Small Debts Recovery Act 1899 (NSW)

Act Ko. 13, ISO!),

Small Debts Recoverij.

Act Xo, 1899.

S m.u .i, D f.H'IS

K fcovkiiv. All Act to consolidate tlic Acts rclatiiiî ' to tlie ItecoAxa v of Small Debts in (Aiirts of Petty Sessions. [20/// Xoiy^inber, 1899.]

it enacted l)v tlic Queen's Alost lixcellent Majesty, Ly and willi the advice and consent of the Legislative Council and Legislative

Assembly of Xevv Soulli AVales in Parlianuait assemliled, and hy the authority of the same, as follows :—

PART I.

PllELIMINAKV.

SliOft title. 1. This Act may he cited as the Small Debts Recovery

Act 1899” and is divided into Parts as follows : —

PART I PUELIMIXAllV—ss. 1~G.

PART II. - J l KISDICTION—

Ontskle the metrvpoUfan poUcc ilisti'iel—ss. 7 8.

Tflthiit the metropoUtaa \)oViee district—s. 9.

(jenorathj—ss. 10-14.

PA RT I I I .—P r. oc E D r a r:—

Actions hoir commenced—ss. 15-17.

Place adiere action mai/ he brought—s. 18.

Actions against joint defendunis—ss. 19 20.

Default o f appearance—ss. 21, 22.

Actions bg infants executors f c .—ss. 23-20.

.

Costs—.S6‘. 27-31.

Judgments- hou: recorded—.s-.y. 32, 33.

Jdnforcement oj judgments and orders—ss. 34-39.

Interpleader—-v. 40.

Propertij ]rrotected from e.recation—ss. 41-43.

Attachment of debts due from garnishees—ss. 44-52.

IVUnesses—ss. 53 54.

Officers—ss. 55-57.

Actions against officers—ss. 58 59.

PART I \ a—Miscellaxeous—ss. 60-08.

Act No. 1.S, 1899.

Small Debts Recovery.

2. The Acts mentioned in the Eir.st Schedule to this Act arc Ecp«a ot Acts,

to tlic extent therein exjiressed hereby repealed. Saying clause.

Notwithstanding' the repeal of the Acts hereby repealed : —

All Courts established at the commencement of this Act shall be deemed to have been establislicd for the pirrposes of this Act and all officers appointed under the Acts hereby repealed and in office at the commencement of this Act shall remain in offiice and shall be deemed to have been appointed under this Act.

The limits of the potty sessions districts existing at the time of passing of this Act shall be deemed to have been defined hereunder.

All rules made under the authority of any Act hereby repealed and being in force at the time of the passing of this Act shall be deemed to have been made under the authority of this Act.

3. This Act shall be in force and apply to all parts of the A]ipiicaiion of Act.

Ooloiiy. Vic. No. 15 s. 1.

4 . The Governor may by proclamation in the Gazette define Cower to doiiuo

the limits of any petty sessions district for the purposes of this Act se"l.fonfdilr™t3.

and after any such proclamation has been published in the Gazette the 43 vio. Xo. 34 s. 1.

provisions of this Act shall be in force and the jurisdiction and other

powers hereby conferred shall be exercisable within the limits of any

petty sessions district defined in such proclamation.

5. Courts of petty sessions shall be courts of record and the Courts of ])etty

judgments of any of the said Courts maybe set up as a defence in any

action brought eitlier in any of the said Courts or in the Supreme Court. 10 Vie. No. 10 s. 11.

6. In this Act unless the context or subject matter otherwise interpretation,

indicates or requires :—

“ Court ” means a Court of petty sessions.	10 vie. No. los. 46.
“ Court of petty sessions ” means—

(a)

any two or more justices of the peace sitting for the 10 vie. No. 10 s. 46. in petty sessions

(b)	one justice of the peace when so sitting in cases where by 10 vic. No. 10 s. 46.
this Act a single justice is authorised to adjudicate r-See s. s of tiieAet.]
(c)	a iiolice magistrate wben so sitting in cases where by this 45 vie. No. 27 s. 1.
Act be is vested Avith exclusive jurisdiction [.Ves s. 45 of the Act.]
(d)	a police or stipendiary magistrate Avhen so sitting in any i i7Anc.No.39s. 11.]
case where a police or stipendiai’A" magistrate is authorised o’nritmu
in the absence of otber justices to do alone Avhatcver may ' '

be done by two or more justices sitting in petty sessions

(c)

a stipendiary or dejmty stijiendiary magistrateAvhen so sitting [45 vie. No. 17. magistrates arc vested Avith exclusive jurisdiction in petty sessions.

“ Garnishee” means a jierson who is indebted to a judgment 45 Vic. No. 278 . 3.

debtor. “ Garnishee

Act No. 13, 1899.

Small Debts Recovery.

“ Garnishee order ” means an order directing the attachment of a debt dne owing or accruing from a garnishee to answer a judgment debt.

“ Prescribed ”• means prescribed by this Act or rules made

thereunder.

“ ilegistrar” means the registrar of a Court of petty sessions.

PART II.

JUKIsmCTION.

Outside the }iietr()j)olil(ui police districl.

JiiriRliction outside

metrojiolilan police 7. All Courts now established or that may Iiereafter lu'

district.	established outside the boundaries for the time being of the inetro])olitan
10 Vic. No. 10 s. 4	police district shall within their respective districts have power and
and 55 Vic. No. 19
s. 1.	authority to hear and determine in a summary way and according to equity and good conscience (against persons liable as hcrcinatter mentioned to he summoned to such Court and every defendant sued jointly Avith such persons) all actions rvhatsoever—

Debt up to £30.	(u)	for the recovery of any debt only rvliether liquidated or unliqui­
55 A'ic. No. 19 s. 1.	dated to an amount in any case not exceeding thirty pounds
O ther demand or

damage up to £ l0 (/>) for the recovery of any demand or damage other than debt not exceeding ten pounds or (where the party intended to he sued hy rvriting under liis hand consents thereto) to an amount not exceeding thirty pounds.

or £30 by consent.	Avhether liquidated or unliquidated to an amount in any ease
10 Vic. No. 10 s. 4.
Otie justice to have

jurisdiction in 8 . (1) One justice of the peace may hear and deterjuine all

certain cases. eases—

Ibid. s. 5. (rt) in Avhieh the plaintiif seeks to recover no more than the sum

of five pounds

{b) in which the sum in dispute exceeds live but does not exceed

thirty pounds and both parties consent thereto.

(2) The consent of the parties shall be specially entered in

the record hook at the commencement of the hearing.

(3) Every such case shall l)e proceeded Avith in every respect

as if the same Avere heard and determined by I avo or more justices.

JFithiu ihe metropolitan police district.

jurisdictiou within 9. All Courts iioAv established 01' that may hereafter be estab- metropohtan police Pg]^e(| witliiu the bouiularies for the time being of tlie metroirolitan

s. 4. police district sliall Avithin their respeeth e districts have poAver and

5.5 A'ic. No. 19 s. 1. authority to hear and determine in a summary AA'ay and according to

equity

Act No. 13, 1899.

Small Debls Hecovery.

equity and good conscience (against persons liable as hereinafter men­ tioned to be summoned to siieli Court and every defendant sued jointly with such persons) all actions whatsoever for the recovery of any debt Debt demaiid or

demand or damage wbetlicr liquidated or unliquidated to an amount in any case not exceeding ten pounds or (where the party intended to be sued by writing under his hand consents thereto) to an amount not i3yeonseutupto£3o.

exceeding thirty pounds.

Generally.

10. In case the defendant in any action appears to have given Notes or bills for

bills oL exchange or promissory notes for the payment of any debt

originally above the amount of jurisdiction created by this Act but^Qy; ̂

which bills or notes are scjiarately security for a sum not exceeding

ten pounds each bill or note shall be regarded as forming a distinct

and separate contract and may be sued upon and recovered in the same

Avay as any other dclit recoverable under this Act.

