{"id":"civil-procedure-act-1833-imp","name":"Civil Procedure Act 1833 (Imp)","slug":"civil-procedure-act-1833-imp","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30171,"registerId":"wa-civil-procedure-act-1833-imp-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Procedure Act 1833 (Imp)","content":"![Crest]()Western Australia\n\nCivil Procedure Act 1833 (Imp)\n\nWestern Australia\n\nCivil Procedure Act 1833 (Imp)\n\nContents\n\n2. Executors may bring actions for injuries to the real estates of the deceased; and actions may be brought against executors for an injury to property, real or personal, by their testator 1\n\n6. The limitation after judgment or outlawry reversed 2\n\n7. No part of the United Kingdom, etc., to be deemed beyond the seas within the meaning of this Act 2\n\n31. Executors suing in right of the testator to pay costs 3\n\n37. Executors of lessor may distrain for arrears in his lifetime 3\n\n38. Arrears may be distrained for within 6 months after determination of term 3\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nCivil Procedure Act 1833 (Imp)\n\nAn Act for further Amendment of the Law, and the better Advancement of Justice. 3\n\n[**1.** Deleted in WA: Act No. 36 of 1935 s. 8.] 4\n\n##### 2. Executors may bring actions for injuries to the real estates of the deceased; and actions may be brought against executors for an injury to property, real or personal, by their testator\n\nAnd whereas there is no remedy provided by law for injuries to the real estate of any person deceased, committed in his lifetime, nor for certain wrongs done by a person deceased in his lifetime to another in respect of his property, real or personal;\n\nfor remedy thereof be it enacted, that an action of trespass, or trespass on the case, as the case may be, may be maintained by the executors or administrators of any person deceased for any injury to the real estate of such person, committed in his lifetime, for which an action might have been maintained by such person, so as such injury shall have been committed within six calendar months before the death of such deceased person, and provided such action shall be brought within one year after the death of such person; and the damages, when recovered, shall be part of the personal estate of such person;\n\nand further, that an action of trespass, or trespass on the case, as the case may be, may be maintained against the executors or administrators of any person deceased for any wrong committed by him in his lifetime to another in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person’s death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person; and the damages to be recovered in such action shall be payable in like order of administration as the simple contract debts of such person.\n\n[**3‑5.** Deleted in WA: Act No. 35 of 1935 s. 2.] 5\n\n##### 6. The limitation after judgment or outlawry reversed\n\nAnd nevertheless be it enacted, if in any of the said actions judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill, or if in any of the said actions the defendant shall be outlawed, and shall after reverse the outlawry, that in all such cases the party plaintiff, his executors or administrators, as the case shall require, may commence a new action or suit from time to time within a year after such judgment reversed, or such judgment given against the plaintiff, or outlawry reversed, and not after.\n\n##### 7. No part of the United Kingdom, etc., to be deemed beyond the seas within the meaning of this Act\n\nAnd be it further enacted, that no part of the United Kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, and Sark, nor any islands adjacent to any of them, being part of the dominions of His Majesty, shall be deemed to be beyond the seas within the meaning of this Act, or of the Act passed in the twenty‑first year of the reign of King James the First, intituled *An Act for Limitation of Actions, and for avoiding of Suits in Law*.\n\n[**8‑30.** Deleted in WA: Act No. 36 of 1935 s. 8.] 4\n\n##### 31. Executors suing in right of the testator to pay costs\n\nAnd be it further enacted, that in every action brought by any executor or administrator in right of the testator or intestate, such executor or administrator shall, unless the court in which such action is brought, or a judge of any of the said superior courts, shall otherwise order, be liable to pay costs to the defendant in case of being nonsuited or a verdict passing against the plaintiff, and in all other cases in which he would be liable if such plaintiff were suing in his own right upon a cause of action accruing to himself; and the defendant shall have judgment for such costs, and they shall be recovered in like manner.\n\n[**32‑36.** Deleted in WA: Act No. 36 of 1935 s. 8.] 