No. XIII.
An Act for regulating the Appointment and
| Duties of Sheriff in New South Wales. | [8th |
| December, 1843.] |
| WH E R E A S | South | W a l e s i t is ordained t h a t | t he Governor for the | t ime |
| by t h e | Char te r of Ju s t i ce for t he | Colony of | New |
| being | shal l yearly on t h e | first | M o n d a y of t he | m o n t h of J a n u a r y | by |
w a r r a n t unde r his hand and seal nomina te a n d appoin t some fit and proper person to act as a n d be t h e Sheriff of t h e Colony of N e w South Wales and i ts Dependencies for t he year ensu ing and t h a t such Sheriff shall cont inue in such office d u r i n g t h e space of one whole year and un t i l ano the r shall be appoin ted and sworn in to t he said office and whereas by t h e said Char te r i t is further ordained t h a t t h e Supreme Cour t shall fix cer tain l imits beyond which t h e said Sheriff shall no t be compellable to go in person or by his officers for t h e execution of any process of t he said Cour t a n d cer ta in provisions are m a d e wi th respect to t he direct ion and execut ion of process out of t h e Supreme Cour t in cases where the Sheriff is in teres ted or where t he same is sought to be executed beyond such l imits and i t is expedient t h a t such por t ion of t h e said Char t e r as relates to t h e a n n u a l appo in tmen t of t he Sheriff and such other provisions of t h e same as are hereinbefore reci ted should be a l tered and modified and such fur ther provisions made for r egu la t ing the said office as are hereinafter conta ined I3e it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales w i th t he advice and consent of t h e Legislat ive Council thereof
| T h a t from | and after t he pass ing of th i s A c t t he office of Sheriff for |
| t he Colony of N e w Sou th W a l e s shall | be ho lden du r ing p leasure | and |
| t h e person appoin ted to such office for t h e t i m e being shall from | t i m e |
| to t ime be so appointed by t h e Governor of t h e said Colony. |
| 2. A n d be i t enacted Tha t after t h e pass ing of th i s Act | in | al l |
cases in which at present according to t h e t e rms of t he aforesaid Char te r t he Supreme Cour t is au thor ized to n a m e and appoin t some person o ther t h a n t h e Sheriff to w h o m t h e process of t he Court shall be directed such nomina t ion and appo in tmen t may be made by any J u d g e of t h e said Cour t and tha t in l ike m a n n e r in cases where not wi ths t and ing t h e direction of any such process to the Sheriff the Cour t is now by t h e same Char t e r requ i red to direct by wha t persons and in w h a t m a n n e r such process shall be executed such direction m a y be given and all orders in respect thereof be m a d e by any J u d g e of t h e said Cour t and t h e process m a y in any such las t -ment ioned cases if t h e J u d g e sees fit be directed to such person instead of t he Sheriff and in every such case as aforesaid t h e Sheriff (a l though t h e same m a y be in fact directed to h im) shall no t be responsible for any act done unde r or in respect of such process or by color thereof b u t t h e person or persons aggrieved by any such act shall have t h e same remedy and r i g h t of act ion agains t t h e person to w h o m the process was directed or t he person appointed to execute the same (as t h e case may have been) or agains t t he p a r t y su ing out t h e process or bo th (separately or jo in t ly) as t he person aggrieved would have had agains t t he Sheriff in case such process had been directed to t ha t officer and t h e act or acts complained of had been done by h i m Provided always t h a t in any such case t h e fees paid by the defendant in ord inary cases to t h e Sheriff shall be due and payable to t he plaintiff except t h e
| fees | for | reg is te r ing | t h e | w a r r a n t | and | r e t u r n i n g | the | same. |
3. A n d be it enacted T h a t if any debtor in execut ion shall escape out of legal custody after t he pass ing of th i s A c t t h e Sheriff Bailiff or o ther person h a v i n g the cus tody of such debtor shal l be l iable only to a n act ion u p o n t h e case for damages sus ta ined by the person or persons a t whose suit such debtor was t a k e n or imprisoned a n d shal l no t be l iable to any act ion of debt in consequence of such escape.
| 4. A n d be i t enacted T h a t t he Sheriff and his depu ty | specially |
appointed by h i m for t h a t purpose shall have power to g r a n t replevin in all cases where a Sheriff in Eng land has power to g r a n t t he same in t h e same m a n n e r and on the same t e rms and t h e Sheriff or deputy g r a n t i n g t h e same shall have power to t ake a bond condit ioned for prosecut ing in t h e Supreme Cour t which bond m a y be assigned and
| sued on in l ike m a n n e r | as in t h e l ike cases in | E n g l a n d . |
| 5. A n d be it enacted T h a t t he Sheriff for t h e t i m e be ing | shall |
from t i m e to t ime p rocure and give such securi ty by bond or recogni zance to H e r Majesty and H e r Successors by himself and such sureties and in such reasonable sum or sums respectively as H e r said Majesty or H e r Successors m a y t h i n k fit to r equ i re condit ioned for t he collection and for t he p a y m e n t over by h i m to t h e Colonial Treasurer of t he said Colony of all monies which shall come to his h a n d s by v i r tue of h is office of Sheriff and which should he paid over to the said Treasurer and in case of any such non-paymen t i t shall be lawful for H e r Majesty and H e r Successors to p u t the same bond or recognizance in suit and to enforce t h e same by ex ten t as in any ord inary case of debt by recognizance due to t he Crown Provided
| a lways t h a t n o sure ty for t h e Sheriff shal l be liable beyond | the |
| separa te a m o u n t in which he may have become bound for himself | and |
also t h a t every such sure ty m a y wi thdraw from any fur ther liability for t he fu ture unde r any such bond or recognizance by giving to H e r Majes ty ' s A t to rney Genera l for New South W a l e s th ree m o n t h s ' notice in w r i t i n g of his in tended w i thd rawa l wi thou t prejudice never theless to any previous breach of t he condit ion of such bond or recog nizance.
| 6. A n d be i t enacted Tha t on t h e first Monday in every m o n t h a r e tu rn shall be m a d e by t h e Sheriff to t h e Governor of t he | Colony |
of all fines which du r ing t h e preceding m o n t h t h e said Sheriff may have been ordered by the J u d g e s of t h e Supreme Cour t to collect or which i t m a y otherwise be his d u t y to collect and t h a t such r e tu rn
shall shew whe the r such fines have been collected or not and shall also
| shew t h e whole a m o u n t which m a y at the t ime of m a k i n g the re tu rn |
remain due to t h e Sheriff on account of fines wi th t h e n a m e of the
| pa r ty | or par t ies from | w h o m such a m o u n t | is owing. |
| 7. A n d be i t enacted T h a t after t h e pass ing of th i s Ac t | all |
such p*oceedmgs may at t h e ins tance of t h e Sheriff be h a d before and such orders and decisions be m a d e by any J u d g e of t h e Supreme Court as by t h e Ac t in force for g iv ing relief agains t adverse claims can be now had before or m a d e by t h e Cour t only.
| 8. | A n d whereas it is expedient t h a t t h e D e p u t y Sheriff of | Po r t |
| Ph i l l ip should be included in th i s A c t | Be it enac ted Tha t t h e | same |
| shal l app ly to t he D e p u t y Sheriff of P o r t Phi l l ip in regard | to his |
| a p p o i n t m e n t | power dut ies | privileges | a n d | l iabil i t ies | as | if | t h a t | office] |
| were specially ment ioned t h r o u g h o u t | t he several clauses of | th i s | Ac t . |
| 4 | M — V O L . | 2. | No. | X I V . |