11. No Court shall have jurisdiction in any of the folloiving Limitation of

c a s e s	:----	jnnsJictioii.
(1) Where the matter in question relates to the taking of any duty to Iler Maiestv or anv fee of office or to any annual rent or other matter in which rights in future may be bound or to any general right or duty.
(2) Where the debt sought to be recovered is for any money or

tiling Avon at or by means of any race match Avager raffle

or any kind of ]>lay or game.

(d) Where the debt or claim bas arisiai more tlian three years before the issuing of the summons unless there hath been in Avriting an acknowledgment of or promise to pay the same Avithin that period.

(4) In rcsiAcct of any contract for the sale of goods unless tlie buyer has actually received the same or part thereof or given something in earnest to bind the bargain or in part ])ayment or some note or meniorandum in Avriting of the bargain has been signed by the party sought to be charged by such contract or his ag<mt tlicreiinto laAvfiilly authorised.

(5) In eases of trespass to land if the title to the freehold

therein be bona tide in dispute betAveen the parties.

12. I t shall not be lawful to split or diAude any cause of wtious not to bo

action for the purpose of bringing the same Avithin the jurisdiction of any Court of petty sessions and in case it appears to the said Court at any stage of the proceedings that any cause of action has been so split or divided such Court shall dismiss the action brought thereupo]i Avith costs.

13. All judgments and ordi'rs of a Court of pett sessions shall Decisionotcomtotpetty se.ssions to be final amt

he final and conciusi\ e :	conclusive.
Ib id . ss. and 3".

B Provided Ih id . s. n second prOA’iso.

Act No. 13, 1899.

Small Debts Decovenj.

Provided that in actions for trespas.s to land where the right to the possession is shown to he in dispute and in actions for rent not being between the original parties to the h'tting where the riglit to receive or the liability to pay such rent is in dispute and in actions for contribution to the erection or n'pair of any dividing fence where the defendant’s liability to coiitriliute is in dispute the judgment of the Court as .to such right or liability shall he conclusive only as to the particular act of trespass or anioimt of rent or contrihution tlu'u in question and shall not be taken to determine any of those questions generally between the parties.

Ofllcors of Supreme	14.	Every attorney solicitor or otluu’ officer of the Supreme
Court not exeinjit.

10 Vic. No. 10 s. 19. Court shall he subject to the several processes orders judgments and executions of the Courts of petty sessions in the same manner as other persons arc subject to the same.

PAP.T III .

PnOCEDURE.

Aclions hoic commenced.

Pluint. 15. (1) Every action shall be commenced hy a plaint in writing. set forth his cause of action and shall also state the place of his abode (or the place of abode of his attorney if he sue hyan attorney) and the place of abode of the defendant.

Ihid s. 20.

Contents of plaint.	(2) The plaintifl’ shall in his plaint shortly and in substance
Ihid.
Particulars.	(3) The items constituting the ])articulars of claim shall he

Ihid. Schedule B. appended to the plaint or stated and filed therewith.

Filing. (4) The plaintiff shall cause his plaint to he filed witli the

Ihid. s. 20.	registrar of the Court at which the action is to be tried at the prescribed times before the sitting of the said Court and the registrar shall annex the plaint or a copy thereof to a copy of the summons hereinafter mentioned and shall retain the same in Court.
Summons.

Ihid. s. 20. 16. The original summons shall he served on the defendant.

Service of suiumons,

17. (1) The summons hereinbefore directed to he served on the (2) In case the messenger or bailiff employed to serve the summons demands admittance into the house where the defendant usually resides and such admittance is refused he may pirt such copy into the house or fix it upon the door of tin' house and the same shall in such case he deemed to he good servic(' upon tlie defendant.

Ihid, 8. 21.

defendant may he served hy delivering such summons to the wife or

servant of the defendant at the defendant’s usual ])lace of abode.

Dlacp

Act No. 13, 1899.

Small Debts Recovery.

Place vjJiere action may be brought.

18. (1) Actions for de])t may Ije 1.)roiiglit citlicr in tlic C o u r t For del)t.

holdcn in ami lor tlie district wlicre tiie detendant in and for the district where tlie defendant in such action l o v i c . J f o . l O s . 23.

usually resides or in the Court holdcn in and Cor the district in	which	̂	®	' 2-
the dclit sued for was contracted.

(2) Aclions for damage shall be brought in the C o u r t Fov damiigcsi.

holdcn in and for the district wliere the defendant in such	a c t i o n 10 vio-	10 s. 23.
usually resides.

If any party after having in one district incurred a liability Cor I’iu-ty iiiitie for

any damage recoverable in the Courts of petty sessions heconics resident in another district previously to the issuing of a summons for the recovery of such damage the plaintiff may summon the defendant to the Court holdcn for the district in ivliicli such liability for damage U'as incurred originally in the sanu' manner as if he had continued a resident of such district.

(o) In case the defendant in any action has given an wiiorc promise

engagement or promise in writing to pay any debt or sum in f*'

particular place specified the plaintiif may cause such defendant to

summoned to attend the Court holdcn in and for the district within

which the place so specified is situated.

(4) This section shall apply where there are two or more Application of

ioint defendants all residing within fhe iurisdiction of the same Court 1“™ *̂

but in cases where all the joint defendants do not reside wdthin the

̂ 23

jurisdiction of the same Court the plaintiif ma.y proceed as directed in

the next following section.

(5) 'Whenever any question arises as to the district in Power to determine

which the defendant is a resident the same shall be determined by the q^i^stions as to	acrendanfc a
Court of petty sessions as incident to the cause.	residence. Ihid. s. 24.

Actions against joi)it defendants.

19. (1) Wliero there arc two or more joint defendants all of wiierc joint

whom do not reside within the jurisdiction of the same Court the

plaintiif may bring his action before any Court within the jurisdiction s. 24.

of which any of the ioint dofendants resides liv serving anv such .* ’ . . * . ̂ one.

defendant with a summons in the manner Iiereinbcforo directed. ibui. ’

(2) The defendant upon whom the jdaintitf serves the Defendant served

siimnions may serve the other joiiit defendants ’ivith a notice of g p p e h o Hi e r s .

summons in order that they may appear and join in defending the action. " ‘

(3) If tlic other joint defendants do not apiiear and join in Action to proceed

the defence the action may proceed and judgment he obtained and

execution issued against the defendant wlio has been served rvith thea]ipcar.

plaintiif’s summons although the other joint defendants have not been

served wdth any summons nor joined in the defence.

' (4)

20   Act No. 18, 1899.

Small Debts Hecovery.

No plea ill iibato-

(4) Xq plea in aloatement shall be allowed for nor advan-

taken of the non-joinder of a joint defendant or joint

........... .. ' defendants.

lo conlri- 20. (1) The defendant against whom exeeution is issued shall

bution from joint

tb IViulants.	retain any right which he may have to demand contrihution from the
Ibid.	other joint defendants.

Judgment in act ion	(2) If snch defendant causes the other joint defendants to
will'll evitloiicc.

Ihid.

ho personally sinn ed with a copy of the plaintiff’s summons upon him in the action three days laefore the day appointed for appearing and answering to the same the judgment recovered against him in the action or a cojiy thereof certified hy the registrar shall he admissible in evidence in any action for contrihution afterwards brought hy him against the other joint defendants for the purpose of proving their liability to such contribution.

I’mif of liabiiiiy (o

(3) If sucli defendant does not cause the olluu' joint defendants to he personally served as aforesaid then their lialiili'ty to contrihution shall he proved in the ordinary manner.

Default o f appearance.

B.y plaintiff. 21. (1) If the plaintiff makes default of appearance and the

Ibid. 8. 29.

defcudaiit appears according to the summons the Court shall adjudge

tin; plaint to he disproved.