4\n\n##### 37. Executors of lessor may distrain for arrears in his lifetime\n\nAnd be it further enacted, that it shall be lawful for the executors or administrators of any lessor or landlord to distrain upon the lands demised for any term, or at will, for the arrearages of rent due to such lessor or landlord in his lifetime, in like manner as such lessor or landlord might have done in his lifetime. 6\n\n##### 38. Arrears may be distrained for within 6 months after determination of term\n\nAnd be it further enacted, that such arrearages may be distrained for after the end or determination of such term or lease, at will, in the same manner as if such term or lease had not been ended or determined;\n\nProvided that such distress be made within the space of six calendar months after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due:\n\nProvided also, that all and every the powers and provisions in the several statutes made relating to distresses for rent shall be applicable to the distresses so made as aforesaid. 7\n\n[**39‑41.** Deleted in WA: 59 Vict. No. 13 s. 27.] 8\n\n[**42‑45.** Deleted in WA: Act No. 36 of 1935 s. 8.] 9\n\nNotes\n\n1 This is a compilation of the *Civil Procedure Act 1833 (Imp)*. The following table contains information about that Act and any previous reprints.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Civil Procedure Act 1833 (Imp)* 2 | 1833 (3 and 4 Will. IV c. 42) | 14 Aug 1833 | 11 Apr 1836 (adopted by *Imperial Acts Adopting Act 1836*) |\n| *Arbitration Act 1895* s. 27 | 1895 (59 Vict. No. 13 | 11 Sep 1895 | 11 Sep 1895 |\n| *Limitation Act 1935* s. 2 | 35 of 1935 | 7 Jan 1936 | 14 Apr 1936 (see s. 1 and *Gazette* 9 Apr 1936 p. 527) |\n| *Supreme Court act 1935* s. 8 | 36 of 1935 | 3 Mar 1936 | 1 May 1936 (see s. 1 and *Gazette* 9 Apr 1936 p. 527) Reserved for Royal Assent 7 Jan 1936. Assented: 3 Mar 1936 (see *Gazette* 3 Apr 1936 p. 484) |\n| **Reprinted as at 26 Oct 1999** | | | |\n\n\n2 Adopted in WA by *Imperial Acts Adopting Act 1836* (preamble, item 13).\n\n(6 Will. IV No. 4) [Assent 11 April 1836]\n\n3 The short title *Civil Procedure Act 1833* was given to this Imperial Act by the *Short Titles Act 1896* (UK).\n\nFor other information about this Imperial Act see *Halsbury’s Statutes of England*, Second Edition, Vol 9, p 675.\n\n4 I.e. s 1 repealed in so far as it was part of the law of WA by the *Supreme Court Act 1935*, s 8 [Commenced 1 May 1936].\n\n5 I.e. ss 3-5 repealed in so far as they were part of the law of WA by the *Limitation Act 1935*, s 2 [Commenced 14 April 1936].\n\n6 NB: *Distress for Rent Abolition Act 1936* (WA).\n\n7 NB: *Distress for Rent Abolition Act 1936* (WA).\n\n8 I.e. ss 39-41 repealed in so far as they were part of the law of WA by the *Arbitration Act 1895*, s 27 [Assent 11 September 1895]\n\n9 I.e. ss 42-45 repealed in so far as they were part of the law of WA by the *Supreme Court Act 1935*, s 8 [Commenced 1 May 1936].\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope in Western Australia has been narrowed by subsequent WA statutes. Compilation notes record the deletion in WA of s 1; ss 3–5; ss 8–30; ss 32–36; ss 39–41; and ss 42–45. Remaining operative provisions focus on executors’ causes of action and liabilities (s 2, s 6, s 7, s 31, s 37, s 38 as compiled) while other matters have been superseded or repealed by the Limitation Act 1935, Supreme Court Act 1935, Arbitration Act 1895 and Distress for Rent Abolition Act 1936 (as indicated in the compilation table and notes)."},"complexity_factors":["Multiple, overlapping time limits (e.g. 6 months, 1 year) governing when actions may be brought and against whom.","Different treatment of damages depending on whether the action is by the estate (personal estate) or against the estate (paid as simple contract debts).","Executor/administrator liability for costs subject to judicial discretion ('unless the court ... shall otherwise order').","Distress ( distraint ) rules tied to possession status and a six‑month post‑term window, plus cross‑references to other distress statutes.","Interplay with other statutes and repeals referenced in compilation notes (Limitation Act 1935, Supreme Court Act 1935, Arbitration Act 1895, Distress for Rent Abolition Act 1936).","Territorial clarification (what counts as ‘beyond the seas’) affecting scope of the Act.","Surviving fragments from an Imperial Act with many sections repealed, increasing the need to consult related WA legislation to understand current effect."],"plain_english_summary":"This Act lets executors and administrators bring or face certain lawsuits for injuries to property caused or suffered by a person shortly before their death, subject to short, fixed time limits, and prescribes whether damages are treated as part of the deceased’s personal estate or as simple contract debts. It also lets a deceased landlord’s executors distrain for rent arrears within six months after a lease ends while the tenant remains in possession, and makes executors liable for costs unless a court orders otherwise."