DISTRICT COURT OF QUEENSLAND ACT 1967 - SECT 46
Bailiff answerable for escape and neglect to levy execution
DISTRICT COURT OF QUEENSLAND ACT 1967 - SECT 46
Bailiff answerable for escape and neglect to levy execution
46 Bailiff answerable for escape and neglect to levy execution
(1) If a bailiff who is directed to levy execution loses by neglect,
connivance, or omission, the opportunity of levying the execution, a judge
may, upon complaint of the party aggrieved, inquire into the matter in a
summary way, and for that purpose may summon and enforce the attendance of the
necessary parties in the same manner in which the attendance of witnesses in
an action may be enforced, and may order the bailiff to pay such damages as it
appears that the plaintiff has sustained, not exceeding in any case the sum of
money for which the execution was issued, and the bailiff shall be liable to
pay the same.
(2) Upon demand made, and on the bailiff’s refusal to pay and
satisfy the damages, payment may be enforced in the manner provided by this
Act.