W hnn (lel’nulaiit (2) If upon the day of the return of any summons or at

julmits claim.	any adjournment of the Court or of tlie cause for which the summoiis
Ihid. s. 7.	was issued the plaintiff does not appear when called upon and the
Proviso.	defendant appears and admits the cause of action in fidl or in part the Court may if it thinks tit proceed to give judgment according to such admission.
JU’ (IciVmlant.	22. (1) If on the day named in the summons or at any adjourn­ ment of the Court or cause in which the summons was issued the defendant does not appear or does not hy some one on his behalf sutricicntly excuse his absence or neglects to answer the claim or
Ibid. s. 8.
Trial may bo	demand the Court may upon due proof of service of the summons
])ro('Ccded witli ex
])arto.	proceed to the trial of the cairse on the part of the plaintiff only and the judgment thereuj)on shall he as valid as if both parties had atteiftdcd.

On cause sbowM (2) 'file Coui’t may O i l sutlicient cause being shown at the a s i d e s i t t i n g of tlio Coui’t or otherwise set aside any judgment giw'ii in granted. the absciice of the defendant and the execution tliercupon u])on such

terms as it thinks lit and may grant a new trial of the cause upon the defendant paying the costs of the first trial and giving stxuirify to the satisfaction of the Court for the costs of tlu; m'W trial.

Actions

Act No. 13, 1899.

Small Debts Recovery.

Actions by infants executors ifc.

23. Whenever any wages or any other sum whatsoever not Actions by infants,

exceeding the sum of ten pounds is due to any person under the age lo Vie. No. lo s. is.

of twenty-one years such person may sue for and recover such dt'ht iu

any Court of petty sessions in tlic same manner as if he were of full

age. ̂ _

24. (1) Executors and administrators may sue and he sued Actions i.y executor*

in the Courts of pettv sessions and iudgmcnts which have been obtained admmistratois.

by plaintiffs but not satisfied previous to their decease as well as all gH,e’duic ii.'"’'

causes of action shall survive to their proper personal representative

who may sue out execution in his own name in the same Avay that the

plaintiffs themselves if living might have done. ■

(2) A plaintiff suing as executor or administrator shall so jBcoc;;

describe himself in the plaint hied. n x... .]

25. A plaintiff suing as trustee shall so descrilic liimself in the AcHoth by trustees,

plaint filed.

26. A plaintiff suing as official assignee or trustee oi' a baulcriipt Actions by oificiu

or insolvent shall so describe himself in tlic plaint filed.	orbankruiL*̂ '̂ *'*̂*'̂ ^
Ihid. Scliodule H.

Costs.

27. If upon the return day of any summons or at any adjourn- if pkintirf dees not

ment of the Court or of the cause in Avhich the summons was issued

the plaintiif docs not appear or appears but fails to prove his claim or defendimt.

demand to the satisfaction of the Court the Court may (when the//nv/. a. 7.

defendant appears and does not admit the claim or demand) award to

the di'fcndant by way of costs and satisfaction for his trouhh' and

attcndanc'c such sum as in its discretion it thinks fit.

28. Whenever the Court adjudges a ]>laint to be disproved for where plaint

default of appearance or gives judgment for the defendant it may at	dd
its discretion allow the defendant his reasonable costs in like manner defendant,

as for the party complaining. iKd. s. 29.

29. (1) In all actions the plaintiff and defendant may appear Pavtios may appr.u-

and each conduct his case by himself his clerk or servant or oibiphiy

any person admitted an attorney of the Supreme Court to practise as	g 44	'
an advocate and attorney before the Court of petty se.ssions.

(2) The costs of professional assistance shall be paid by the Cost of i)rofcssiomii

party requiring such professional assistance. '

(3) No attorney practising before a Court of ]ietty sessions Aitomcy’s Ues.

shall demand or take more by way of fees for Avork by him done than lud.

the sums set forth in the Eourth Schedule hereto. fourth Schedule.

30. The cost of all proceedings under section forty shall be in Under s. 40.

the discretion of the Court. s- 34.

22   Act No. 13, 1899.

Small Debts Recovery.

Costs in gnmishoe	31.	The costs of any application for a garnishee order and of
proceedings.

45 Vie. No, 27 ss. 7	any proceedings arising from or incidental to such application sliall
0.	he in the discretion of the Court hnt -vyhere the garnisliee pays all debts due owing or accruing from him to the judgment debtor or so ranch thereof as is suiheient to satisfy tlic judgment debt into Court live clear days hefori' the return day of the summons he shall not he liable for any costs incurred liy tin' judgment creditor.

Judymcnls—hoto recorded.

E n try of j 11(1 ftment. 32. Tlie oiitiy of tlic judgment on the cause list of the Court of 10 vifi. No. 10 s. 11. petty sessions shall he deemed and held to he a record of snch judg­

ment and the same or a certified copy thereof under the hand of the clerk of such petty sessions shall (on jiroof of such signature and of the identity of the claim and parties) he received as evidence of such judgment.

Judgm ent not to be

recordod tvilliout	83. No jiidgiiicnt shall he recorded hy any Court of petty affidavit of at least one credible witness before the said Court or the registrar or a commissioner of the Supreme Court or before a justice of the peace deposed to have been duly served upon the defendant in the manner directed hy sections sixteen and seventeen of this Act.
affidavit of service.	sessions in any case unless the process in such cause is hy the
Ihkl s. 22.

Deforcement o f jmlymenls and orders.

Payment by 34. (1) A Court of petty sessions whenever it makes an order

inslalmenls.

5G Vic. No. 37 s. 1.

or decision for the payment of money may direct such money to ho

paid at such times and hy such instalments as it thinks fit.

Default in payment

of instalment. (2) I t default is made in the payment of any one such in­

Ihuh

stalment execution may ho had for llin whole amount remaining due

upon the judgment.

Execution of process.

35. (1) IThonever any Court of petty sessions malms any order or decision for the }>aymcnt of money the registrar of the said Court may on the apjilication of tlio party in whose favour such order or decision was made issue a precept in the nature of a writ of fieri facias wdiich ]irocopt shall he directed to any hailKf of any of the said Courts or his deputies who are hereby empowered to execute the same in any part of the Colony in the same manner in all rcspecTs as process of a similar nature issuing out of the Supreme Court may ho executed hy the sherilf or deputy sheriff.

10 Vic. No. 10 s. 27.

'VVJiove defendant

removes into another (2) The removal hy any delcndant after judgment recovci'cd

district after	against him from the jurisdiction of one Court into the jurisdiction of
judgment obtained.	another shall not prevent any jilaintilf from proceeding against such
Tlid. s. 31.	defendant in the jurisdiction where such defendant lia])pens to ho resident at the time of issuing execution and the bailiff of any Court

or

Act No. 13, 1899.

SmcM Debts Recovery.

or his deputy may take such defendant into custody or dispose of Ids "’oods in like manner as it ho vreio a rcjsident of the district in which judgment was recovered against him.

36. ’Where a Court adjudges costs to the defendant ho shall he Defenciont entitled to

entitled to the like process ot execution for his costs as the plaintiif

would he entitled to if lie had established his claim against	A	le. No. lo s. 29.
defendant.

37. (1) Tlic registrar of any Court sliall grant a special Av rit of Special writs,

execution Avhen demanded hy the plaintiff or defendant as the case may	s. so.
he in any suit Avherein such writ may be issued.

(2) The registrar shall appoint one or more special hailiifs Registrar to appoint

nominated hy the applicant to execute sucli Avrit.

(3) Tlie party obtaining the appointment of a bailiff to act Party applying to

under any special Avrit shall together A\ ith tAVO sufficient sureties execute to the registrar of the Court from Avliich the Avrit issues a bond in the penalty of fifty pounds or for a larger sum not exceeding one hundred pounds if the said Court shall so direct conditioned for the proper performance hy the bailiff' of the duties of his office.

(4) The bond shall vest in the registrar of the Court for the r*ond to west in

time being and may from time to time be sued upon in his name or in

the name of any person to aaTioiu it may he assigned under any order Assignment of bomi.

of the Court.

