Sheriff Act 1873 (TAS)

Sheriff Act 1873

An Act to make other provision than now exists for the appointment of the Sheriff, and to define his position in certain cases

[Royal Assent 1 August 1873]

Whereas by the Charter of Justice the Governor is required to appoint the Sheriff annually:And whereas it is expedient and necessary to provide that the Sheriff whenever appointed shall continue in office during the Governor’s pleasure:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Power of Governor to appoint Sheriff to hold office during pleasure [Section 1 Amended by 25 Geo. V No. 78 ] (1)  It shall be lawful for the Governor, by warrant under his hand and the seal of the State, to appoint some fit and proper person to be Sheriff for Tasmania and its dependencies, and the person so appointed shall hold office during pleasure only, and may be removed from office by the Governor, anything contained in any charter or any law to the contrary notwithstanding. (2)  [Section 1 Subsection (2) omitted by No. 38 of 1979, s. 3 ].  .  .  .  .  .  .  .   2Responsibility of Sheriff [Section 2 Inserted by 25 Geo. V No. 78 ]If any person in the custody of the Sheriff or his officer or of any other person, either in execution or otherwise in the course of civil proceedings, escapes out of legal custody, such Sheriff or other person shall be liable to pay the damages sustained by the party at whose suit such prisoner was taken into custody, and the costs of any action to recover the same, but not any further sum. 3Short title [Section 3 Inserted by 25 Geo. V No. 78 ]This Act may be cited as the Sheriff Act 1873 .