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Naturalization of Aliens

Application; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies by and with the Advice and Consent of the Legislative Council thereof:

1. That the said Franz Anthon Didrick Christian Helwich be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein.

2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

WESTERN AUSTRALIA

ANNO SEXTO

VICTORIÆ REGINE

No. 15

An Act to extend the Remedies of Creditors against the
Property of Debtors.

WH

[Assented to 10th November, 1842.

Sheriff may

table securities sue for debts, &c.

seize, &c., nego

WHEREAS it is expedient to give judgment creditors more Preamble effectual remedies against the real and personal estate of their debtors than they possess under the existing law: Be it therefore enacted by the advice of the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that by virtue of any writ of execution to be sued out of the Civil Court of this Colony or any precept in pursuance thereof, the Sheriff or other officer having execution thereof shall or may seize and take money or bank notes, cheques, bills of exchange, promissory notes, bonds, specialities or other securities for money belonging to the party against whose effects such writ shall have been sued out, and shall or may seize and retain for any period not exceeding forty-eight hours the books of accounts of such party relating to the trade, business, calling or occupation of such party, and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized or a sufficient part thereof, and shall hold any such cheques, bills of exchange, promissory notes, bonds, specialities or other securities for money as a security or securities for the amount by such writ directed to be levied, or so much thereof as shall not have been otherwise levied and raised, and may sue in the name of such Sheriff or other officer for the recovery of the sum or sums secured thereby and for the recovery

Sheriff not obliged to sue unless indemnified

Parties indebted to any person against whom

writ of execution has issued, not to pay such debt to any other person

than the Sheriff

Shares in public companies may be charged and sold

Attachment and Recovery of Debts

of any debt due to the party against whom such writ shall have issued as may in the reasonable discretion of such Sheriff be requisite (over and above the value or estimated value of any other property seized under such writ) to satisfy the amount by such writ directed to be levied if and when the time of payment of the sums secured by such securities and of such debts respectively shall have arrived, and that the payment to such Sheriff or other officer by the party liable on any such cheque, bill of exchange, promissory note, bond, speciality or other security, with or without suit, or the recovering and levying execution against the party so liable, shall discharge him or her to the extent of such payment or of such recovery and levy in execution, as the case may be, from his or her liability on any such cheque, bill of exchange, promissory note, bond, speciality or other security, and such Sheriff or other officer shall pay over to the party suing out such writ the money so to be recovered or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied, and if after satisfaction of the amount so to be levied, together with Sheriff's poundage and expenses, any surplus shall remain in the hands of such Sheriff or other officer, the same shall be paid to the party against whom such writ shall have been issued: Provided always that no such Sheriff or other officer shall be bound to sue any party so liable as aforesaid, unless the party suing out execution shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action or to which he may become liable in consequence thereof, and the Sheriff shall be entitled to a fee upon such of twenty shillings, to be deducted out of any money to be recovered in such action.

2. And be it enacted that a written notice signed by the said Sheriff, addressed to any person who shall appear by any such books of account as aforesaid to be indebted to any person against whom any such writ of execution shall have issued and warning the person to be served with such notice not to pay such debt to any other than person the said Sheriff, shall, after service thereof, have the effect of restraining the party served therewith from paying such debt otherwise than to the said Sheriff until a written countermand of such notice be signed and served by such Sheriff; and if any person served with such notice shall, after service thereof, and before service of such countermand, pay such debt otherwise than to the said Sheriff, such person shall be liable to the execution creditor for the amount so paid.

3. And be it enacted that if any person against whom any judgment shall have been entered up in the said Civil Court shall have any stock or share or shares of or in any public company in this Colony (whether incorporated or not) standing in his name in his own right or in the name of any person in trust for him, it shall be lawful for the Commissioner of the said Court, on the application of any judgment creditor, to order that such stock or shares or such of them or such part thereof respectively as he shall think fit shall stand charged with the payment of the amount for which judgment shall have been so recovered and interest thereon; and if such judgment and interest be not paid or satisfied within the period of six calendar months from the date of such order, it shall be further lawful for the said Commissioner on the application of such judgment creditor or his or her lawful representative,

Attachment and Recovery of Debts

supported by affidavit, that such judgment and interest or some portion thereof respectively are or is still unsatisfied, to order and direct that the stock or shares so charged as aforesaid shall be sold by the Sheriff in like manner as any personal property of a defendant may be sold under the process of execution of the said Court, but subject nevertheless to any right of pre-emption and to the rules, regulations and agreements, if any, which in and by the deed of settlement or partnership or other instrument of association of such company may be contained or provided for or concerning the sale of such stock or shares.

4. And be it further enacted that every order of the said Commissioner charging any stock or share in any public company under this Act shall be made in the first instance ex parte and without any notice to the judgment debtor, and shall be an order to show cause only, and such order shall restrain such company from permitting a transfer of such stock or shares, and if after notice of such order to the person or persons to be restrained thereby or in case of corporation to any authorised agent thereof, and before the same order shall be discharged, such corporation or other company shall permit any such transfer to be made, then and in such case such corporation or other company shall be liable to the judgment creditor for the value or amount of the property so charged and so transferred or such part thereof as may be sufficient to satisfy his judgment, and that no disposition of the judgment debtor in the meantime shall be valid or effectual as against the judgment creditor; and unless the judgment debtor shall, within a time to be mentioned in such order, show to the said Commissioner cause to the contrary, the said order shall, after proof of notice thereof to the judgment debtor or his attorney, be made absolute: Provided that the said Commissioner shall, upon the application of the judgment debtor or any other person interested, have full power to discharge or vary such order and to award such costs upon such application as he may think fit.

