SHERIFF ACT 1900 - As at 24 June 2005 - Act 16 of 1900 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Act 2. Repeal and savings PART 2 - THE SHERIFF 3. Tenure of office 4. Bond by sheriff for due execution of office 5. Enforcement of bond 6. Limitation of liability of surety 7. Monthly return of fines 8. Sheriff or deputy to attend Courts 8A. Sheriff may effect service 9. Fees PART 3 - SPECIAL BAILIFFS 10. Direction of process to person other than the sheriff 11. Fees 12. Sheriff relieved from responsibility PART 4 - SUPPLEMENTARY 13. Impersonation of sheriff or sheriff’s officers 14. Proceedings for an offence 15–17. (Repealed) Schedule SHERIFF ACT 1900 - LONG TITLE An Act to consolidate the enactments relating to the office of Sheriff. SHERIFF ACT 1900 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Sheriff Act 1900. SHERIFF ACT 1900 - SECT 2 Repeal and savings 2 Repeal and savings (1) The Acts mentioned in the Schedule to this Act are to the extent therein expressed hereby repealed. (2) Every person appointed under any enactment hereby repealed and holding office at the time of the passing of this Act shall be deemed to have been appointed hereunder. (3) Every bond and recognisance entered into under any enactment hereby repealed and in force at the time of the passing of this Act shall be deemed to have been entered into hereunder. (4) Every scale of fees fixed under any enactment hereby repealed and in force at the time of the passing of this Act shall be deemed to have been fixed hereunder. SHERIFF ACT 1900 - SECT 3 Tenure of office 3 Tenure of office The office of sheriff shall be holden during pleasure. SHERIFF ACT 1900 - SECT 4 Bond by sheriff for due execution of office 4 Bond by sheriff for due execution of office The sheriff shall from time to time procure and give such security by bond or recognisance to Her Majesty, personally and by such sureties and in such reasonable sum or sums respectively as Her Majesty may require, conditioned for the collection and for the payment over by him or her to the Colonial Treasurer of all moneys which shall come to his or her hands by virtue of his or her office of sheriff and which should be paid over to the said Treasurer. SHERIFF ACT 1900 - SECT 5 Enforcement of bond 5 Enforcement of bond In case of non-payment, Her Majesty may put the said bond or recognisance in suit and enforce the same by extent as in any ordinary case of debt by recognisance due to the Crown. SHERIFF ACT 1900 - SECT 6 Limitation of liability of surety 6 Limitation of liability of surety (1) No surety for the sheriff shall be liable beyond the separate amount in which the surety has become bound for himself or herself. (2) Every such surety may withdraw from any liability for the future under any such bond or recognisance by giving to the Attorney General three months’ notice in writing of the intended withdrawal, without prejudice nevertheless to any previous breach of the condition of such bond or recognisance. SHERIFF ACT 1900 - SECT 7 Monthly return of fines 7 Monthly return of fines (1) On the first Monday in every month a return shall be made by the sheriff to the Governor of all fines which during the preceding month the sheriff has been ordered by the Supreme Court to collect, or which it may otherwise be the sheriff’s duty to collect. (2) Such return shall show: (a) whether such fines have been collected or not, and (b) the whole amount which at the time of making the return remains due to the sheriff on account of fines, with the name of the party or parties from whom such amount is owing. SHERIFF ACT 1900 - SECT 8 Sheriff or deputy to attend Courts 8 Sheriff or deputy to attend Courts The sheriff shall personally or by a deputy be in attendance upon the Supreme Court, and the District Court during every sitting of the said Courts; and in every case of non-attendance upon any of the said Courts shall be liable to a fine not exceeding 1 penalty unit to be summarily imposed at the discretion of such Court for such non-attendance. SHERIFF ACT 1900 - SECT 8A Sheriff may effect service 8A Sheriff may effect service The sheriff or any of the sheriff’s officers may serve any judgment, order, pleading, affidavit, notice or other document in any proceedings in the Supreme Court. SHERIFF ACT 1900 - SECT 9 Fees 9 Fees The Governor may, from time to time, fix the scale of fees to be chargeable in the sheriff’s office in respect of all matters pending at any time in the Supreme Court. SHERIFF ACT 1900 - SECT 10 Direction of process to person other than the sheriff 10 Direction of process to person other than the sheriff In all cases where, notwithstanding the direction of any process of the Supreme Court to the sheriff, the said Court is by clause thirteen of the Charter of Justice required to direct by what person and in what manner such process shall be executed, the process may if the said Court sees fit, be directed to such person instead of to the sheriff. SHERIFF ACT 1900 - SECT 11 Fees 11 Fees In any case where the Supreme Court: (a) pursuant to clause twelve of the Charter of Justice, nominates and appoints some person other than the sheriff as the person to whom the process of