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1833 Imperial Act was a comprehensive 'further Amendment of the Law, and the better Advancement of Justice' covering numerous procedural matters. However, Western Australia has progressively deleted most sections (1, 3-5, 8-30, 32-36, 39-45) through various Acts from 1895 to 1936. What remains is a fragmentary shadow of the original, dealing only with specific executor powers, limitation periods, and costs rules. The scope has narrowed from a broad procedural reform to a handful of specific transitional provisions."},"complexity_factors":["Archaic language and sentence structure typical of 19th century legislation ('And whereas...', 'be it enacted')","Multiple temporal conditions (6 months before death, 1 year after death, 6 months after administration)","Cross-references to repealed sections and other Acts (e.g., 'Act passed in the twenty-first year of the reign of King James the First')","Conditional logic with nested provisos in section 38","Heavy deletion/amendment history requiring reader to track what remains in force vs what has been repealed by subsequent WA legislation"],"plain_english_summary":"This is a very old British law from 1833 that was adopted into Western Australian law in 1836. It deals with what happens to legal claims when someone dies.\n\n**What it does:**\n\n*   **Lets executors sue for damage to property:** If someone damaged a deceased person's land or property shortly before they died, the deceased's executor (the person appointed to handle their estate) can sue for compensation. The damage must have happened within 6 months of the death, and the lawsuit must start within 1 year of the death. Any money won goes into the deceased's estate.\n\n*   **Lets people sue deceased estates:** If a dead person damaged someone else's property shortly before dying, the victim can sue the deceased's estate. The damage must have happened within 6 months of the death, and the lawsuit must start within 6 months of the executor taking control of the estate. Any compensation gets paid out like other debts of the deceased.\n\n*   **Gives second chances on technicalities:** If someone wins a lawsuit but the judgment gets overturned on a technicality (called 'reversed by error'), or if the defendant was declared an outlaw but that gets reversed, the plaintiff gets another year to start a new case.\n\n*   **Clarifies geography:** For the purposes of this law, nowhere in the UK or nearby islands counts as 'beyond the seas' (which used to affect time limits for legal actions).\n\n*   **Makes executors pay costs if they lose:** If an executor sues someone on behalf of the deceased's estate and loses, they generally have to pay the defendant's legal costs, just like any other losing plaintiff would.\n\n*   **Lets executors collect rent arrears:** An executor can seize a tenant's goods to cover rent owed to the deceased landlord (this is called 'distress'). They can do this even after the lease ends, but only within 6 months and only while the tenant still occupies the property.\n\n**Why it matters:**\n\nMost of this Act has been deleted or replaced by modern Western Australian laws (noted throughout the text). The remaining sections are largely historical curiosities, though some principles about suing estates and costs liability may still have residual effect or influence modern interpretation. The distress-for-rent provisions are specifically noted as being affected by the *Distress for Rent Abolition Act 1936*, suggesting they too are largely obsolete."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No scope assessment is possible — the legislative content could not be retrieved. The page is unavailable due to website system upgrades."},"complexity_factors":["No actual legislative text is available for analysis — the page returns a 404-style error","The historical Imperial Act origin adds contextual complexity but cannot be assessed without content","Uncertainty about whether the Act remains in force, has been repealed, or has been superseded"],"plain_english_summary":"The Civil Procedure Act 1833 (Imp) is an old British statute that historically set rules for how civil (non‑criminal) cases were conducted and processed, and was applied to colonial Western Australia. It would have affected courts and private parties in civil disputes. Because the source page is unavailable and the Act may be repealed or superseded, check the WA legislation site or Parliamentary Counsel."}},"importantCases":[],"_links":{"self":"/api/acts/civil-procedure-act-1833-imp","history":"/api/acts/civil-procedure-act-1833-imp/history","analysis":"/api/acts/civil-procedure-act-1833-imp/analysis","conflicts":"/api/acts/civil-procedure-act-1833-imp/conflicts","importantCases":"/api/acts/civil-procedure-act-1833-imp/important-cases","documents":"/api/acts/civil-procedure-act-1833-imp/documents"}}