Victorian Consolidated Legislation

Crown Proceedings Act 1958 - SECT 7

Other debts and duties to be recoverable by Crown suit

7. Other debts and duties to be recoverable by Crown suit

When any debt duty or sum of money is due to Her Majesty otherwise than upon
or by virtue of any recognisance Her Majesty may cause to be sued out of the
Supreme Court a certain writ to be called a writ of capias ad respondendum;
and every such writ may be in the form contained in the Sixth Schedule to this
Act or to the like effect, and shall be executed by the sheriff or other
officer or person to whom the same is directed, and shall be deemed and taken
to be the commencement of a Crown suit: Provided always that it shall be
lawful for Her Majesty to order the sheriff or other officer or person to whom
such writ is directed not to arrest any one or more of the defendants but to
serve a copy thereof only on such defendant or defendants, which order shall
be duly obeyed by such sheriff or other officer or person; and such service
shall be of the same force and effect as the service of a writ in any civil
proceeding between subject and subject; and no such writ shall be issued
except upon a fiat under th e hand of the Attorney-General in the form
contained in the Seventh Schedule to this Act or to the like effect stating
the mode in which the same (so far as regards the execution or service
thereof) is to be indorsed; and before signing any such fiat the
Attorney-General shall by due inquiry in that behalf satisfy himself that such
indorsement is reasonable and proper under the circumstances of the case.