Order of Court transfer of shares, &c

to restrain

carry

interest

5. And be it enacted that every judgment debt shall carry interest Judgment to at the rate of ten pounds for every hundred pounds by the from year the time of entering up the judgment until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment.

6. And be it enacted that all decrees and orders of the said Civil Court, on the Equity side thereof, and all rules and orders of the said Court, interlocutory or other, whereby any sum of money or any costs, charges or expenses, shall be payable to any person, shall have the effect of judgments on the Common Law side of the said Court; and the persons to whom any such moneys, costs, charges or expenses shall be payable shall be deemed judgment creditors within the meaning of this Act, and all remedies hereby given to judgment creditors are in like manner given to persons to whom any moneys, costs, charges or expenses are by such orders or rules respectively directed to be paid; and all such decrees and orders of the said Court on the Equity side thereof, and all such rules and other orders of the said Court as aforesaid, shall or may be enforced in like manner and by the like process of execution (or as near thereto as the circumstances of the case will admit) as the judgments of the said Court, on the Common Law side thereof, may be enforced.

Decrees and orders of Court

of Equity, &c.,

to have effect of judgments

Sheriff may sell by private contract

Act may be amended

Attachment and Recovery of Debts

7. And be it enacted that it shall be lawful for the Sheriff of the said Colony to sell by private contract any goods and chattels by him seized under process of execution as soon after the seizure thereof as he may think fit, if it shall appear to him that such a course of sale is likely to realise the fair market value of the said goods and chattels, and to procure, if he shall deem the same expedient, two competent persons to make an appraisement in writing, under their hands, of such goods and chattels, and to pay a fee of two shillings and sixpence to each of such appraisers, and to charge and include such fees in the expenses of the execution.

8. And be it enacted that this Act may be amended or repealed by any Act to be passed during the present session.

JOHN HUTT,

GOVERNOR.

Preamble

A release to be effectual although no lease for a year shall be executed

The recital or mention of a lease for a year in a release executed before

the passing of this Act, to be evidence of the execution of

such lease for a year

WESTERN AUSTRALIA

ANNO SEPTIMO

VICTORIÆ REGINE

No. 4

An Act for rendering a Release as effectual for the Conveyance of Freehold Estates as a Lease and Release by the same parties. [Assented to 13th July, 1843.

WH

WHEREAS it is expedient to lessen the expenses of conveying freehold estates: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that every deed or instrument of release of a freehold estate or deed or instrument purporting or intended to be a deed or instrument of release of a freehold estate which shall be executed after the passing of this Act, and shall be expressed to be made in pursuance of this Act, shall be as effectual for the purposes therein expressed, and shall take effect as a conveyance to uses or otherwise, and shall operate in all respects both at law and equity as if the releasing party or parties who shall have executed the same had also executed in due form a deed or instrument of bargain and sale or lease for a year for giving effect to such release, although no such deed or instrument of bargain and sale or lease for a year shall be executed.

2. And whereas deeds or instruments of bargain and sale or leases for a year, to give effect to deeds or instruments of release of freehold estates heretofore executed, may have been lost or mislaid: Be it enacted that where in or by any deed or instrument of release of freehold estates executed before the passing of this Act, any deed or instrument of bargain and sale or lease for a year giving effect to such deed or instrument of release shall be recited, or by any mention thereof in such deed or instrument of release appear to have been made or

[graphic]

Transfer of Real Property

executed, such recital or mention thereof shall be deemed and taken to be conclusive evidence of the deed or instrument of bargain and sale or lease for year so recited or mentioned having been made and executed; and such deed or instrument of release shall also have the like effect as if the same had been executed after the passing of this Act, whether such deed or instrument of bargain and sale or lease for a year shall or shall not have been lost or mislaid or may or may not be produced :Provided always that this Act shall not prejudice or affect any proceedings at law or in equity pending at the time of the passing of this Act, in which the validity of any bargain and sale or lease for a year shall be in question between the party claiming under such bargain and sale or lease for a year and the party claiming adversely thereto; and such bargain and sale or lease for a year, if the result of such proceedings shall invalidate the same, shall not be rendered valid by this Act.

the word Freehold'

3. And be it enacted that in the construction of this Act, the Construction of word 'freehold' shall have not only its usual signification, but shall extend to all lands and hereditaments for the conveyance of which if this Act had not been passed, a bargain and sale or lease for a year, as well as a release might have been used.

4. And be it enacted that this Act may be amended or repealed by Act may be any Act to be passed during this present session.

amended

JOHN HUTT,

GOVERNOR.

WESTERN AUSTRALIA

ANNO SEPTIMO

VICTORIÆ REGINE

No. 7

An Act to continue for a limited period an Act intituled 'An Act to allow the Aboriginal Natives of Western Australia to give information and evidence without the sanction of an Oath.'

WH

[Assented to 3rd August, 1843.

HEREAS an Act was passed in the fourth and fifth years of Preamble
the reign of Her present Majesty, intituled 'An Act to allow

the aboriginal natives of Western Australia and its Dependencies to
give information and evidence without the sanction of an oath,' which
Act is shortly about to expire; and whereas it is expedient that the
said Act should be continued for a limited period: Be it therefore 4th & 5th Vic.,
enacted, by His Excellency the Governor of Western Australia and
its Dependencies, by and with the advice and consent of the Legislative
Council thereof, that the said Act shall be, and the same is hereby
continued for the space of five years from the date of this Act.

VOL. I.

E

No. 22, continued for five years

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