Recovery of Debts Act 1843 (SA)

ANNO SEXTO ET SEPTIMO

V I O T O R I A E R E G I N E.

/ No. 1 1. 1 843.

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A N OI(I)TNA NCE to facilitnte the Recovery of Deks in certain * I . d

,	Cases.	.. * 1,
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\YHEREAS it i s expedient to provide for the *ore speedy re- Recitd ~t las ex- l . ,. ..

pediency of pmid-

covcry of Debts in cnscs wherc the Defendant fails to enter. an &p- mg for ' the more	I , - ,.
pearancc to the. hctiou nlld also in certain cascsl.of ascertained speedy t e cmr). of	..
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mount whercin the party sued has no real defence to the claim Debt&	; '

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against him on the merits of thc casc : '*. ; t c - 7, ;

c.

BE I T THEREFORE ENACTED	BY HIS EXCELLENCY	THE GOVERNOR	In actions on simple	1.. .
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contxnct and up011

of South Australia with tl!e	advice and consent of the Lcgislatire	Bills	of	'Exchange	*	I	*
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Council tllereof '$hot in ovmy action of itldebifntm arsnqlrit and judgment nndPmmitsoryNotcs may ba . . .

of Dcbt on simple contract or ,upon Bills of Exchange and Pro- ,I%

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missory Notoe brodght in the Suprcmc Court of this Province it rfcndnnt in r sum- , g I .

m n r ~ way in dvfualt I.

h l l bc lawful after thc expiration o f the time ollo~ved	by the rides or the Dckndant'q	t, I	.. I
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of the Court in force for thc time being for tlic Dcfendnnt's np ;,g%tc;,~	;E	G	a
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Pewonce and in defblt of swh appearance for thc Plaintiff together ticul, .r * i d..

m a d verified by . S

with the usual affid of the service of the Writ upon thc DC- rfiidarit,

fend- t * , . .

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fendant (in which affidavit it shall be made to appear that notice of l the amount claimed by the Plaintiff was cndorsed upon such Writ) to file in the said Court particulars of his demand setting forth the several items and dates thereof and if the demand be upon a Bill

,: of Exchange or Promissory Note setting fmth n copy of such bill or

' note together with the indorsements thereon and also an affidavit by

, the Plaintiff or some person cognizant of the fact$ of the case ve6-

fying such particulars of demand and stating tJie amount due to t b p

' Plaintiff in respect thereof nucl thereupon (and in case the claim or

I any part thereof shall be upon any Bill of Exchange or Promissory

'Note then upon exhibiting such bill or note to the Clerk or proper Officer of the Court who s l d l mark such bill or note as exhibited

in the action to which it relates and return it to the person ex-

hibiting the same) judgment for the Plaintiff may be forthwith

signed and execution issued for the amount so sworn to with costs.

arises upon s bill or l iplaintias acmand $11. And be it further enacted that if the demand of the Plaintiff notc the Defendant in any such action shall arise upon an acceptance of a Bill of Ex-

in order be allow- change or the making of n Promissory Note by the Defendant or	ed to defend the ac-
e,,. m,,st m any Agent lowfully acting owhis behalf shewing a certain amount
nfidfivit of hie to be due from the Defendant to the Plaintiff then in order to be
ground8 of defeqco. permitted to dcfcnd the action it shall be necessary for the Defendant

R+ at thc time of entering hi, appearance or for some person cognizant

4 S-3 of the facts of the case to make an affidavit shewing that he has a

pp5@	M-	h t~culrtr grounds of such dcfence and in. default of such affidavit	nwd clefcnce on the merits of the case and scttinp forth the par-
bcing made and filcd judgment may be cntcrcd and execution issued
in manner aforesaid for the amount due to tllc Plaintiff as if no

0	appcarance had beeh entered and if an appearance shall be duly entered and such affidavit ehall be duly made and filed by the De-
fendant then the auction shall proceed as in ordinary cases.

NO^ neceassry to en- 111. And be it further enacted that in order to the entering up

~ w ~ ~ of judgment as aforesaid it shall not be necessary to cntcr thn pro- ~ 6; ; ~

n q prns but an cccdings or any part thereof on record in the manner heretofore rnLv the judp wed but it shall be sufficient that the several matters hereinbefore ment to bo made ia

b ~ k. rcquircd to be dofie be done accordingly and that an entry of the signing the judgment and of the amount thereof be made by the Clerk or othcr propm Officcr of the Court in a book to be provided for that purposc.

,or inprme IV. P~oV~CIC~ d ~ v l l ~ a ~ ~ that it fihal1 be lawful for thc Supreme Court

~6w.r.r

m J u d ~ lo and any Judgo tllcreof to set aside any judgment obtained by virtue

net m d o procced~nga

and i t Dofen. of or undcr color of this Ordinance and to permit the Dcfcndnnt to

dan"Otr~tho~ctiOo	try thc action upon the mcrits in any case in which such Court or
on Lbo merib,
Judge shall k m it consistent with the purposes of justice 80 tb do

nnd

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and upon such terms as to costs or otherwise as to th'e Court or

Judge shall seem fit.	k,
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V. And be it enacted that this Ordinance shall not commence or o r ~ i a n c o not to , 'a .. ( i

commance \ill Royal

take effect until the same shall have received the Royal approbation approbation notified.	\ a
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and the notification of such approbation shall have been made by	f. :;
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His Excellency the Governor in the ecSouth Australian Government	t
Gazette. "	i
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GEORGE GREY, .+. .' i

Governor and Commander-in-Chief. ; +

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Passed in the Le.qislative Council, this Second

day of .November, 1843. > a + r :!: " I

W. L. O'HALLORAN, 4 ?

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Clerk of Council. .' i

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ADELAIDE :

PribM by authority by Arohibsld Hacduupll, Oorrrnmtnt Printer, Rundle*mtreet.