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©State of Queensland
QUEENSLAND
THE SHERIFF'S ACT OF 1875
39 Vic. No.3
[Reprinted as at 1 October, 1984]
Sheriff's Act of 1875, 39 Vic. No. 3 As amended by
Acts Shortening Act Amendment Act of 1903, 3 Edw. 7 No. 10 Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
An Act to provide for the more speedy and effectual Execution of the Process of the Supreme Court
(ASSENTED TO 13 JULY, 1875]
References to "Handy's Statutes" and to the corresponding sections of the Act 31 Vic. No. 23 were omitted from the marginal notes by the Acts Citation Act of 1903, 3 Edw. 7 No. 10, s. 10.
Preamble repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. (Repealed).
Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
2. Governor may appoint high bailiffs or bailiffs when necessary.
It shall be lawful for the Governor with the advice of the Executive Council to appoint fit and proper persons to be high bailiffs or bailiffs at such towns and places as shall be necessary or expedient and every person so appointed shall give security to Her Majesty her heirs and successors by bond or recognizance of himself and two responsible sureties or otherwise in such manner and in such reasonable amount as may be fixed by the Governor in Council for the due performance by such person of the duties of his office and for the due payment by him to the Sheriff or as he shall direct of all moneys which shall come to his hands in the execution of the duties of his office.
3. Officers so appointed to be deemed Sheriff's officers. Every person so appointed as aforesaid shall for the purposes of this Act be deemed to be an officer of the Sheriff and shall be bound by himself or his deputies to execute all lawful orders and precepts of the Sheriff directed to him and shall in all respects have and perform the same duties as
2 s.4 THE SHERIFFS ACT OF 1875 s. 7
have been heretofore performed by the officers of the Sheriff appointed under his hand and seal.
4. Persons aggrJeved by acts of officers may sue the Sheriff by that name and not personally. Mode of payment of d'amages recovered. Any person aggrieved by any act or default of any of the officers of the Sheriff appointed as aforesaid shall have the like remedy as heretofore
by action ·
Provided that every such action brought against the Sheriff shall be brought against him by the name of "The Sheriff of Queensland"
and not by his own name and any damages or costs adjudged to be recovered by the plaintiff in any such action shall be paid by the Treasurer out of the consolidated revenue.
5. Power to appoint· person to execute process where Sheriff ought not to execute. Whenever the said court or any judge thereof shall direct any process to issue against the Sheriff or award any process in any cause matter or thing wherein the said Sheriff on account of his being related to any of the parties thereto or by reason of any good cause of challenge which would be allowed against any Sheriff in England ought not to execute the same it shall be lawful for the said court or any judge thereof to appoint some other fit person to execute the same.
6. Power to appoint special bailiff. Whenever the process of the court is to be executed in a remote part of the colony and it shall appear to the court or any judge thereof that delay in the execution of such process would be likely to ensue if such process were directed to ·the Sheriff it shall be lawful for the said court or any judge thereof upon the application. of the party at whose suit such process is to be issued to order that such process shall be directed to some fit person instead of to the Sheriff and executed in such manner and under such terms and conditions as the court or judge shall deem meet
And in any such case no action shall be brought against the Sheriff for any acts or defaults of the person named in. such process but any party aggrieved by any act or default of such person shall have the like remedy against him that he might have had by action against the Sheriff in case such· process had been directed to the said Sheriff and the act or default had been committed by him or his officers
Provided that in any such case all fees of right payable to the Sheriff by the person against whom such process is directed shall with the exception of those for registering the warrant and returning the same be paid to the person on whose behalf such process was issued.
7. Action of debt not to lie on escape of debtor. If any debtor in execution shall escape out of legal custody after the passing. of this Act the Sheriff deputy-sheriff bailiff or other person having the custody of such debtor shall not be liable to any action of debt in consequence of such escape but the party aggrieved shall be entitled to an action upon the case for the damages sustained by him. ·
s. 8 THE SHERIFF'S ACT OF 1875 s. 10 3
8. Duties and status of Northern Sheriff defined. And whereas doubts may arise as to the power and authority of the Sheriff appointed for the Colony of Queensland under the said recited Act within the district assigned to the Northern Judge under "The Supreme Court Act of 1874" and as to the powers and authorities of the Sheriff appointed under the said last-mentioned Act (hereinafter called the Northern Sheriff) Be it enacted and declared as follows-
1. The Sheriff appointed or to be appointed under "The Supreme Court Act of 1867" shall be deemed to have and to have had jurisdiction and authority throughout the whole colony 2. The Northern Sheriff appointed or to be appointed under the said last recited Act shall be deemed to be a deputy of the Sheriff of Queensland for the purposes of executing all writs summonses rules orders warrants precepts commands and process of the said court which shall have to be executed within the aforesaid district
3. All such writs summonses rules orders warrants precepts commands and process of the said court wherever the same shall be to be executed shall be directed to the Sheriff of Queensland
4. For the purpose of determining any question of priority between writs of execution or other process the office of the Sheriff at Brisbane and the office of the Northern Sheriff shall be deemed to be one and the same office
5. The Sheriff of Queensland shall not be personally accountable for any acts or defaults of the Northern Sheriff.
9. Sheriff and officers personally accountable for their own acts or defaults. Notwithstanding anything hereinbefore contained every sheriff bailiff and other officer of the Sheriff shall be accountable for his own acts and defaults in the same manner and to the same extent as heretofore.
10. Short title. This Act shall be styled and may be cited as "The Sheriffs Act of 1875."
65164-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO
THE SHERIFF'S ACT OF 1875
Act-
short title of Action upon the case-
re escape of debtor . Appointment-
of bailiff ..
of high bailiff . . . . . . . . . . . . . . of person to execute process against Sheriff of special bailiff
Bailiff-
accountability for appointment of ..
appointment of special duties of . . . . . . to be Sherift's officer
Court-
may appoint special bailiff
Damages-
against Sheriff . . . . re escape of debtor . Debt, action of-
re escape of debtor .
Execution of process- against Sheriff .
Fees of right- re special bailiffs
Governor in Council- may appoint bailiffs
A
B
c
D
E
F
G
s. 10
2 2 5 6
3 2 6 3 3
4 7
6
2
Page
3 2 I I 2 I
I I 2 I I
2
2 2 2
2
2
6 INDEX
Page
H
High bailiff. See Bailiff.
N
Northern Sheriff- duties and status of
re liability of Sheriff of Que~~sland s. 3 8 (5):.
s
Sheriff-
liability of, re special bailiff . 6 2
re appointment of bailiffs 2 1
re damages against . 4 2
re default of 9 3
re execution of process against 5 4
re Northern Sheriff . 8 3
re officers of ss. 3, 9 1, 3
re suit against . . . . . . s. 4 2
re vicarious liability of .. ss. 4, 6 2
Sheriff of Queensland-
re Northern Sheriff . s. 8
Short title of Act 10
"Supreme Court Act of 1874"- re Northern Sheriff .
T
Treasurer-
re payment of damages against Sheriff 4 2
65164-By Authority: S. R. HAMPSON, Government Printer, Queensland
