Sheriff (1851) (WA)

WESTERN AUSTRALIA.

ANNO °ECM) QUINTO

VICTORIA. BEGINS

No. II.

An Ordinance for restricting the Responsi-

bility of the Sheriff of Western Australia.

HEREAS by the Colonial Ordinance passed in the second

intituled " an Act for regulating the Constitution of Juries, and theWyear of the reign of His Majesty King William the Fourth,

office of Sheriff," it is amongst other things, enacted, that the said Sheriff for the time being shall by himself,or or by his sufficient deputies, to be by him appointed, and for whom he shall be rospon-

I5th Viet. No. 2. 1851.

Bible during his continuance in of fice, execute all the sentences, decrees, judgments, writs, summonses, rules, orders, warrants, com- mands, and process, to him directed, of the Civil and Criminal Courts of the said colony, and receive and detain in prison all such persons as shall he committed to the custody of such Sheriff by any Court or Judge of the said colony ; and whereas it is expedient that the responsibility of the said Sheriff should be restricted and modified as hereinafter contained ;—Be it therefore enacted, by His Excellency. the Governor of Western Australia and its Dependencies, by and with

In execution of pro-

the advice and consent fo the Legislative Council thereof, that from and

cess of the Civil

after the passing of this Ordinance, the responsibility of such Sheriff, so

Court, the responsi-

bility of Sheriff limi-

far as respects the execution of any process of the Civil Court of the said

ted to distance of 50

colony, shall be limited to any official duties dischargeable by him-

miles.

self or Hs deputies within the distance of 50 miles from the office of

the said Sheriff in the town of Perth.

Court to direct, in II. PROVIDED always, that when the process of the Court

other cases, how and	shall be to be executed in any place or places beyond the said dis-
on what terms such	tance, the Commissioner of the said Civil Court shall, upon applica-
process shall be exe-	tion to him, in or out of Court, direct by what person or persons and
cuted.	in what manner such process shall be executed, and the terms and conditions which the party at whose instance the same shall be issued, shall enter into, in order to prevent any abuse of the process of the said Court, and the Sheriff shall, and he is hereby required to grant his special warrant or deputation to such person or persons as the said Court shall direct, for the execution of such process ; and the said Sheriff, his Executors or Administrators, shall not be responsible in any respect for the execution of such process, under or by pretence of such special warrant ; and any person or persons being aggrieved by any act done under or by pretence of such special warrant, shall and may seek his or their remedy under any security which may have been directed to be taken upon theoccasion, and which the
How fees are to be	said Court, or the said Commisioner, is hereby authorised to direct to
paid.	be taken. Provided further, that in any such case of special Deputation as aforesaid, the fees paid by the defendant in ordinary cases to the Sheriff shall be due and payable to the plaintiff, except the fees for the special warrant and returning the same.

CHARLES FITZGERALD,

GOVERNOR AND COAIMANDER-IN-CHIEF.

Passed the Council the 17th

day of November, 1851. 3

A. O'GRADY LEFROY,

Clerk of the Council,

Printed by authority of the Government, by E. Stirling, Perth.