(5) Tlic assignment of the bond shall he made hy an Aiode of assignment,

indorsement hy the registrar for the time hi'ing.

(6) Anŷ person Avho sustains any damage hy the neglect or Damages for

misconduct of any such bailill may proceed before any Court of com- .speomi

potent jurisdiction (the amount of such damage not exceeding fifty	’
pounds or the sum specially directed liy the Court as aforesaid) and the bond so given shall stand and he an additional security for such damages and shall if necessary he put in suit to recover tlie sum and co.sts from the parties thereto or any of them.

(7) In CA'cry case in aaIucIi a special AA'rit of execution is Registrar and Com-t

taken out neither the registrar nor bailiffs of the Courts of petty

sessions shall lie rcsponsilile for any act done under or in respect of ̂ g,

such process hy colour thereof but the person aggrieved by any such

’

act shall have a remedy and right of action against the party or liis

sureties to Avhoin the Avrit of execution Avas granted.

38. No judgment of any of the Courts of petty sessions against Time when execution

the goods and chattels of the defendant in an suit or action hrorui-ht

therein shall he executed at any time after sunset and before sunrise	" ’ '
and if any person executes any such judgment after sunset and before sunrise he is liable to a fine of ten pounds aa Inch shall be imposed and if necessary enforced hy an order of the Court of petty sessions for the distress and sale of the offender’s goods.

Act No. 13, 1899.

Small Debts Recovery.

Rijjlits of landlords.	39. No execution awarded ai^aiust the goods of any party shall deprive any landlord of the power vested in such landlord hy an Act passed in the eighth year of the reign of her late Majesty Queen Anne entitled an Act for the better security of rents and to prevent Erauds committed hy Tenants of recovei’ing one year’s rent in pursuance of the said Act.
10 Vic. No. 10 S.3G.

Interpleader.

Clciim by person not 40. (1) Whenever a claim is made hy a person not being the

the party against

wbom execution	party against whom execution lias issued to any goods or chattels taken
issued.	or intended to he taken in execution under any process or to the proceeds
Ihid. s. 34.	or value thereof the Court from which the process issued may upon ajiplication of the bailiff or -oflicer made before or after the return of such process and as well before as after any action brought against him call before it by an order for that purpose the party issuing the process and the claimant and thereupon pronounce its decision in a summary manner for the adjustment of the claim and the relief and protection of the bailiff' or other officer.
(2) The Court may make such order as appears to ho just according to the circumstances and its decision shall be final and conclusive against the party issuing the process and the claimant and also against all persons claiming hy from or under them.

Property protected from execution.

Realty and lease­

holds. 41. No real or leasehold property is liable to he levied upon

Ihid. s. 27.	under writs of execution out of Courts of petty sessions.
Property in	42. If previously to the sale of any proj)crty levied upon such against whom the writ is directed a claim is made to it hy any thii’d person and such claim is dc]ioscd to before a justice of the peace and in such deposition it is averred tliat the party in whose actual or ostensible possession such property so levied upon be found is not the true owner hut the bailee thereof such property shall he released from execution and the cost of the levy (if any) shall he either added to the amount of the costs charged in the execution or defrayed hy the party claiming such property as the Court of petty sessions in its discretion directs.
possession of a
bailee.	proj)crty being in the actual or ostensible possessioir of tlic party
H id . g. 32.
in a bill of sale.

Property comprised 43. (1) No absolute or conditional hill of sale or mortgage of

H id . 3. 32.

chattel property whatever shall jn-otect such property so levied upon

from sale unless—

{(() the hill of sale or mortgage he produced to the bailiff and

{h) the bill of sale or mortgage was executed at least fourteen

days before the summons was served upon the defendant in

the case in Avhich the writ of execution issued and

(^)

Act No. 13, 1899.

Small Debts Recovery.

{c) there be expressed in tlie hill o£ sale or mortgage a certain time for the payment of the principal snni for wliich the instrument was given as security and snch time does not exceed one year from the date of the instrument and at the expiration of that time the holder of the hill of sale or mort­ gage shall not renew it but cither assume possession or proceed to the sale of the property so secured or relinquish all claiin to tlie protection of it from the debts of other creditors under judgments recoAnred under this Act and

{(T) the hill of sale or mortgage was registered by the registrar at the nearest Court of petty sessions Avithin one Aveek of the date of its execution.

Notwithstanding the provisions of this subsection the party entitled Levy maybe enforced

tlu-reto may proceed to enforce the levy and sale by taking out a special

AA'rit of execution in manner directed hy section thirty-scAnn of this

Act.

(2) Protection from sale under any circum.stances shall Limif, of protection,

only extend to such articles of chattel property as are spccihcally set	vic. No. loa. 32.
fortli and enumei’atcd in a schedule to be annexed to the hill of sale

or mortgage as the case may he. '

Attachment o f debts due from garnishees.

44. (1) Any creditor Avho has obtained a judgment in any Court Examination of

of pettA" sessions may apply to the Court in AA'hich he obtained such • 1 * I e 1 • 1 j 1 1 i 1 11 - 1 to debts due to liim.

judgment lor an order tliat the judgment debtor be orally examined as 4-y;,.	27 s 2
lo Avhetlier any and Aihat debts are OAving to him and the Court may t lu'reupon make an order for the examination of such judgment debtor and for the jiroduction of any hooks or documents and shall cause him to he orally examined touching the premises.

(2) EA'ery judgment debtor who refuses or neglects to obey Penalty for

such order shall be subject to all the penalties to Avhich a Ai itness July tiisoboying order,

snbptcnacd to attend at snch Court and failing to appear at the time

appointed Avould he subject.

45. Tlie jurisdiction given hy the se en next folloAving sections Police magistrate,

shall he exercisable only by a police magistrate. imii. 3, 1.

46. (1) The Court may make an order that all debts dne OAving Garnishee orders,

debt.

or accruing from a garnishee residing Avithin the jurisdiction of such lUd. s. 3.

(2) An application for a garnishee order may he made Application for

ex parte hy any creditor Avho has obtained a judgment in any Court of potty sessions either before or after such examination as is provided in section forty-four.

(3)

Act No. 13, 1899.

Small Debts Hecovery.

Affulavit in support.	(8) The ap])lication shall he supported by an affidavit of the judgment creditor or his attorney or agent stating that the judg­ ment has been recovered and is still unsatisfied and to what amount and that a person resident within the jurisdiction of the Court to which the application is made is indebted to the judgment debtor.
Paym ent by

instalments. ( t) In any order for the payment of money by a garnishee

56 Yic. No. 37 s. 2.	or upon an application at any time made by him the Court may direct such payment to he made at such times and by such instalments as the said Court thinks fit and if default be made in the payment of any one such instalment execution maj ̂ issue for so much of the amount then due by the garnishee as will satisfy the judgment debt remaining unpaid at the time of such default.
interfere iu certain

Coiirt may refuse to (5) In proceedings to obtain a garnishee order the Court

oases.	may in its discretion refuse to interfere where from the smallness of
45 Yic. No. 27 s. 9.	the judgment debt or of the amount to bo recovered or of the debt sought to be attached or otherwise the remedy sought would he inadc(|uat(! worthless or vexatious and subject to any other provisions contained in this Act.
• garnishee to >how
Siinnnmis to	47. The Court may by the garnishee order or any subsequent not pay to the registrar on behalf of the judgment creditor the debt due from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment debt.
cause.	order summon the garnishee to appear to show cause why he should
H id . s. 3.

A ttachm ent cf debts 48. Service on the garnishee of a garnishee order or notice to

by girnisliee order.

the garnishee of the making of such order shall attach in the hands of

Ihid. s, 4.

the garnishee all debts due owing or accruing from bim to the

judgment debtor.

