STATUTORY RULES.

1939. No. 61.

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.

Rules of Court.*

(As of Monday, the 31st day of July, 1939.)

PURSUANT to the Seat of Government Supreme Court Act 1933-1935, and to all other powers thereunto enabling, it is ordered that the Rules of the Supreme Court of the Australian Capital Territory be amended as follows :—

Form of indorsement.

1. Order 43, rule 16 is amended by omitting the figures “44” and inserting in their stead the figures “43”.

First Schedule—Forms 54 and 55.

2. The First Schedule is amended by omitting Forms 54 and 55 and inserting in their stead the following forms:—

“Form 54. 0.43. r. 12.

WRIT OF FIERI FACIAS.

[Heading as in Form 1.]

George the Sixth, by the Grace of God of Great Britain, Ireland, and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India.

To the Sheriff of the Territory for the Seat of Government, greeting:

We command you that of the real and personal estate of C.D., in your bailiwick you cause to be made the sum of £                            and also interest thereon at the rate of £                                          per centum per annum from the                                          day of                                          ,* which said sum of money and interest were lately before us in the Supreme Court of the Australian Capital Territory in a certain action [or matter there depending intituled “In the Matter of, &c.,” or as the case may be] wherein A.B., is plaintiff and C.D. defendant by a judgment [or order, as the case may be] of our said court, bearing date the                                                        day of                                                        , adjudged [or ordered, as the case may be] to be paid by the said C.D. to A.B., together with certain costs in the said judgment [or order, as the case may be] mentioned, and which costs have been taxed and allowed by the taxing officer of our said court at the sum of £                                                        as appears by the certificate of the said taxing officer, dated the                            day of                                          . And that of the real and personal estate of the said C.D. in your bailiwick you further cause to be made the said sum of £                            [costs] together with interest thereon at the rate of £5 per centum per annum from the                                          day of                                                                      * and that you have that money and interest before us in our said court immediately after the execution hereof to be paid to the said A.B. in pursuance of the said judgment [or order, as the case may be]. And in what manner you shall have executed this our writ make appear to us in our said court immediately after the execution thereof. And have there then this writ.

Witness, &c. (as in Form 1) the    day of

in the year of our Lord One thousand nine hundred and

Indorsement.

Levy £  and £    for costs of execution, &c., and also interest on £                                                        at £5 per centum per annum (or other agreed rate) from the                            day of                                                        , 19              , till payment, besides Sheriff’s poundage, officers’ fees, costs of levying, the fees, expenses, and costs mentioned in Order 43, rule 14, if and when incurred, and all other legal incidental expenses.

This writ was issued by   of   agent for  solicitor for the                                          who resides at

The   is a  and resides at   in your bailiwick.

* Day of the judgment or order, or day on which money directed to be paid, or day from which interest is directed by the order to run, as the case may be.

* Notified in the Commonwealth Gazette on 10th August, 1939.

3517.—Price 3D.

“Form 55. O.43. r. 12.

WRIT OF VENDITIONI EXPONAS.

[Heading as in Form 1.]

George the Sixth, &c. [as in Form 54].

To the Sheriff of the Territory for the Seat of Government greeting:

Whereas by our writ we lately commanded you that of the real and personal estate of C.D. [here recite the fieri facias to the end]. And on the                                          day of                                          , you returned to us in the Supreme Court of the Australian Capital Territory aforesaid, that by virtue of the said writ to you directed you had taken real and personal estate of the said C.D. to the value of the money and interest aforesaid, which said real and personal estate remained in your hands unsold for want of buyers. Therefore we, being desirous that the said A.B. should be satisfied his money and interest aforesaid, command you that you expose to sale and sell, or cause to be sold, the real and personal estate of the said C.D., by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same, and have the money arising from such sale before us in our said court of justice immediately after the execution hereof, to be paid to the said A.B. And have there then this writ.

Witness, &c.

[Indorsement as in Form 54.]”.

H. B. PIPER,

(l.s.) Acting Judge of the Supreme Court of the

Australian Capital Territory.

F. C. P. Keane, Registrar.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.