Sheriffs Act Amendment Act 1871
Sheriffs Act Amendment Act 1871
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Sheriffs Act Amendment Act 1871
Public Act |
1871 No 43 |
|
Date of assent |
14 November 1871 |
|
Contents
An Act to amend “The Sheriffs Act 1858.”
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:— —
1 Short Title.
The Short Title of this Act shall be “The Sheriffs Act Amendment Act 1871.”
2 Construction.
This Act shall be read and construed as part of “The Sheriffs Act 1858.”
3 Persons arrested by Sheriffs may be committed to prison at once. 32 Geo. II. c. 28 s. 1
Whenever any Sheriff Deputy Sheriff Bailiff or other officer shall have arrested any person under or by virtue of any action writ process or attachment whatsoever it shall be lawful for such Sheriff Deputy Sheriff Bailiff or other officer forthwith thereafter to convey carry and commit such person or cause him to be conveyed carried and committed to such gaol or prison as he might or ought to be sent to by virtue of the action writ process or attachment against him and it shall not in any such case be necessary that the person so arrested as aforesaid shall not be carried or conveyed to any gaol or prison for four-and-twenty hours from the time of such arrest any law or statute to the contrary notwithstanding.
4 Indemnity to Sheriffs &c.
No Sheriff Deputy Sheriff Bailiff or other Officer who may at any time heretofore have carried or conveyed any person to gaol or prison under and by virtue of any writ process or attachment whatsoever without waiting such period of four-and-twenty hours as aforesaid before carrying or conveying such person to gaol or prison shall be liable to any prosecution action suit or other proceeding whatsoever which has or might have arisen or accrued against any such Sheriff Deputy Sheriff Bailiff or other officer as aforesaid for or by reason of the premises nor to any costs or expenses claims or demands whatsoever in respect thereof or in relation thereto.
5 Provision in cases of vacancy in office of Sheriff.
Upon the happening of any vacancy in the office of Sheriff of any Sheriff’s District the Governor may by warrant under his hand appoint any Registrar or Deputy Registrar of the Supreme Court acting in and for the Judicial District within which such Sheriff’s District wholly or partly lies to perform the duties of Sheriff within and for such Sheriff’s District and any such Registrar or Deputy Registrar shall within and for such Sheriff’s District have perform exercise and be subject to all the powers duties responsibilities and liabilities of Sheriff of such Sheriff’s District whether such duties powers responsibilities and liabilities are created by or arise by common law or statute and in all cases where by any law or statute any writ warrant instrument or other matter or thing is to be delivered or addressed by a Registrar of the Supreme Court to a Sheriff of a Sheriff’s District or by a Sheriff of a Sheriff’s District to a Registrar of the Supreme Court then notwithstanding that such offices are held by one and the same person the like proceedings shall be had and taken as nearly as possible as if the offices were held by distinct persons.
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Versions
Sheriffs Act Amendment Act 1871
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