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ALL STATUTES, or parts of Statutes, which have been repealed or have ceased to operate, are omitted from this Edition. Reference to the Historical Table in Volume IV. will however enable the reader to follow all the Statutes, their Repeals and Amendments.
An Act for regulating the Constitution of Juries, and the
Office of Sheriff.
[Assented to 2nd March, 1832.
1 to 22 (inclusive). [Repealed by 22 Vic., No. 7.]
or by deputy to execute process
23. [See now 5 Gul. IV., No. 2, sects. 2 and 3.] 24. And be it further enacted that the Sheriff of the said Colony Sheriff in person for the time being shall by himself or his sufficient deputies, to be by him appointed and duly authorised under his hand and seal, and for whom he shall be responsible during his continuance in office, execute To be responsiall the sentences, decrees, judgments, writs, summonses, rules, orders, ble for deputies warrants, commands and process to him directed of the Civil and Criminal Courts of the said Colony, and shall make a due return of the same together with the manner of the execution thereof to the said Courts, and shall receive and detain in prison all such persons as shall be committed to the custody of such Sheriff by any Court or Judge of the said Colony.
25. And be it further enacted that whenever any Court of the said Colony shall award any process against the said Sheriff or award any process in any cause, matter or thing in which the said Sheriff cannot act on account of his being related to the parties or any of them, or by reason of any good cause of challenge which would be allowed against Sheriff in England, in every such case it shall be lawful for the Court awarding any such process to name and appoint some other fit person to execute and return the same, to whom the same shall be directed.
If Sheriff incomCourts to award process to some
petent to act,
Debts due to the Crown
Colonial Secretary to furnish
of debtors to the Crown
Whenever final judgment
GUL. IV. REGIS
An Act to secure the Payment of Debts due to the
THEREAS the mode of enforcing the payment of debts due to the Crown as practised in England by extents in chief is unsuited to the present circumstances of the Colony, and it is expedieut to provide a more simple method of securing payment of the same, saving always to all parties legally entitled the right of disputing the claim of the Crown: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, with the advice of the Legislative Council, that as soon as conveniently may be after the passing of this Act, the Colonial Secretary of the said Colony shall Clerk with a list furnish to the Registrar Clerk of the Civil Court thereof a list of all indebted to the said Government; and that when and so often persons as any final judgment shall be recovered by any private suitor in the said Court against any debtor whose name shall be contained in the said list (under which judgment process of execution could be issued Registrar Clerk against the real and personal property of such debtor), it shall be incumbent upon the said Registrar Clerk within twenty-four hours after entry of such judgment to give notice in writing, according to the form (No. 1) in the Schedule hereunto annexed, to such debtor that unless he appear in the said Court on a certain day, to be named in such notice (not being less than three days from the date of such notice), and show cause to the contrary, execution will be awarded against him for the debt so due to the said Government, as well as for the amount recovered by such judgment as aforesaid, and at the same time the said Registrar Clerk shall give a notice in writing, according to the form (No. 2) in the said Schedule, to the party recovering such judgment.
against any such debtor, the
shall give notice
If debtor fail to appear on the day appointed, execution in
favour of the Crown
If debtor appear on the day appointed, the
matter shall be heard
2. And be it further enacted that if such debtor on the day so appointed for showing cause as aforesaid (until which day execution shall be stayed upon the said judgment) shall not appear and dispute the claim of the said Government, then upon proof of his having been personally served with the said notice to show cause, the said Court shall award execution to be forthwith issued against the body, lands and goods of the said debtor in precedence and exclusion of all other process of execution previously issued at the instance of any private suitor, and under which no arrest of person or sale of lands and goods shall have been actually made at the date of such award.
3. And be it further enacted that if on the day appointed for showing cause as aforesaid the said debtor shall appear and offer to show cause against the claim of the said Government, it shall be law
Debts due to the Crown
ful for the said Court to hear and determine the matter of such cause in such and the same manner as if the same had been brought before the said Court by summons; and if the judgment of the Court shall be in favour of the said Government, execution shall be forthwith awarded against the body, lands and goods of the said debtor in precedence and exclusion as aforesaid; but if the judgment of the Court shall be against the said Government, process of execution shall be forthwith issued in favour of the party recovering such judgment as aforesaid.
4. And be it further enacted that in case the debt so due to the said Government, together with costs, shall not be paid within five days after the day of date of the process of execution, the lands and chattels attached under such process (or so much thereof as shall be sufficient to discharge the said debt and costs, together with the fees and expenses of sale) shall be sold by public auction by the Sheriff of the said Colony, who shall with all convenient dispatch pay into the hands of the Treasurer or Acting-Treasurer for the time being of the said Colony, the debt and costs so levied as aforesaid on account of the said Government.
5. Provided always, and be it further enacted, that if any debtor to the said Government shall make default by not appearing in the said Court on the day appointed to show cause as aforesaid, and shall within five days after the date of process of execution issued against him, in consequence of such default, satisfy the said Court that such default was not wilful or negligent, it shall be competent for the said Court to stay execution upon such process, and to admit the said debtor to show cause, if any he may have, against the claim of the said Government.
6. And be it further enacted, that if the property of any debtor to the said Government against whom process of execution shall have been awarded as aforesaid shall be sufficient to answer the amount directed by such process to be levied, it shall not be lawful for the said Sheriff to arrest the person of such debtor; and if the personal perty of such debtor shall not be sufficient to answer the said last mentioned amount, it shall not be lawful for the said Sheriff to attach the real property of the said debtor.
7. And be it further enacted that the process of execution to be issued out of the said Court for the levying of any debt due to the said Government shall be in the Form (No. 3) in the said Schedule. 8. And in order that no private creditor may be prejudiced by suing any debtor to the said Government, not knowing him to be such Be it further enacted that the said Registrar Clerk shall inform without fee, and whenever called upon so to do, any creditor suing or about to sue any other person in the said Court, whether the person so sued or about to be sued is a debtor to the said Government, and to what amount.
Debts due to the Crown
SCHEDULE REFERRED TO BY THE ABOVE ACT
FORM No. 1
Civil Court of
Mr. A. B.,
Take notice that unless you appear and show cause to the contrary on the day of next, at the hour of in the Execution will be awarded against your body, lands and goods, on account of a sum of now due by you to the Local Government of the said Colony. Dated the
C. D., Registrar Clerk.
FORM No. 2
Civil Court of
Between C. D., Plaintiff, and A. B., Defendant
Mr. C. D.,
Take notice that the sum of is claimed to be due from the above-named A. B. to the Local Government of the said Colony, and that unless due cause be shown to the contrary by the said A. B. on or before the day of next, Process of Execution will be awarded on account of the said claim against the body, lands and goods of the said A. B. in preference of the judgment by you recovered in the said cause, and that in the meantime execution is stayed upon the said judgment.
Civil Court of
FORM No. 3
E. F., Registrar Clerk.
To the Sheriff of the said Colony
These are to require you to attach the body, lands and goods of A. B., of on account of a certain sum of costs) now due by the said A. B. to the Local said Colony, and that you cause the said sum of charges about the same, to be levied of the said lands and goods within six days from the date hereof, unless the said sum of charges as aforesaid, shall be sooner paid and satisfied, and return to the Registrar Clerk of the said Court what you shall have done by virtue hereof, for which this shall be your warrant.
together with your
Given under my hand this
Commissioner of the said Court.