Queensland SHERIFF’S ACT 1875 Reprinted as in force on 17 January 1995 (includes amendments up to Act 8 Edw 7 No. 18 of 1908) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 17 January 1995. The reprint— • shows the law as amended by all amendments that commenced on or before that day • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • update citations and references (Pt 4, Div 2) • update references (Pt 4, Div 3) • express gender specific provisions in a way consistent with current legislative drafting practice (s 24) • use different spelling consistent with current legislative drafting practice (s 26(2)) • use expressions consistent with current legislative drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current legislative drafting practice (s 35) • omit the enacting words(s 42A) • number and renumber certain provisions and references (s 43) Also see Endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • Table of changed names and titles • Table of renumbered provisions. Queensland SHERIFF’S ACT 1875 TABLE OF PROVISIONS Section Page 2 Governor may appoint high bailiffs or bailiffs when necessary . . . . . . . . . . 4 3 Officers so appointed to be deemed sheriff’s officers . . . . . . . . . . . . . . . . . . 4 4 Persons aggrieved by acts of officers may sue the sheriff by that name and not personally —mode of payment of damages recovered . . . . . 4 Power to appoint person to execute process where sheriff ought not to execute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Power to appoint special bailiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Action of debt not to lie on escape of debtor . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Duties and status of Northern Sheriff defined . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Sheriff and officers personally accountable for their own acts or defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 10 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 7 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 s5 3 Sheriff’s Act 1875 s6 SHERIFF’S ACT 1875 [as amended by all amendments that commenced on or before 17 January 1995] An Act to provide for the more speedy and effectual execution of the process of the Supreme Court Governor may appoint high bailiffs or bailiffs when necessary ˙ 2. 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 recognisance of himself or herself and 2 responsible sureties and 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 the person’s office and for the due payment by the person to the sheriff or as the sheriff shall direct of all moneys which shall come to the person’s hands in the execution of the duties of the person’s office. Officers so appointed to be deemed sheriff’s officers ˙ 3. 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 herself or the person’s deputies to execute all lawful orders and precepts of the sheriff directed to the person and shall in all respects have and perform the same duties as have been heretofore performed by the officers of the sheriff appointed under the sheriff’s hand and seal. Persons aggrieved by acts of officers may sue the sheriff by that name and not personally —mode of payment of damages recovered ˙ 4.(1) 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 s5 4 Sheriff’s Act 1875 s6 action. (2) However, every such action brought against the sheriff shall be brought against the sheriff by the name of ‘The Sheriff of Queensland’ and not by the sheriff’s 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 Fund. Power to appoint person to execute process where sheriff ought not to execute ˙ 5. 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 the sheriff 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. Power to appoint special bailiff ˙ 6.(1) Whenever the process of the court is to be executed in a remote part of the State 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. (2) 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 the person that he or she 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 the sheriff or the sheriff’s officers. (3) However, 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 s7 5 Sheriff’s Act 1875 s8 person on whose behalf such process was issued. Action of debt not to lie on escape of debtor ˙ 7. 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 or her. Duties and status of Northern Sheriff defined ˙ 8. 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 1874 and as to the powers and authorities of the sheriff appointed under the said last mentioned Act (the “Northern Sheriff”). Be it enacted and declared as follows— (a) the sheriff appointed or to be appointed under the Supreme Court Act 1867 shall be deemed to have and to have had jurisdiction and authority throughout the whole State; (b) 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 order warrants precepts commands and process of the said court which shall have to be executed within the aforesaid district; (c) 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; (d) 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; (e) the Sheriff of Queensland shall not be personally accountable for any acts or defaults of the Northern Sheriff. s9 6 Sheriff’s Act 1875 s 10 Sheriff and officers personally accountable for their own acts or defaults ˙ 9. Notwithstanding anything hereinbefore contained every sheriff bailiff and other officer of the sheriff shall be accountable for his or her own acts and defaults in the same manner and to the same extent as heretofore. Short title ˙ 10. This Act shall be styled and may be cited as the Sheriff’s Act 1875. 7 Sheriff’s Act 1875 † 1 ´ ENDNOTES Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 ´ Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 17 January 1995. Future amendments of the Sheriff’s Act 1875 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ List of legislation Sheriff’s Act 1875 39 Vic No. 3 date of assent 13 July 1875 commenced on date of assent as amended by— Acts Citation Act 1903 (previously Acts Shortening Act Amendment Act 1903) 3 Edw 7 No. 10 s 10 Sch 3 date of assent 13 November 1903 commenced on date of assent Statute Law Revision Act 1908 8 Edw 7 No. 18 s 2 Sch 1 date of assent 23 December 1908 commenced on date of assent 8 Sheriff’s Act 1875 4 List of annotations ´ Key to abbreviations in list of annotations amd Ch def Div exp hdg ins om prec pres prev (prev) prov Pt RA renum Sdiv sub = = = = = = = = = = = = = = = = = = amended Chapter definition Division expires/expired heading inserted omitted preceding present previous previously provision Part Reprints Act 1992 renumbered Subdivision substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Preamble om 1908 8 Edw 7 No. 18 s 2 Sch 1 Repeal of sections 47 and 50 of 31 Vic. No. 23 and so much of section 43 as makes sheriff accountable for the acts of his officers s1 om 1908 8 Edw 7 No. 18 s 2 Sch 1 5 ´ Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision Colonial Treasurer Treasurer colony State Consolidated Revenue Consolidated Fund see Commonwealth Constitution see Commonwealth Constitution Financial Administration and Audit Act 1977 s 112 9 Sheriff’s Act 1875 6 ´ Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 4, 1st sentence 4, proviso 6, 1st sentence 6, 2nd sentence 6, proviso 8(1) 8(2) 8(3) 8(4) 8(5) 4(1) 4(2) 6(1) 6(2) 6(3) 8(a) 8(b) 8(c) 8(d) 8(e)