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Divisional Boundaries in Towns
Clerk of the Civil Court, to abide the order, control and disposition of the said Court; which said Court, on the application of any person making claim to such compensation, or any part thereof, on motion or petition, is hereby empowered in a summary way of proceeding or otherwise, to order payment thereof to the person, or distribution thereof among the persons, entitled to such land, in such manner, time and proportion and upon such terms or otherwise as to the said Court shall seem just and reasonable; and the said Registrar Clerk shall give a receipt for any amount of compensation so paid to him, specifying therein by whom the same was paid, and in respect of what land, according to such particulars as shall be furnished to him by the person paying the same, and shall be entitled to demand for such receipt the sum of one shilling.
Moos' 22. And be it enacted that when any compensation awarded as not to affect aforesaid shall have been paid by mistake of fact or law to a person
jo or persons not lawfully entitled to receive the same, such mispayment to the land shall not affect the title of the party paying the same to the land in respect of which the same shall have been paid, nor shall such land be subject to any lien for the sum so mispaid ; but the persons lawfully entitled to receive such compensation, or his, her or their lawful representatives, shall or may recover the same within eighteen months from the date of such payment by action for money had and received
against the person receiving such mispayment, or his or her lawful
representative. *...* 23. And be it enacted that this Act may be altered, amended or repealed by any Act to be passed during this present session. JOHN HUTT, GovePNOR.
Preamble HEREAS by the ninth section of an Act of the Legislative Council passed in the second year of the reign of King William IV., intituled “An Act for establishing a Court of Civil Judicature,” it is enacted that if any person shall have a claim or ground of action of whatsoever mature against any other person who may be about to leave this Colony, and the party having such claim or ground of action as aforesaid shall produce to the Commissioner of the Civil Court reasonable primá facie evidence of such his right of action and of the intention of such other party to leave the Colony, in such case it shall be lawful for the said Commissioner to issue a warrant under his hand for the apprehension of the party intending to leave the Colony, who Remedies of Creditors against Debtors Shortening the Language of Acts
shall thereupon give reasonable security, at the discretion of the said Commissioner, to abide the result of proceedings in the said Court to be founded on such right of action, or else shall be kept in custody until such proceedings shall have terminated: Provided always that the party claiming such warrant shall prosecute his claim with all reasonable diligence, otherwise it shall be lawful for the said Commissioner to discharge the party So kept in custody as aforesaid on his petition ; and whereas it is expedient to empower some other person to issue such warrant as aforesaid during the occasional absence on circuit of the said Commissioner: 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 during any occasional absence on circuit of the Commissioner of the Civil Court, it shall be lawful for His Excellency the Governor, upon the written application of any party desiring such warrant as aforesaid, or such warrant as hereinafter mentioned, to appoint some fit and proper person to receive such evidence and to issue such warrant as aforesaid or as hereinafter mentioned, and to do all things incident to and collateral therewith as the Said Commissioner is empowered to do by the said Section of the Act aforesaid or by this Act.
2. And be it enacted that if any person has or shall, before or after the passing of this Act, become the sole acceptor of any bill of exchange, or sole maker of any promissory note, or has or shall have entered into any other valid contract, written or verbal, by which bill, note or contract such person is or shall be solely bound or liable to pay within this Colony to any other person or persons any sum of money on or before a certain day or time (the payment of such money not being secured by mortgage or pledge), and if the person for the time being entitled to the benefit of such bill, note or contract, or his or her agent, shall, by the affidavit of himself or herself or of any other person, show to the satisfaction of the Commissioner of the Civil Court that the person so liable as aforesaid is about to leave this Colony before the time of payment specified by such bill, note, or contract without having satisfied the same, and without giving or tendering reasonable security (other than such bill, note, or contract itself) for the due Satisfaction thereof it shall be lawful for the said Commissioner, or for any person appointed to act during his absence as aforesaid, to Order that the person so about to leave this Colony be forthwith
arrested to answer an action to be forthwith commenced against him
or her by, or in the name of, the person by whom or in whose behalf Such order shall have been obtained, for the amount Secured by or remaining due upon such bill, note, or contract, as for a debt already payable; and thereupon it shall be lawful for the person on whose behalf such order shall have been obtained, or for his or her agent, forthwith to commence such action and to sue out of the said Court, a Writ or warrant in the form sanctioned by the present or any future rules and orders of the said Court for the arrest of the person so about to leave this Colony as aforesaid.
