| I! | up, |
| up , | e i ther set aside such j u d g m e n t or direct a s tay of execut ion or of |
| proceedings | on such j u d g m e n t ; | or t h e J u d g e | of such | Dis t r ic t Cour t or |
| a | St ipendiary | or Police Mag i s t r a t e | ac t ing | for t h e Dis t r ic t | wi th in | which |
| the person agains t w h o m j u d g m e n t | has been so entered u p resides, |
| or should t he r e be no such | Magis t ra te , a Jus t i ce of t he Peace | for t he |
| Colony of N e w South Wales m a y on t h e appl icat ion of such | person |
| direct a s tay of execut ion, or of proceedings, on such j u d g m e n t ; | and |
| on | t he hea r ing | of | a n y such | appl icat ion such | Court , | J u d g e , | Dis t r ic t |
| Court | J u d g e , | St ipendiary | or | Pol ice Magis t ra te , | or J u s t i c e | m a y enter |
| upon | t h e mer i t s | of t h e whole | case, b u t t h e j u d g m e n t | so | entered u p |
| shall be regarded as prima facie | proof of t he plaintiff 's case. |
(v) The se t t ing aside such j u d g m e n t or stay of execut ion or
| of proceedings | m a y be ordered | b y such | Court , J u d g e , Dis t r ic t | Cour t |
| J u d g e , | St ipendiary | or Police | Magis t ra te , | or Jus t i ce | upon | such | t e rms |
| as t o g iving securi ty or paymen t | of costs, or as to m a k i n g | appl ica t ion |
| to t h e Local Cour t in wh ich t h e j u d g m e n t was originally | made to set |
| aside t h e same, or otherwise, as to t h e said Supreme Cour t | J u d g e , |
| Dis t r ic t | Court | J u d g e , St ipendiary | or Pol ice | Magis t ra te , | or J u s t i c e | m a y |
| seem fit. |
| 9. | On the satisfaction, | e i ther whol ly or in par t , of any j u d g m e n t |
| entered | u p in t h e regis ter of | any Dis t r ic t Cour t | unde r t h e | provisions |
| of t h e last preceding | section, t h e Reg i s t r a r | of such Dis t r ic t Cour t | shal l |
for thwith give not ice in t h e f o r m in t h e E i g h t h Schedule here to or to t h e l ike effect of such satisfaction or pa r t satisfaction (as t h e case m a y be) to t he clerk of t h e Local Cour t in which such j u d g m e n t was originally obtained, and f rom w h o m h e received t h e certificate thereof. Al l moneys received or paid into Cour t in satisfaction of such j u d g m e n t
| shall , after t he cost of r emi t t i ng t h e same has been deducted | therefrom, |
| be remi t ted to t he clerk of such Loca l | Cour t . |
S C H E D U L E S .
| F I R S T | S C H E D U L E . |
| COLONY | OF N E W SOUTH | W A L E S . |
| I n | t h e D i s t r i c t | C o u r t | at | _ | _ | N o . o f | p l a i n t |
| B e t w e e n | A . B . . of | [address | and | description^, | p laint i f f , |
| C D . , | of | [address | and | description'], | d e f e n d a n t . |
| I , | A . B . , o f | [address | and | description], | m a k e | o a t h | a n d s a y as f o l l o w s | :—• |
| T h a t | I | a m i n f o r m e d | a n d v e r i l y | b e l i e v e | t h a t | t h e sa id | C D . | i s r e s i d e n t | o u t o f | t h e |
| j u r i s d i c t i o n , | a t |
| T h a t | I | h a v e | a | g o o d | c a u s e | o f | a c t i o n | w h i c h | a r o s e | w i t h i n | t h e | jur i sd i c t i on | a g a i n s t | t h e |
| sa id C D . f o r t h e s u m of | for [here state shortly | the amount | sought | to he | recovered |
| and nature of the suit or cause of action ; if the amount originally | due has been reduced |
