Small Debts Act 1887 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO PRIMO

VICTORIA; REGINA;

No. 10

An Act to amend The Small Debts Ordinance, 1863.'

[Assented to 20th August, 1887.

BE it enacted by His Excellency the Governor of Western Preamble Australia and its Dependencies, by and with the advice and

consent of the Legislative Council thereof, as follows :—

1. That the magistrate's and clerk's fees charged in and about the uminpuon of

bringing in a Local Court of an action in which the amount sought to Der enms not

be recovered does not exceed five pounds, shall not be those contained exceeding 1:5

in Schedule B to the said Ordinance, but in lieu thereof a sum shall

51 VICTORDE. No. 10

The Small Debts Act, 1887

be charged and paid in respect thereof, varying with the amount sought

to be recovered, according to the following scale :

When the sum sought to be recovered The re shall be paid in

does not exceed ten shillings lieu of such magis- trate's and clerk's fees a fee of one shilling.

Exceeds ten shillings but does not t Two shillings. exceed a pound

Exceeds a pound but does not exceed t Three shillings. one pound ten shillings .

Exceeds one pound ten shillings butt Four shillings. does not exceed two pounds

Exceeds two pounds but does not } Five shillings. exceed two pounds ten shillings

Exceeds two pounds ten shillings but 1 Six shillings. does not exceed three pounds

Exceeds three pounds but does not 1 Seven shillings. exceed three pounds ten shillings

Exceeds three pounds ten shillings I Eight shillings. but does not exceed four pounds

Exceeds four pounds but

shillings.

Exceeds four pounds ten shillings I Ten shillings. but does not exceed five pounds

Power of magis-

trate to certify	2. That notwithstanding any Act or Ordinance or any Rule of Local Court to award costs to the plaintiff on the scale for actions brought for a sum exceeding twenty pounds on any amount recovered, however small, or to the defendant who successfully defends an action brought for any amount, however small, provided the said magistrate certify that the action involved some novel or difficult point of law, or that the question litigated was of importance to some class or body of persons, or of general or public interest.
for costs in	Court to the contrary, it shall be in the power of the magistrate of a
certain cases
Jurisdiction of	3. The jurisdiction of Local Courts as defined by Sections S and 13 One hundred pounds, and whenever in Sections 8, 13, 83, and 85, the words fifty pounds' are mentioned, the words one hundred pounds' shall be read in lien thereof.
Local Courts
extended to	of The Small Debts Ordinance, 1863,' shall be extended to the sum of
£109
Fees	4. The fees to be taken in proceedings in Court in cases above thirty pounds and not exceeding fifty pounds, as mentioned in Schedule B to the said Ordinance, shall apply to all cases above fifty pounds.

Short title 5. This Act may be cited as ' The Small Debts Act, 1887.'

F. NAPIER BROOME,

GOVERNOR.