Proceedings to lory	49. If the garnishee does not forthwith pay to the registrar on
amounts due from

garnishee to	behalf f)f the judgment creditor the amount due from him to the
judgm ent debtor.	judgment debtor or an amount equal to the judgment debt and docs
Ihid. s. 5.	not dispute the debt duo or claimed to be due from him to the judgment debtor or if he does not appear upon summons then the Court may order execution to issue and it may be sued for accordingly without any other 2)i'('vious writ or pi’ocess to levy the amount due from such garnishee in payment of the judgment d('bt or towards satisfaction of the same.
W here garnisliee	50. If the garnishee appears upon summons and disputes his issue may order the hearing of such summons to stand adjourned until some day to be appointed for that purpose and may direct that upon such adjourned hearing any question necessary for determining the liability of the garnishee be tried and determined and the order for such adjournment shall be served upon the garnishee and shall operate as a plaint entered against him to obtain payment of the sum claimed to be due from him to the judgment debtor.
disputes liability.	liability the Court instead of making an order that execution shall
Ihid. s. 6.

Act No. 13, 1899.

Small Debts Decoecnj.

61. Payment made by or execution levied upon the garnishee Diseimrge of

under any proceeding herein provided shall bo a valid discharge to

him as against the judgment debtor to the amount paid or levied	'
altlioiigli such proceeding may be set aside or the judgment reversed.

62. (1) In each Court of petty sessions presided over by a Gamishcc hook lo

police magistrate the registrar shall keep a garnishee book in wliich entries shall lie made of all garnishee orders and proceedings thereon Avith names dates and statements of the amounts recoA'cred.

(2) Copies of any entries may be taken by any person upon

application to the registrar and upon payment of the prescribed fee.

IFil nesses.

63. (1) Eimry person summoned as a Aidtiiess to attend any of AUcmianoe of

the said Courts of petty sessions shall attend pursuant to such	^
summons and shall be subject to the like actions (to be brouglit in one of the said Courts) for disobeying such summons as bo Avould be subject to for disobedience to a subpoena issuing out of tlie Supreme Court.
(2) Nothing in this Act contained shall be construed to compel the attendance at any Court of petty sessions of any witness who may not be resident in the district Avhere the cause in Aidiich he is summoned to give evidence is to be tried nor to compel any Avitness to go more than three miles from liis borne without tender of his reasonable expenses.

54. EAmry Court of petty sessions may punish a.s for contempt ren!iit\ foi-rofû inn;

ill a summary Avay by fine not exceeding forty slullings to be levied

upon the goods and chattels of the olfender or by imprisonment for n;,]^

any time not exceeding fourteen days any plaintiff defendant or Avitness

refusing to be sAAmrn or to ansAver any lawful question.

Officers.

65. The clerk of the bench or other clerk of the Courts of cierk and logisu-ar.

petty sessions as may from time to time lie directed by such Courts	c-
respectively shall discharge the duties of registrar.
56. (1) The Courts of petty sessions shall from time to time EaiUffs. appoint a bailiff or bailiffs for the sciwice and execution of the p r o - C ' - cesses orders and judgments authorised by tliis Act.

(2) Any such Courts may ajipoint a sergeant of police or I’oiieo sergeimt or

police constable of their respective districts to be a bailiff of the Court

appointing him Aidio shall not therefore become incapable of acting as 4 2 vic. No. le e. 2.

or forfeit his appointment of such sergeant or constable anything in

any Act to the contrary notAvithstanding :

Provided that no such sergeant or constable shall be appointed

Avithout his consent. 57.

Act No. 13, 1899.

Small Debts Recovery.

P enaltj for neglect

of duty.

57. If any bailin' deputy baililf or other officer of any Court of petty sessions employed to execute any process of execution by connivance wilful neglect or omission causes or suffers the goods of the party against whom such execution is awarded to be rescued or carried away so that such execution has not its due effect any justice of the Court of petty sessions out of which such process issued may upon complaint and due jiroof thereof made upon the oath of one credible witness order sueh bailiff deputy or officer to pay the sum of money for which such execution was awarded or such part thereof as the said justice thinks proper to the party complaining and may enforce the payment thereof by the same means as are herein provided for the recovery of debts.

10 Vie. No. 10 3. 4.1.

Actions against ojficers.

Indemnify to oirioers.	58. All slieiilfs and deputy sheriffs keepers of prisons or other persons whosoever who do anything under this Act in obedience to any legal order of any Court of petty sessions are hereby indemnified for whatsoever is done by tbem respectively in obedience thereto and if any action whatsoever is brought against any such sheriff keeper or person or against any justice of the peace or officer of any Court of
Tlid. s. .18.
Officer may plead	petty scssioiis foi' performing any duty of his office in pursuance of
general issue and	tliis Act siicli sheriff ju.sticc keeper officei’ or other person may plead

oriTTA Q T ^ o o m l m n r . t p i ’ i n • ’ J- X »/ JL

eridence.

the general issue and give the special matter in evidence thereupon and if the plaintiff be nonsuited or discontinue his action or a verdict pass against him or jadgment be had for the defendant upon demurrer such defendant shall have double costs.

Limitation of iiftions

59. All actioiis for aiivtliiug douB uiidcr the provisions of this six months after the fact was committed and no writ shall be sued against nor process served upon any justice of the peace registrar bailiff or other officer of any Court of petty sessions for anything done in the execution of or by reason of his office until one calendar month next after notice in writing has been delivered to him or left at his usual place of abode by the attorney or agent for the party who intends to sue out such writ as aforesaid in which notice shall be clearly and explicitly contained tbe cause of action the name and place of abode of the person bringing such action and the name and place of abode of tbe attorney or agent.

against otiicors.	jicrsoiis acting ill excciitioii thereof shall be commenced witbin
lU d . 3. 39.

A fee of twenty shillings and no more shall be paid for preparing and serving cvm-y such notice.

PAllT

Act No. 13, 1899.

Small Debts llecovery.

PART lY .

M i s c e l l a n e o u s .

60. (1) Mhosocvcr commits ivill'iil and coiTupt perjury onvijurv.

falsely allirms wlu'n under examination by a Court of petty sessions lo \ac. n... lo by virtue of this Act or commits will’ul and corrupt peijury in false sweariin.!' or anirniin<jr in anv alTidavit or atTirmation bv this Act V- ’ O ft. »'

reqiurcd or alloivcd to be made befort ̂ any such Court or a justice of tlu! peace shall on conviction bo liable to incur and suffer the like ])ains and ptuiallies as any person convicted of ivilful and corrupt perjury.

(2) .V Court of petty se.ssions may commit for tiaal and Court of potv

direct a inosecution for perjurv to be forthwith instituted aa:ainst anv

])erson who commits perjury or falsely aflirms as iu the last preceding	' '
subsection mentioned.

61. Ao ]ilaint entered in the Courts of petty sessions nor any Proceedings may mi

order or proct'c'din" bad thereon bv virtue of this Act shall be removed

out of the said Courts by ivrit of certiorari or otherwise howsoei’cr. ' ' '

62. (1) No process or proceeding of any Court of petty sessions Process not to be s. t

shall be set aside on account of any technical error or mistake only. m-roi'/on/r'"""'̂

(2 ) I t shall be competent to ('very Court of jietty sessions 7 ,̂.̂ 42.

to decide what is a vc'ihal or technical error or mistake in any action

or proceeding.

(:1) All (UTors or mistakes which have not a tendency to misinform or mish'ad the opposite party slmll in all cases be deemed merely verbal or technical.

63. If both parti('s in any cause agree between themselves fiot Arbitration,

to try their cause before the Court of ])etty st'ssions but by means of Award may be

arbitration and notify such agreement by a memorandum in writing

"

signed by themselves or their agents the award made oir such arbitra- 74,v/, 9. 43.

tion shall be biuding on both parties and judgment in accordance

thcrew'ith may be entered in the cause list of the said Court of petty

sessions for the phiintilf or defendant as the case may be.

