STATUTORY RULES.
1939. No. 61.
SUPREME COURT OF THE AUSTRALIAN
CAPITAL TERRITORY.
Rules of Court.*
(As
of Monday, the 31st day of July, 1939.)
PURSUANT
to the Seat of Government Supreme Court
Act 1933-1935, and to all other powers thereunto enabling, it is ordered
that the Rules of the Supreme Court of the Australian Capital Territory
be amended as follows :—
Form
of indorsement.
1. Order
43, rule 16 is amended by omitting the figures “44” and inserting in their
stead the figures “43”.
First
Schedule—Forms 54 and 55.
2. The First Schedule is
amended by omitting Forms 54 and 55 and inserting in their stead the following
forms:—
“Form 54. 0.43.
r. 12.
WRIT
OF FIERI FACIAS.
[Heading as in Form 1.]
George the Sixth, by the Grace of God of Great
Britain, Ireland, and the British Dominions beyond the Seas, King, Defender of
the Faith, Emperor of India.
To the Sheriff of the Territory for
the Seat of Government, greeting:
We command you that of
the real and personal estate of C.D.,
in your bailiwick you cause to be made the sum of £ and also interest thereon at the rate of £ per
centum per annum from the day
of ,*
which said sum of money and interest were lately before us in the Supreme Court
of the Australian Capital Territory in a certain action [or matter there depending intituled “In the Matter of, &c.,” or as the case may be] wherein A.B., is plaintiff and C.D.
defendant by a judgment [or order, as the case may be]of
our said court, bearing date the day
of ,
adjudged [or ordered, as the case may be] to be paid by the said C.D.
to A.B., together with certain costs
in the said judgment [or order, as the case may be]mentioned, and which costs have been taxed and allowed by the
taxing officer of our said court at the sum of £ as
appears by the certificate of the said taxing officer, dated the day of . And that of the real and personal estate
of the said C.D. in your bailiwick
you further cause to be made the said sum of £ [costs] together with interest thereon at the
rate of £5 per centum per annum from the day
of *
and that you have that money and interest before us in our said court
immediately after the execution hereof to be paid to the said A.B. in pursuance of the said judgment [or order, as the case may be]. And in what manner you shall have executed
this our writ make appear to us in our said court immediately after the
execution thereof. And have there then this writ.
Witness, &c.(as
in Form 1) the day
of
in the year of our Lord One
thousand nine hundred and
Indorsement.
Levy £ and £ for costs of execution,
&c., and also interest on £ at
£5 per centum per annum (or other agreed
rate) from the day of , 19 , till payment, besides Sheriff’s poundage,
officers’ fees, costs of levying, the fees, expenses, and costs mentioned in
Order 43, rule 14, if and when incurred, and all other legal incidental
expenses.
This writ was issued by of agent for solicitor
for the who
resides at
The is a and resides at in your bailiwick.
*
Day of the judgment or order, or day on which money directed to be paid, or day
from which interest is directed by the order to run, as the case may be.
* Notified in the Commonwealth Gazette on 10th August, 1939.
3517.—Price 3D.
“Form 55. O.43.
r. 12.
WRIT OF VENDITIONI
EXPONAS.
[Heading as in Form 1.]
George the
Sixth, &c. [as in Form 54].
To the Sheriff of the Territory for
the Seat of Government greeting:
Whereas by our writ we lately
commanded you that of the real and personal estate of C.D. [here recite the fieri facias to the end]. And on the day
of , you returned
to us in the Supreme Court of the Australian Capital Territory aforesaid, that
by virtue of the said writ to you directed you had taken real and personal
estate of the said C.D. to the value
of the money and interest aforesaid, which said real and personal estate
remained in your hands unsold for want of buyers. Therefore we, being desirous
that the said A.B. should be
satisfied his money and interest aforesaid, command you that you expose to sale
and sell, or cause to be sold, the real and personal estate of the said C.D., by you in form aforesaid taken,
and every part thereof, for the best price that can be gotten for the same, and
have the money arising from such sale before us in our said court of justice
immediately after the execution hereof, to be paid to the said A.B. And have there then this writ.
Witness, &c.
[Indorsement as in Form 54.]”.
H. B. PIPER,
(l.s.) Acting Judge of the
Supreme Court of the
Australian
Capital Territory.
F. C. P. Keane, Registrar.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.