8. And be it enacted that if any person arrested under any such
order as aforesaid shall pay to the Sheriff or Sheriff's Officer making
such arrest (in acquiescence and satisfaction to and of the plaintiff's
claim) the sum sued for, less interest thereon (after the rate allowed by
If the person so arrested shall not pay or give security, he shall remain in custody till judgment or nonsuit
But if plaintiff fail to use due diligence, Commissioner may discharge the party from custody.
Sheriff to dispose of the sum as directed by the rules and orders of the Court
Act may be amended
Remedies of Creditors against Debtors
the rules for the time being of the said Court) for the interval between
consent aforesaid, unless there be something in the subject or context repugnant to such construction, every word importing the masculine gender or singular number shall be construed to include the feminine and plural respectively, and vice versa, and bodies politic and corporate as well as individuals; and whenever mention is made in any such Act or Ordinance of the Governor, or of any public officer of the Colony, it shall be construed to mean the person lawfully acting as such in the Colony for the time being; and also that the word Act shall be construed to mean Ordinance, and vice versä.
HEREAS doubts have been suggested as to whether certain Acts or parts of Acts of Parliament inflicting pecuniary penalties in certain cases can be legally applied in the administration of justice in this Colony, because the pecuniary penalties or sums of money so inflicted or leviable under some of the provisions of the said Acts are directed to go and be appropriated to the overseer of the poor of some parish, or to the treasurer of some county, or otherwise in aid of the county rates, or are to be demanded by the churchwardens of some parish, or some other person or persons in particular of or in some county or place or parish, or for some charitable institution or some other local fund or purpose, and it is expedient to remove such doubts: Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof, that in all cases where any Act of Parliament or section of any Act of Parliament otherwise applicable in the administration of justice in this Colony cannot be strictly complied with, by reason that the fine, forfeiture or penalty inflicted or leviable by the same Act or Section is made applicable to some local purposes as aforesaid or is to be demanded by some particular person or persons, such fine, forfeiture Or penalty shall be leviable without any such demand and shall be reserved to the use of Her Majesty, her heirs and successors, and shall
Ordinance may be altered
Fines, &c., under
Ordinance may be altered
Justices of the Peace, doc.
be paid to the Collector of Revenue for the public uses of this Colony and the support of the Government thereof.
2. And whereas Justices of the Peace for the Colony of Western Australia have heretofore exercised a summary jurisdiction under and by virtue of several Acts as hereinbefore mentioned, and whereas the said Justices, or some of them, have made, done and caused to be executed divers judgments, orders, acts and things, and have caused divers penalties to be enforced and sums of money to be levied under the powers of the said Acts; and whereas it is expedient that all persons shall be protected and indemnified from vexatious proceedings for or by reason of any such judgment, sentence, act or thing made, passed, done or executed by them : Be it enacted that no proceedings shall be commenced, prosecuted or maintained by any person whatsoever against any Justice of the Peace for having exercised summary jurisdiction under any such Acts as aforesaid or against any other person whatsoever who may have done any act or thing under and by virtue of any judgment, sentence or order of any Justice of the Peace exercising such jurisdiction; and if any action or suit shall be brought against any Justice of the Peace, constable or other person for any act or thing done or purporting to be done under or by virtue of any such Act of Parliament as aforesaid the defendant in every such action or suit may plead the general issue and may give this Ordinance and the special matter in evidence at any trial to be had thereupon; and if the verdict or judgment shall be for the defendant, or if the plaintiff be nonsuited or discontinue his action or suit, or if upon demurrer judgment shall be given against the plaintiff, the defendant shall have treble costs and shall have like remedy for the same as any other defendant hath in any other case to recover costs by law.