64. The s(;v('ral fees and sums of moiu'y ('xpressed in the Third Seheduh' hereto and no other shall lu' taken by the several olTicers of Third Scbeduie. to 1.,. taken.

the said Courts tlu'rein mentioned for their re.spective services ui the	6,-le.
executiou of this Act

Providt'd that the several Courts of petty sessions may ivith the Power to fix baiiiir's

approval of the Attornt'y-General from time to time tlx the amount	45 Vie. No. 27 ..i. 13.
of the fees payable to every bailiff under such Courts.

65. (1) The Governor may from time to time frame rules to be General power to

in force in the several districts for tlu' carrving out of the provisions

of tliis Act t'xei'pt till' jirovisions contained in .sections forty-four to	.
iifty-two incltisivt'.

Stich rult's shall have the same force and effect as if they formed part of this Act. (2)

30   Act No. 13, 1899.

Small Debts Docovenj.

In gurnislioe pro.'t'cdin^.s. (2) The Courts of petty sessions in eacli police district may inak(' such rules as they think lit for regulating the practice and pro­

45 Vic. No. 27	12.	ceedings of each of such Courts under sections forty-four to tiftjr-two inclusive of this Act and for the fixing of Court fees payahle thereunder but such rules shall have no effect until at^proved of l)v the Attorney- General.
Attornoy or ajioiit

iiiav be eiij^pemk'd or	66 . If it ai)poars to a Court of petty sessions that any attorney contemptuously or in any respect knowingly and wilfully against his duty as an attorney or agent the Court may make an order (to remain witli the registrar of the said Court) either suspending such attorney or agent from practising for a specified time or prohiliiting such attorney or agent from practising for ever in such Court.
]-)roliil)ited.	or other agent has in any cause iu such Court practised corruptly
10 Vic. No. 10 s. 45.
Contempt before
Court.	67. Any person guilty nf contempt before a Court of petty sessions may be punished in a summary way by fine not exceeding forty shillings to be levied upon bis goods and chattids or by imprison­ ment for any time not exceeding fourteen days.
Ihid. s. 26.

Forms.	68. The forms contained in the Second Schedule hereto or as
Second Schedule.

Ihid. S.S. 20, 28 ;	near thereto as the nature of the case will permit shall be used in
Scliedules B and C.	proceedings under this Act.
45 Vic. No. 27 s. 14.

SCHEDULES.

Section 2. FIRST SCHEDULE.

Reference to Acts. Title or sliort title. Extent of repeal.

10 Yic. No. 10 ... An Act to aineiul tbe law respecting The whole Act except sec-

the recovery of Small Debts in all	tions fifteen sixteen and
parts of the Colony.	seventeen.

33 Vic. No. n ... An Act to exteinl the provisions of tlie The whole Act.

Small Debts .Vet. It) l ie. No. 10.

42 Vic. No. lo ... An Act to further extend the provisions The whole Act.

of the Small Debts Act. 10 Vbe.

No. 10.

43Yic. No. 31 ... Small Debts Act Amendment Act of The whole Act.

ISSO.

45 Yic. No. 27 ... Small Debts Recovery Act ... ... So nuich thereof as applies

to Courts of petty

sessions.

55 Yic. No. 10 ... An Act to extend the jurisdiction of The whole .Vet.

Courts of petty sessions.

5() t ic. No. 37 ... Debts Recovery Act, 1893 ... ... Sect am one and so much ot section two as applies to Courts of petty sessions.

SECOND

Act No. 18, 1899. 81

Small Debts Recovery.

SECOND SCHEDULE.	Section G8.
10 Vic. No, 10.

Eomrs.	SchetUile E.
Plaints.

I \ T H E CASE OF GOODS SOLD.

“ A.13. of (Sydnci/ in this district) comjiliiiiis of C.D. of tlio sumo jilueo bakoT that the said C D. is indebted to liim in tbe sum of five pounds sterling for corn {or hay or other thinys hric^y descrihiny them) sold and delivered by the said A.13. lo tbe said C.D. iu or about the month of February last which sum the said C.D. refuses lo pay and the said A..B. prays that ho may be adjudged to p.ay tbe .same.”

t.V T t[E CASE Olt DE.tr.VXD FO B R ENT.

“ For three months rent due from tlie said C.15. to the said A.13. on or about tlie lirst February last in respect of the occupation by the said C.D. of a house and garden of tlie said A.13. (as the vase may be) situate at Sydney which sum ” &c.

FO R l.ODGIXG.

For meat drink w.idling lodging and other things found and provided by tlio

said A.13. for the said O.D. between the months of December and February last which

sum ” &c.

F O R ir r E E OF tIOESES.

“ For the hire of a horse (or as the case, may be) and cart of the said A.13. hired and used by the said C.D. for throe weeks in or about the month of February last whicli sum ” &c.

FO R AGIST M ENT.

“ For the agistment depasturing and keeping of fifty o.xeii and one hundred sheep

by the said A.B. for the said C.D. between the months of Docemher and February last.”

FOR W OR E A N D DABOVR.

“ For the work and labour of tlie said A.B. performed for the said C.D, on or

about ” &c.

FOR WORK AND L A B O U R OP SF.RTANTS.

“ For the w'ork and labour of tlio servamts of and belonging to the said A.B. per­ formed for the said C.D.”

F O R W OR K A N D L A B O U R OF SER V A N TS HO RSES A N D C A R R IA G E S .

“ For the work and labour of the said A.B. by himself (or his servants or horses carts and carriayes as the case may be) porFormed by the said A.B, (nr his servants ĉ 'c.) ibr the said C.D. and for timber nails Ac. (as the case may be) provided hy the said A.B. for the said C.D. and used in such work and labour.”

FOR W AGES.

“ For w.agcs due and jiayable from the said C.D. to the said A.B. for his service performed as the servant of the said C.D. between the months of December and Februarv last.”

FO R AIONET LEN T.

“ E’or money lent by the said A.B. to the said C.D. in or about the month of

February last.”

ON A P R O IIIS S O R Y NOTE OR B I L L OF EX C H A N G E .

“ For principal and interest due to the said ,.'\.B. on a promissory note drawn hy

the said C.D. payable to one E E. or order and by him indorsed to the said A.B. (or on

a bill of exchange drawn by one E.F. and accepted by the said C.D. jiavable to the said

A.B.)” “ ox

Act No. 13, 1899.

Small Debts HecoKery.

ON A B O N D .

“ For principal and interest due on a bond bearing date tlie day of

made and entered into by the said C.D. for tbe payment of £ and interest on

the day of last.”

r o l l M O N K V D U E ON AN A OR E E A t E N T .

“ For principal and interest upon and by virtue of a certain agri'cment bearing date itc. {(/atr o f agreement) and made between etc. whereby the said C.D. agreed for the considerations therein mentioned to {>ay to the said A.B. the sum of £

together with lawful interest on the same on the day of now past.

ON AN AW ARD.

“ For money due to the said A.B. upon and by virtue of a certain award made by E.F. upon a submission by the said A.B. and the said C.D. to the arbitration of the said E F. concerning certain matters in difference between them and upon which refer­ ence the said E.F. awarded and ordered that the said C.D. should pay the sum of £

to the said A.B. on a certain day now past."

FUR U N L A W F U L D E T E N T I O N OF PR OFERTV .

“ A.B. of complains that C.D. of the same place hath possessed himsell'

of a cow {or icage/on or horse or other thing detai/ietl) of the value of .£ or there­ about,s which he unjustly detains from the said A.l’>, and the said A.H. prays he may be adjudged to restore to him the said cow Ac. or pay him the value of the same."

F O R U N L A W F U I , D E T E N T I O N OF P R O P E R a V D E R O S I T E l l .

“ That the said A.B. on or about the month of last dejiosited and left

several articles of household furniture and wearing ap|)arcl the proiicrty of the said A.B. of the value of £ or thereabouts wiih the said C.D. to be safely kept by the said A.B. until he should have occasion for them and the said ,\.B. saith that ho ha.s demanded the said household furniture Ac. (or caused the same to bo demanded for him) but the said C.D. refuses to deliver up and unjustly detains the same and the saiil A.B. prays the said C.D. may be adjudged to restore to him the said household furniture Ac. or pay him the value of the same.’’

