Legal Process Restriction Act of 1904 (4 Edw VII No. 15) (Qld)

8698 DAIRY PRODUCE-DISTRESS. Legal Process Restriction. 4 EDw. VII. No. 15, Section 7. SCHEDULE II. CERTIFICATE OF EXPERT. " The Dairy Produce Act of 1904." To [name of inspector J. I, the undersigned, do hereby certify that I received on the day of from [name of inspector] a sample of dairy produce, namely [name article] [or water] for examination, and have examined the same, and declare the result of my examination to be as follows :- [Insert particulars ()f examination.] I am of opinion that [state whether or not an,V chan.'1e has taken place in the constitution of the article which would interfere with the examinatiolb. ] I am or opinion that [state whether 8'lmpZe does or does not contain foreign in.'1redients or is or is not sound and of good quality J. Dated at , thi8 day of . , 19 . A..B, Expert. DISTREPS. 4:E N d o w . . 1 V 5. II. An Act to Exempt Personal Property (to a limited THE LEGAL PROCESS RESTRICTION ACT OF 1904. amount) from Seizure and Sale under Legal Process. [ASSENTED TO 14TH DECEID3ER,1904.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- 18:tive Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. This Act may be cited as "The Legal Froaess Restriation .dat of 1904." Sewi~ g 2. After the passing of this Act, it shall not be lawful ~ ; ~ ~: ~ ~ing to distrain any sewing machine, type-writing machine, or machines, and mangle, the property of or under hire to any female emxaenmgpletsfrom person, f' or any ren t c 1 a · Ime d I ' n respec t 0 fth e premI.ses or distr~88 in place in which such sewing machine, tvpe-writing machine, certam cases. or mangIe may be: P rOVl· ded that a v nyone such person shall not be entitled to have more than one sewing machine, one type-writing machine, or one mangle pro- tected from distress under the provisions of this section. The exemption provided by this section shall be in addition to and not in suhstitution for any exemptiou from distress provided by any other provision of this Act or of any other Act.

DISTRESS. 8699 1904. Legal Process Restriction. " legal 3 p . roIcnessthwihsatAsocet vtehrebywworhdic"hetxheecugtoioodns"ofsaigtneinfiaenst aanrye tIl.Onnte. rpreta- ,taken or levied upon by the landlord by seizure, whether such process issues out of any court or is by way of distraint for rent; and the word "householder" signifies not only the occupier of an entire messuage, but also the person occupying any portion of a messuage, or occupying apartments in any messuage whether furnished or un- furnished. 4. Except as is hereinafter otherwise provided, where Exen:ption of any executI·On I.S . Issued agam. st the goods 0 f any house- pcerortpaemrty holder, the tools, necessary furniture, books for the educa- from . tion of the children, wearing apparel and bedding of such executlOn. person, his wife, and children, to a value, inclusive of tools, necessary furniture, books, apparel, and bedding, not exceeding ten pounds in the whole, shall not be subject to seizure or sale under such execution aforesaid, but shall be and remain the property of such householder, notwith- standing such execution. 5. (1.) When execution is levied upon the goods of Procedure. any householder- (a) Such householder must deliver to the officer making the levy under such execution a schedule of goods in respect of which he claims exemption, as mentioned in ~he last preceding section; (b) If such householder does not deliver a schedule of the goods in respect of which he claims exemption, the officer making the levy must exempt goods of the kinds mentioned in the last preceding section to a value not exceeding ten pounds in the whole. (2.) In either case if the assessed value of such goods is disputed, either party may apply to a justice of the peace, who shall hear both parties upon the question of value only, and the order made by such justice of the peace shall be binding and conclusive between the l)arties.