Creditors’ Remedies Act 1929 (NI)

NORFOLK ISLAND

CREDITORS' REMEDIES ACT 1929

[Consolidated as at 22 February 2006 on the authority of the Administrator and in accordance with the Enactments Reprinting Act 1980] ________

TABLE OF PROVISIONS

1. Short title 2. Definition 3. Plaintiff may in certain cases obtain order for arrest of defendant 4. Effect of order 5. Time at which order may be made 6. Arrest of judgment debtor 7. Discharge on payment of judgment debt 8. Application to Court for discharge 9. Imprisonment not a satisfaction of debt

NORFOLK ISLAND

Creditors' Remedies Act 1929

An Act to extend the Remedies of Creditors

Short title 1. This Act may be cited as the Creditors' Remedies Act 1929. Definition 2. In this Act, unless the contrary intention appears, "the Court" means the Supreme Court of Norfolk Island or the Court of Petty Sessions. Plaintiff may in certain cases obtain order for arrest of defendant 3. If a plaintiff in an action shows to the satisfaction of the Court  (a) that he has a good cause of action against the defendant to the amount of $20 or upwards;

(b that the defendant or one or more of the defendants is, with intent to defeat the plaintiff's action, about to leave the jurisdiction of the court, and (c) that the action will be defeated unless the defendant is forthwith apprehended; the Court may, if it considers it advisable, order that the defendant or defendants be arrested and held to bail for a sum, to be specified in the order, not exceeding the amount claimed in the action. Effect of order 4. An order made under the last preceding section, or a copy thereof signed or purporting to be signed by a Judge or Magistrate, as the case requires, shall be a good and sufficient warrant to any officer of police or to the officer in charge of any gaol for the arrest and detention of the defendant; and the defendant when arrested shall, subject to section 8 of this Act, remain in custody until the determination of the action, unless in the meantime he gives security to the Court that he will satisfy any judgment that may be given against him in the action, or makes deposit of the amount specified in the order to abide the result of the action, in either of which cases he shall be entitled to immediate release. Time at which order may be made 5. An order under section 3 of this Act may be made, and the defendant arrested in pursuance thereof, at any time after the commencement of the action and before final judgment therein.