Sheriff Act 1842 (SA)

ANNO QUINTO

VICTORLE REGINB.

No. p5.

AN ACT to regulate the and the Duties of the &her@

Buxto~

11. And whereas Charles ewenham Esquire is now acting

as Sheriff of the said Enacted That the said Charles

Burton Newenham shall be and c ntinue to be Sheriff until the First dsry of January next and until a n W appointment shall be made of a person who shall take upon him elf the said office by making thc declaration hereinafter mentioned And in case any such Shcriff shall die in his office or depart from t e Province or bc suspended from his said office then another person slall as soon as conveniently may be after the dcath or departure or S ~spension of such Sheriff be in

like manner appointed to the said \ o ce.

111. And bc it Enacted That any person so appointed shall

take upon himself the office of	shall in the presence of such
Govcrnor or	a declaration that he will
faithfully	which declaration shall be in
the following form that is to say-

"I A.B. do solemnly and sincerely that I will truly faithfully

and honestly execute the office of	of the Frovincc of South
Austrtltlia in all things according to

IV. And be it Enacted That the $heriff shall have the charge and superintendence of all gaols and thc custody of all imprisoned aebtors and criminals Provided that he S all n i t be liable to answer for the escape of any person impris ned within the walls of any authorized prison or gaol unless the same shall happen by or through

his wilful neglect or default. I

V. And be it Enacted That th iff s l d l bc and be deemed an

officer of the Supreme Court a	be attendant thereon and be
obedient to all the rules and ord	of and shall execute all such

process criminal and civil as ccted to him from the said

Court for that purpose Prov	that in any casc where
process may be awarded agai	riff or under such circum-
stances as would according to	ngland make it improper

for the Sheriff to execute	and in every such case it
shall be lawful for the Su	any Judge thereof as the

case may rcquirc to direct any fit person to be

appointed by such Court o	purpose And the cause
of such special proceeding	ted and entered on the
records of the said Court P	t is hereby Enacted That
the Supreme Court shall	e appoint certain places

within this Province whe	appoint deputies to act
in his name and on his b	y or in the granting of
replevins only as to the	nd that the said Court
shall from time to time	ond which the Sheriff
shall not be compelled	in person or by his

deputies

\tqd&: ps3- rq3K

deputies or officers for the execution f the process of the said Court in any case between party and party a d when the process of the said Court shall be so executed in any plac E beyond the limits so fixed the	Supreme Court or some Judge thEreo	shah upon motion or summons
direct by what person or persons an	in what manner such process
shall be executed and the terms an	conditions which the party at

whose instance the same shall be is 4	ed shall enter into in ordei. to
prevent any improper use or abuse	the process of the Court and
the Sheriff shall in such case direct	special warrant to such person
or persons as the Court shall direct	the execution of such process

and shall not be responsible or any act to be done in or in

have been directed to

bc taken upon	Court is hereby
authorized to	the Sheriff shall

not be liable by him

VI, And be it Enacted That the S ~eriff shall have power by himself

or his deputy in that behalf to gran; replevin of goods distrained and shall in every case of replevin grant efore any deliverance be made

of the distress take in his own from the plaintiff and two

responsible persons as sureties a bonc'. in double the value of the goods distrained (such value to be ascerta-ned by the oath of one or more credible witness or witnesses not ir. terested in the goods or distrcss which oath the Sheriff or his deputy :.S hereby authorized and required

to administer) and for prosecuting the suit in the Supreme Court	with effect and without delay and for duly returning the goods and	chattels distrained in case a return shall be awarded and such bond
shall be in the form of the Scheduh hereunto annexed and may be assigned in such manner and such lemedy and relief had and given thereunder as is directed in and by an Act of Parliament made and passed in the Eleventh year of His ldajesty King George the Second intituled An Act for the more efectual securing the payment of rents and preventing frauds by tcna:lts."
VII. And be it Enacted That it hall be lawful for the Supreme Court or any Judge thereof upon he application of the Sheriff or any of his officers either on motion r summons to give him or them
such relief by rule or order in the ase of conflicting claims arising
out of the execution of any proces i against goods and chattels issued by

by or under the authority	d Court as any Court in England
can give to a Sheriff und	virtue of an Act of Parliament
made and passed in the	car of His late Majesty King
William the Fourth intit	Act to enable Courts of Law to
give relief against adve	made upon persons having no
interest in the subject of	S" And in every case in which
it shall appear that th	d his o$ccrs have actcd with

diligence impartiality all be further lawful for such

Court or Judgc to	as shall seem just for the
payment to the Sheriff by	g claimants or such of them
as the Court or Ju	all such reasonable costs as
shall be incurred by	about obtaining such rule or
order.

VIII. And be it Enacted t in every case in which the Shci<ff

shall have taken bail for in Court of a defendant in

any action in pursuance	and such party shall
make default in	rules of the Court it

shall be lawful of such bail

bond and to proceed th&eon a he might do i; any superior Court in England but it shall not be lawful for him to proceed in the first instance against the Sheriff fo such default of appearance but the

Sheriff shall be answerable fo the sufficiency of the bail taken by

him in the same manner and epee as he is by the law of Ellgland answerable for the sufficiency f sureties taken by him in an action of replevin Provided that at y timc after default shall be so made in appearance by putting in ncl perfecting bail according to the rules of the Court it shall b lawful for the Sheriff to take the defendant and lodge him in 1 rison to answer thc plaintiff in such action and such t a b g shall deemed to be a tak?ng according to

the exigency of the writ also that in such last mentioned

case the Sheriff shall be the plaintiff such costs as he

may have incurred after of such default in appearance

and before ndtice to	of the lodging of auch
defendant in prison.

IX, And be it Enacted That it shall be1 lawful for the Shcriff from time to time to take and receive suc	money for poundage
on the execution of writs of execution a	Sheriffs of England
are by any statute authorized to take and	in the like case and

that the She~iff and his officers shall and c and receive such

other fees for the granting of warrants an	atters as shall from
time to time be allowed by the Judge or a Schedule of which fees shall as soon the allowance thereof be published in

I

:	Province
f

from time to time to direct.

GEORGE GREY,

Governor of South Australia.

Passed in Council this Twenty-second day '

o f March One Thousand Ezght Hundred

A M. MUNDY,

Clerk of Council.

SCHEDULE REFERRED TO IN THIS ACT.

R E P L E V I N BOND.

Know all Men by these presents that W e

A. B. of	Carpenter
C. D. of	Grocer and
E. F. of	Merchant

are jointly and severally bound to C. B. Newenham Esqr. Sheriff of the Province of

South Australia in the sum of

of lawful money to be paid to the said Sheriff or his certain Attorney executor8

administrators or assigns for which payment to be well and truly made we bind ourselves and each and every of us in the whole and each and every of our heir8 executors and adrniristratoru Sealed with our Seals this day of

The condition of this obligation is such that if the abavc bounden A B. do within one calendar month from thc date hereof commence a suit in Her Majesty's Supreme Court of this Province tor the taking and unjustly detaining of his goods and chattels to wit (here set forth the goods &c. distrained) and do prosecute the same with effect and without delay and make a return of the said goods and chattels if a return thereof shall be adjudged then this prescnt obligation shall be void and of none effect or else shall be and remain in full force and virtue.

-. . ----.

Adelaide: By authority by W. C, Cox, Government