FO R D AM AG E S U S T A IN E D DY I.MPROPKU JIRIVING.

“ That on or about the day of last the said A.B. {or the sennint

of the said A.B.) was driving his cart Ac. on the public road between and

and the said C.D. {or the servant of the said C.D.) was also on the said road with a certain carriage Ac. under his care and direction and the said C.D. {or the servant of the said C.D.) so improperly drove and directed his carriage and horsecs that thereby his carriage was forced and driven with groat violence against the cart of the said A.B. and broke to pieces one of the wheels thereof and the said .A.B. was thereby damaged to the amount of £ and the said C.D. refuses to make amends for the same and the said A.B. prays he may be adjudged to pay the amount of the said damage.’’

FOE AN ASSAUI.T OR I N J U R Y TO T H E PE R S O N W I F E Ac.

“ That the said C.D. mi Ac. assaulied bent and ib-tre.ited the said A.B. (m-

‘ the wife ’ or ‘ child ’ or ’ serv.inl ' of the .said ,\.B.) to the damage of iho said A.B. of

£ and the said A.B. pr.iys" Ac.

FOR IIU EAKING A N D DESl'KOV 1 N(I FENCES Ac. AND FOR I N J U R I E S ' t o I,AMI OR C'.U'II.E.

“ That the said C.D. on or about (be day of broke down and

destroyed a fence id' the said .A.B. at Sydney in tbe Di.strict of Sydney wlierebv (lie said A.B. bath sustained damage to llui amount of £ Ac. {or ‘broke down the door

of

Act No. 13, 1899. 33

Small Debts Recovery.

of tho house of the said C.D. and disturbed him in the jieaceahle possession thereof’ or ‘cut down two trees of the said A.B. of the value of £ ’ or ‘wrongfully trampled down destroyed and ate the corn or grass of the said A.B.’ or ‘drove about and injured the sheep or cattle ’ or ‘ killed or wounded a dog horse Ac.’ of the said A.B. of the value

of £ ’] and the said A.B. pra^^s ” Ac.

Defence. Section 68.

X EW SOUTH WAUES

10 Vie. No. 10.

Schedule B.

Court of petty sessions for th e '} day of

district of ) IS .

f A.B. Plaintiff

Between j and

{ C.D. Defendant

Take notice that I intend to defend this action for the following reason [or reasons as the case mat/ he'] —

2*̂*. 1 [State each (/round as sJiortl/ as possible hut with sufficient clearness particularh/

g	I	as to times places persons sums securities or ■written instruments
To A.B.
The ahove-named plaintiff

Summons. Scotiou 68.

X£W' SOUTH W'AI.ES.

10 Yic. No. 10.

Schedule B.

In the Court of petty sessions for |

the district j

To of

You are hereby summoned to appear in this Court at on the

day of next at ten of the clock in the forenoon of the same day

jirccisely to answer the following plaint [insert copy o f plaint and particulars as Jiled with the registrar] othenvise upon proof of the due service of a copy of this summons the cause when called on for hearing will ho tried and judgment be given against you for whatever may appear to ho duo together with such costs as the Court may tldiik tit to award And take notice that if you intend to defend upon any matter of set-off or excuse you must file particulars of the same in the office of the registrar

clear days at the least before the day herein named for the hearing of the cause other­

wise the evidence you may bring forward to siqiport such set-off cannot he admitted.

Dated this day of one thousand eight hundred and

By the Court

A.B. Begistrar.

Frccept in the nature of a Jieri facias.

Section 18.

10 Vie. No. 10.

E X EC TTIO N A l U I X S T OOODS.

Scliedule 0.

Court of ])ctty sessions for the I

district of )

To jn’ocosscs of this Court and to each and every of them. of bailiffs of the Court of potty sessions for the district

of and to the deputy bailiffs duly authorised and appointed to execute the

In pursuance and bv virtue of a decision of the Court of petty sessions for the

district of made on the day of IS you are hereby required to

C

Act No. 13, 1899.

Small Debts Becocery.

levy of the goods and chattels of to satisfy for the amount of

pounds shillings and ])encc being the amount of judgment and costs

which in the said Court he was adjudged to pay to the said and after levy duly

made thereof forthwith to pay the same into tliis ollice And what you shall do herein certify and return to this Court at the expiration of one calendar month from the date hereof or within three days after this warrant shall be executed if that shall sooner happen.

Dated this day of IS .

By the Court

A.B. Begistrar.

£ s. d.

J udgment...........

Costs...................

Execution...........

Alias...................

N.13.—The bailifF shall certify to the Court under his hand (and on the hack of the precept wliere it remains in his jiossession) the date of execution and what in particular he shall have done and if unexecuted why it is so.

Section G8.	Suhpa-nafor idtncss.
10 Vic. No. 10.	IfEW SOU TH W.VLES.

Schedule C. Court of petty sessions for the 7 To A.B. of

District of ^ C.D. of E.F. of

Tou are hereby severally commanded setting all excuses aside to appear in this Court at on the day next at of the clock in tho forenoon precisely to testify the truth in a cause therein depending between A.B.

of plaintiff and C. D. of defendant on the part of

the said A.B. {or C.D. as the case may he] {adding i f necessary') and to bring with you a certain agreement or note &c. {sufficiently describing it as to date and otherwise) and herein fail not at your peril.

By the Court

Eegistrar or Clerk of the Court.

Section C8.	Attachment for non-appearance to a subpeena.
10 Vic. No. 10.

Schedule C. c S ' . l l S L l I ViU0„., Begina.

Court of petty sessions for the |

District of )

To bailiffs and their deputies and to each and every of them.

A t' a Court of petty sessions for the district of held on the day

of 18 it appearing to this Court that has been duly served with a copy of a subpoena to attend this Court in the above case and though dulji called came not You and each of you are liereby commanded to attach the said wherever you may find him for a disobedience to the said subjioena and him .safely and securely keep so that you may have him before a justice of the peace of the said Court on

the d.ay of to hear and abide such order as shall then

he made touching the contempt of the said in di.sohedience of sueh subpoena.

----------------- Order

Act No. 13, 1899,

Small Debls llecovcri/.

Order f<»' rxamlnaHon of jmhjmcnt dchlor. Section 68.

No.	15 Vic. No. 27.
Ill tlie Court of petty sei^sions for the |	Sclictliilo A.

ilislrict of )

Between jiuloment creilitoi' uiul jiuljpnent deblor.

Ui’ox tlie application of the ahoveiiaiiicil jiulpiiieiit creditor it ia ordered tliat tlio

il)o\('naiiied jndoiiu'iil debtor a! lend thi.; {'oiiri: on the day of IM)

it the th liour ot tlie clock in the noon and be examined as to whether iny and wliat debts are owing to him and that tlie said iudgmeut delifor produce all necessary books and documents at the time of the examination.

Dated tliis dax" of ISi) .

By the Court.

Begistrar.

To tlio abovenamed judgment debtor.

Affidavit to f/round garnishee order. Section 63.

No.	45 Vic. No. 27.
In the Court of petty sessions for tlic	Sclicdiilo 13.

district of

Between judgment creilitor and judgment debtor.

I of the abovemuned judgment creditor [or attorney or agent for tlie

abovenamed jiidgiiieiit creditor] make oath and say—

(I) d'liat .1 [or the abovenamed judgment creditor] on the dav of

last past recovered judgment In the Court of ]ietty sessions at against

the abovenamed judgment debtor for the sum of and costs

('2) 'I'liat tbe said judgiu'.'iit is slill wlmlly uiisat islied [«■ is still iiiisal islied to tho

extent of the sum of £ \

(d) That E.F. of [state descripti(in\ is iiidelited to tlio said judgment debtor in the sum of £

(T) That the said E. F. resides within the jurisdiction of tliis Court.

Bworn at this day of IS!) before me

This affidavit is filed on behalf of the abovenamed judgment creditor.

