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An Act for regulating the Constitution of Juries, and the
1 to 22 (inclusive). [Repealed by 22 Vic., No. 7.] 23.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 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 all the sentences, decrees, judgments, writs, summonses, rules, orders, 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.
GovKRNOR AND COMMANDER-IN-CHIEF. WOL. I. B
Sheriff in person or by deputy to execute process
To be responsible for deputies
If Sheriff incompetent to act, Courts to award process to Some other person
If debtor fail to appear on the day appointed, execution in favour of the Crown
If debtor appear on the day appointed, the Imatter shall be heard
HEREAS 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 furnish to the Registrar Clerk of the Civil Court thereof a list of all persons indebted to the said Government; and that when and so often 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 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.
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 property 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.
If judgment against the Crown, execution awarded for the private suitor
If execution for the Crown, and debts and costs not paid, the property sold by public auction
Debtor making default in appearance, may show cause why
Form of exccution for the Crown
Creditors to be informed without fee, who are debtors to the Crown, and the amount
Debts due to the Crown
SCHEDULE REFERRED TO BY THE ABOVE ACT
FORM No. 1 Civil Court of } Western Australia ; 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 noon,
y Execution will be awarded against your body, lands and goods, on account of a sum now due by you to the Local Government of the said Colony. Dated the day of Signed C. D., Registrar Clerk.
FORM No. 2 Civil Court of |
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. Dated the day of E. F.,
FORM No. 3 Civil Court of }
These are to require you to attach the body, lands and goods of A. B., of on account of a certain sum of (debt and costs) now due by the said A. B. to the Local Government of the said Colony, and that you cause the said sum of together with your 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 together with your 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.
• *-* * * Commissioner of the said Court.
HEREAS it is desirable to establish some simple and uniform mode of conveying Real Property situate within this Colony : Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, with the advice of the Legislative Council, that from and after the passing of this Act a deed or instrument in Writing (according to the form numbered 1 in the Schedule hereunto annexed) duly executed by the parties thereto, shall be valid and effectual to pass and transfer, both at law and in equity, any estate thereby expressed to be transferred, in possession, remainder, or reversion, in any hereditaments situate within the said Colony or its Dependencies, without livery of seizin, attornment or other ceremony in the law whatsoever.
2. And be it further enacted that an instrument in Writing (according to the form numbered 2 in the said Schedule), duly executed by the parties thereto, accompanied by a deposit of the title deed, or title deeds of any hereditaments therein referred to, and situate within the said Colony, shall (from the time of default being made in payment of the principal money or interest thereby secured) have the effect in all proceedings at law or in equity of a conveyance or assignment of the legal estate in the same hereditaments, to the mortgagee or person in whose favour such last-mentioned instrument shall be executed ; and that it shall not be essential to the validity of any sale and conveyance of the same hereditaments by the said mortgagee, under or by virtue of any power of sale contained in such last-mentioned instrument that the mortgagor, his heirs or assigns, should join in making and executing such sale and conveyance, and that the receipts of the said mortgagee, his executors, administrators or assigns, shall be sufficient discharges for the purchase money therein expressed to be received, to the purchaser or purchasers thereof, who shall not be obliged to inquire into the legality of any such sale, and shall not be answerable for the nonapplication or misapplication of such purchase momey: Provided that every such instrument as last aforesaid be duly registered within one month from the date of its execution.
3. And be it further enacted that in case the money secured by any such instrument as last aforesaid shall be repaid within the time thereby limited, and a verified certificate of such repayment (in the form required by an Act of Council intituled ‘Am Act to provide for the Registration of Deeds, Wills, Judgments and Conveyances, affecting Real Property') shall be delivered into the Registry Office of the said Colony, then and in such case such last-mentioned instrument shall