Australian Capital Territory

judgment creditors’ remedies act 1901 (new south wales)
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 1 June 1998
TABLE OF PROVISIONS
Section
Part I—Preliminary
	1.	Short title
Part IV—Execution Against the Person
	19.	Limitation of arrest under ca. sa.
	20.	Fraudulent concealment or intended departure
	21.	Actions for malicious injuries
	22.	Ca. sa. to fix bail
	23.	Liability for escape
	24.	Discharge of judgment debtor on authority of legal practitioner
	26.	Ca. sa. may be executed on Sunday

An Act to consolidate the enactments relating to the remedies of judgment creditors
Part I—Preliminary
1. 	Short title
	This Act may be cited as the Judgment Creditors’ Remedies Act 1901.1
Part IV—Execution Against the Person
19. 	Limitation of arrest under ca. sa.
	Except as hereinafter provided, no person shall be arrested on any writ of Capias ad satisfaciendum issuing out of the Supreme Court.
20. 	Fraudulent concealment or intended departure
	If the Judge of the Supreme Court is satisfied by affidavit that the defendant—
	(a)	has fraudulently concealed money, goods or valuable securities from his judgment creditor; or
	(b)	is about to leave the Territory either permanently or for an indefinite period, without satisfying the judgment,
the Judge may order a writ of capias ad satisfaciendum to issue, and the defendant may be arrested on the writ.
21. 	Actions for malicious injuries
	Nothing in this Part hereinbefore contained shall extend to any such writ issued in an action for breach of promise of marriage, libel, slander, seduction, or any malicious injury.
22. 	Ca. sa. to fix bail
	Where a defendant has been arrested or has given bail upon a writ of capias ad respondendum, a writ of capias ad satisfaciendum may be issued to fix the bail or charge the defendant in execution as of course.
23. 	Liability for escape
	If any debtor in execution escapes out of legal custody, the sheriff, bailiff, or other person having the custody of such debtor shall be liable only to an action upon the case for damages sustained by the person at whose suit such debtor was taken or imprisoned, and shall not be liable to any action of debt in consequence of such escape.
24. 	Discharge of judgment debtor on authority of legal practitioner
(1) 	A written order under the hand of the legal practitioner in the cause by whom any writ of capias ad satisfaciendum has been issued shall justify the sheriff, gaoler, or person in whose custody the party may be in discharging such party unless the party for whom such legal practitioner professes to act has given written notice to the contrary to such sheriff, gaoler, or person.
(2) 	Such discharge shall not be a satisfaction of the debt unless made by the authority of the creditor.
(3) 	Nothing herein contained shall justify any legal practitioner in giving such order for discharge without the consent of his client.
26. 	Ca. sa. may be executed on Sunday
	Any writ of capias ad satisfaciendum issued out of the Supreme Court may be lawfully executed upon Sunday.

NOTES
1.	The Judgment Creditors’ Remedies Act 1901 of the State of New South Wales (No. 8, 1901) as shown in this reprint was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Judgment Creditors’ Remedies Act 1901 of the State of New South Wales in its application in the Territory as at 10 August 1984 comprises Part 20 of Schedule 2 to the New South Wales Acts Application Act 1984 (No. 41, 1984) as amended, details of those amendments are as follows:
	Section 2 and the Schedule, Part II (s. 3), Part III (ss. 4-18), section 25 and Part V 
(ss. 27-33) were repealed by the New South Wales Acts Application Act 1984.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

(Reprinted as at 31 August 1991)	
Legal Practitioners (Consequential Amendments) Act 1997	96, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:  1 June 1998 (see s. 2 (2))
	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 24	am. No. 96, 1997