Garaishre order attaching debt. Section (!8.

No.	45 Vic. No. 27.
In tbe Court of petty sessions for the ]	Schetulc C.

district of 1

Between judgment credilor and judgment debtor and garnisliee.

I 'l ’ii.','bearing and reading t he allidiu it of filed the day of

18!) and upon

I t is ordered that .all debts owing and accruing due from the abovenamed garnishee to

th e abovenamed judgment debtor bo attached lo answer a judgment recovered against

the said judgment dclitor by tho ahoveiiaiued judgment creditor in tlio Court of iietty sessions in the district of on tlio day of 189 for the sum

of .C	s.	d. oil which judgment the sum of £	s.	d. remains due and
unpaid.

(.\nd

Act No. 13, 1899.

Small Dehls Recovery.

(And it is further ordered that the said garnishee attend this Court on the

day of ISO at of tho clock iu the noon to show cause why he should not pay into Court the debt due from liim to the said judgment debtor or so much thereof as may be sufficient to satisfyithe said judgment.)

- Dated thi.s day of 180 .

By the Court.

Eegistrar.

To the abovenamed garnishee.

(To the abovenamed judgment debtor.)

Note.—I f the garnisliee pay t)ie amount of (ii'bl or so much thereof as will satisfy tho judgm ent debt into Court five clear days before the heaving of this summons he will incur no costs. If the garnishee ‘*does” not “ appear’’ and dispute the debt the Court may order execution to issue against him.

Section G8. Judgment against garnishee.

45 Vic. No. 27.	No.
Schedule D.	In the Court of petty sessions for tlic 1

district of )

Acknowledgment of Between A.B. judgment creditor and C.D. jadgment debtor and E.F. garnishee,

payment ijito^^Court. j j jg ordered that the said A.B. the abovenamed judgment creditor do recover against

' ‘ the said E.F. the abovenamed garnishee the sum of £ \_iusert the amount o f the

judgment debt or so much thereof as the debts amount to when the same are less than the judgment dcd)t\ and £ for costs, amounting altogether to the sum of £ and

i t is furtlicr ordered tliat tho garnishee do pay the same to tho Eegistrar of tlic Court on

the day of 189 [or by iiistalmoius of for every

days the first iustalment to be paid on the day of ISO .]

Ill case default be made iu payineiit of any one of sueh instalments and execution issue it shall be for the whole of the above amount then remaining due.

Dated this day of 189 .

Section C8. E.i'ecution against garnishee.

45 Vic. No. 27. T^lio iu ledger.

Schedule E. In the Court of petty sessions for the

district of )

Between A.B. judgment creditor and C.D. judgment debtor and E.F. garnishee.

AV’iiERE.ts on tlie day of 189 the judgment creditor obtained a judg­

ment in this (''ourt against tlie garnisliee for tlie sum of £ being [jyortion o/'] the amount due by him to the judgment debtor, and it was tliereupou ordered that the garnishee sliould jiay the sum to the Eegistrar on the day of 189 [or

by instalments of for every days] And whereas default lias been

made in payment according to the said order Tlicse are tliercforo to require and order you forth witli to make and levy by distress and sale of the goods and chattels of the said E.F. wliercsocver they may be found within the district of this Court (except the wearing apparel and bedding of him and his famil}' and the tools and inipleiiiouts of his trade if any to tho value of ten jiouiids) the sum stated at the toot of this warrant being the amount due to the said A.B. under this order including tho costs of this execution and also to seize and take any money or bank-notes ehc(|ues bills of exchange promissory notes bonds sjiccialities or securities for money of tho (lefciidant which may there bo found or such part or so much thereof as may be sufficient to satisfy this

execution

Act No. 13, 1899.

Small Debts Recover;/.

execution and the cost of making and executing the same and to pay what you shall have so levied to the Registrar of lhi,s Court and to make return of what you have done under this warrant immediately upon the execution thereof.

Given under the seal of this Court this day of 189 .

By the Court.

Registrar.

To the bailiff of the said Court and others the assistant bailiffs thereof.

Amount for which jiidgmenl was obtained.

;C s. d.

Amount of judgment ... ... ...

Costs	...	...	...	...	...
Mileage	...	...	...	...	...

Raid into Court ... ... ... ...

Total amount to be levied

N o t i c e .— The goods and chattels aiâ not to bo sold until after the end of live

days next following tho day on which they were seized unless they be of a perish,-ible

nature or at tho rc(inost of the said E.F.

Application was made to the Registrar for tho warrant at minutes past

the hour of in the noon of the day of 189 .

Order for trial. Section G8.

No. 45 Yic. No. 27.

In the court of sessions | Seliedule F.

in the district of j

Between A.B. judgment creditor and C.D. judgment debtor and E.E. garnishee. WirETiE.vs the judgment creditor at a Court holdcn at on the

day of 189 obtained a judgment against C.D. of for the sum of

£ and costs and which judgment now' remains unsatisfied And w hereas the judgment creditor having filed an affidavit stating that the said E.F. was indebted to the said C.D. a summons was issued calling upon the garnishee to show cause wdiy he should not pay into Court the amount so due or so much thereof as might be sufficient to satisfy the judgment debt and the said garnishee apjieared upon the said summons and disputed his liability I t is ordered that the hearing of the said summons be adjourned until the

day of 189 at the hour of iu the noon and that upon

such adjournment fhe liability of the garnishee to pay to tho judgment debtor the sum of £ according to tho particulars hereunto anne.xed be tried and determined [or insert any special direction as to question to be tried].

Dated this day of 189 .

Eegistrar.

£ s. d.

Debt or claim ... . . ... ...

Cost of summons ... ... ... ...

Attorney’s costs ... ... ... ...

THIRD

Act No. 14, 1899.

Matrimonial Causes.

TIIIEI) SCHEDULE.

Sccfion 61'. Jfees lo hr paid to the srrrra] offiTrs v. nilrrmcniioned on the srverul occasions set against

10 Vic. No. 10 BS. 6 the same.

iind 40 and Scliedulc £ s. d.

A. To the Eegistrar on enlei'iiig every plaint and eauso for trial ... ... ... 0 1 0

To the Eegistrar for drawino plaint and particulars it'rc(|neslcd by plaintiif... 0 1 0

To the Itegistrar for copy of summons to be served on defen<lant ... ... 0 1 0

To the jvcgistrar for every iiHpectioii of the record ... ... ... ... 0 0 (!

To the Eegistrar for drawing and issuing every writ of e.xecution or attachment 0 1 0

To the Ecgi.strar for everv subpama ... ... ... ... ... ... 0 1 ) ()

To the Eegistr.ar for lining every defence or jdea ... ... ... ... 0 1 0

To the Eegistrar for drawing same if requested i.iy defendant... ... ... 0 1 0

To tlie Eailiff for serving .summons or subpama at reqiie.-t of plaiuliff or

defendant and making allldavit of service if service bo made ... ... 0 2 0

To the Eailiff for every levy or caption ... ... ... ... ... ... 0 1 0

To the Eaililf for every mile or fraction of a mile over 2 miles from the Court

which ho may liave to travel to .serve summons or e.xeoute other process

of the Court but not counting the retui’u journey... ... ... ... 0 0 0

To the Bailift'for possession money by the day ... ... ... ... ... 0 3 0

EOUETII SCHEDULE.

Section 29 (3). Attornegs’ costs. £ ^ d.

10 Vie. No. 10 s. 44.	For drawing .and co))ying plaint with the particulars ...	...	...	...	0	'2	(I
Seliedule C.

For summons with the ])artieulars ... ... ... ... ... ... 0 1 0

For defence or set-off with the particulars ... ... ... ... ... 0 2 a

For .an Advocate's foe in a I'aso not exceeding £10 not innn't lian ... ... 1 1 0

For an Advocate’.s fee in a case not less than CIO nor exceeding ,C;5t) not

more than ... ... ... ... ... ... ... ... ... 0 0