the said Court shall be directed, or (b) pursuant to clause thirteen of the Charter of Justice, notwithstanding the direction of any process of the said Court to the sheriff, directs by what person and in what manner such process shall be executed, or (c) pursuant to section ten of this Act directs process to a person other than the sheriff, the fees paid in ordinary cases to the sheriff by the person against whom such process is sued out shall be due and payable to the person suing out such process, except the fees for registering the warrant and returning the same. SHERIFF ACT 1900 - SECT 12 Sheriff relieved from responsibility 12 Sheriff relieved from responsibility In any of the cases mentioned in section eleven of this Act the sheriff, although the process may be in fact directed to the sheriff, shall not be responsible for any act done under or in respect of such process or by colour thereof; but the person aggrieved by any such act shall have the same remedy and right of action against: (a) the person to whom the process was directed, or the person appointed to execute the same, as the case may be, or (b) the person suing out the process, or (c) both such persons, separately or jointly, as the person aggrieved would have had against the sheriff if such process had been directed to that officer and the act complained of had been done by that officer. SHERIFF ACT 1900 - SECT 13 Impersonation of sheriff or sheriff’s officers 13 Impersonation of sheriff or sheriff’s officers A person shall not impersonate the sheriff or an officer of the sheriff. Maximum penalty: 5 penalty units. SHERIFF ACT 1900 - SECT 14 Proceedings for an offence 14 Proceedings for an offence Proceedings for an offence against this Act shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone. SHERIFF ACT 1900 - SCHEDULE _____________________________________________________________________________ |_____________________________________________________________________________| | |An Act to make further | | | |provision for the trial of | | | |cases in the Circuit Court of | | |5 Vic No 4 |New South Wales, and to amend |Section 11. | | |in certain respects the Act | | | |providing for trial by jury in | | |_____________________________________________________________________________| | |An Act for regulating the |All the unrepealed part, except| |7 Vic No 13 |appointment and duties of |sections 3 and 7. | |_____________________________________________________________________________| | |An Act to consolidate and amend|Part of section 37 down to and | |11 Vic No 20 |the laws relative to jurors and|including the words “such | |_____________________________________________________________________________| |_____________________________________________________________________________| SHERIFF ACT 1900 - NOTES Does not include amendments by: Civil Procedure Act 2005 No 28, Sch 5.43 (not commenced — to commence on the commencement of sec 18 of that Act) SHERIFF ACT 1900 - NOTES Note: The Act is to be repealed on the commencement of sec 17 (1) of the Sheriff Act 2005 No 6 (to commence on 1.7.2005). SHERIFF ACT 1900 - NOTES Reprint history (since 1972): Reprint No x 14 March 1996 SHERIFF ACT 1900 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| See also Imperial Acts Application Act 1969, sec 40. Table of amending instrumentsSheriff Act 1900 No 16. Assented to 22.9.1900. This Act has been amended as follows: ____________________________________________________________________________ | | |Supreme Court Procedure Act 1957. Assented to 8.4.1957. | |1957|No 13| | |____________________________________________________________________________| | | |Decimal Currency Act | | | |1965. Assented to 20.12.1965. | |1965|No 33| | | | |Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and | | | |the Currency Act | |____________________________________________________________________________| | | |Supreme Court Act | | | |1970. Assented to 14.10.1970. | | | | | |1970|No 52|Date of commencement, Part 9 excepted, 1.7.1972, sec 2 (1) and GG| | | |No 59 of 2.6.1972, p 2018. Amended by Supreme Court (Amendment) | | | |Act 1972 No | |____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1986. Assented to | |1986|No 16|1.5.1986. | | | | | |____________________________________________________________________________| | | |Statute Law (Penalties) Act 1993. Assented to 15.6.1993. | |1993|No 47| | |____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act (No 2) | |1994|No 95|1994. Assented to 12.12.1994. | | | | | |____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1999. Assented to | |1999|No 31|7.7.1999. | | | | | |____________________________________________________________________________| Table of amendmentsNo reference is made to certain amendments made by the Decimal Currency Act 1965, sec 4 (2), and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1994. _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 8 |Am 1970 No 52, Second Sch; 1993 No 47, Sch 1; 1999 No 31, Sch| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 13 |Rep 1957 No 13, First Sch. Ins 1986 No 16, Sch 14 (5). Am | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________|