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)