| It/ payment | or admitted | set-off | or by abandonment | of excess the same must he stated | and |
| particulars | given], | a n d t h a t | I | a m | i n f o r m e d | a n d | v e r i l y | b e l i e v e | t h a t | t h e sa id | C D . | n o w |
| r e s i d e s | a t | a n d t h a t | t h e | s a m e | i s | d i s t a n t | a b o u t | m i l e s | f r o m | t h i s | C o u r t . |
| S w o r n | at | i n t h e C o l o n y | of | N e w S o u t h | W a l e s | t h i s | d a y of |
| o n e | t h o u s a n d | e i g h t | h u n d r e d | a n d | b e f o r e | m e , | (J .11. , | a | D i s t r i c t | C o u r t | J u d g e , |
| &c. , | i n t h e C o l o n y | of | N e w S o u t h | W a l e s | [or | a C o m m i s s i o n e r | f o r | t a k i n g | affidavits | i n t h e |
| S u p r e m e | C o u r t | o f t h e | C o l o n y | of | N e w S o u t h | W a l e s , | or | J u s t i c e | o f | t h e | P e a c e | o f t h e | C o l o n y |
| of | N e w | S o u t h | W a l e s , | or | a | R e g i s t r a r | or D e p u t y - R e g i s t r a r | of | t h e | D i s t r i c t | C o u r t | a t |
| i n | t h e | C o l o n y | of | N e w | S o u t h | W a l e s . ] |
S E C O N D
| S E C O N D | S C H E D U L E . |
COLONY OP N E W SOUTH "WALES.
| I n | t h e | D i s t r i c t | C o u r t | a t | N o . | of | p la in t |
| B e t w e e n | A . B . , p la int i f f , |
a n d
| C D , | d e f e n d a n t . |
| I , | A . B . , of | [address | and | description] | m a k e | oath | a n d s a y as f o l l o w s | : — |
| T h a t | on | t h e | d a y | of | o n e | t h o u s a n d | e i g h t | h u n d r e d |
| j u d g m e n t | i n | t h e | D i s t r i c t | C o u r t | at | in | a | c e r t a i n | c a u s e | [ N o . | of | p l a i n t |
| w h e r e i n | I | a m pla int i f f | a n d C D . | is d e f e n d a n t | w a s | r e c o v e r e d | b y | m e | in | r e s p e c t | of | a c a u s e |
| of | a c t i o n | w h i c h | a r o s e | w i t h i n | t h e | C o l o n y | of | N e w | S o u t h | W a l e s | for a d e b t | [or | l iquidated |
| d e m a n d | i n m o n e y ] | n o t e x c e e d i n g | t h e s u m of | t w o h u n d r e d | p o u n d s , | t o w i t t h e s u m | of |
| i n c l u d i n g | c o s t s | o f | s u i t | a g a i n s t | t h e | sa id | C D . , t h a t | s u c h | j u d g m e n t | w a s | o b t a i n e d | in |
| an a c t i o n f o r [here state cause of action and give particulars | ; also if the amount | original/// |
| due teas reduced | before action by payment, | admitted | set-off, or abandonment | of excess, | so |
| state | and | give | particulars'], | a n d t h a t | t h e l i m e | f o r a p p e a l i n g | a g a i n s t | s u c h | j u d g m e n t | has |
| e x p i r e d , | a n d | t h a t | n o | a p p e a l | i s | p e n d i n g , | a n d | t h a t | s u c h | j u d g m e n t | is sti l l | in | force | a n d |
| u n s a t i s f i e d | [or | t h a t | s u c h | judgment : | has b e e n | sat is f ied | in p a r t | b y t h e | p a y m e n t | of | t h e | s u m |
| of | b u t | is | s t i l l | in f o r c e | a n d r e m a i n s | u n s a t i s f i e d | t o | t h e | e x t e n t | o f | t h e | s u m | of |
| ] , | a n d t h a t | I | a m i n f o r m e d | a n d v e r i l y | b e l i e v e | t h a t | t h e said | C D . | is | r e s i d e n t |
| o u t | o f | t h e | j u r i s d i c t i o n | a t | [address]. |
| S w o r n | a t | in | t h e | C o l o n y | of | N e w | S o u t h | W a l e s | t h i s | d a y | of |