SHERIFF'S OFFICE ORDINANCE. An Ordinance to regulate the appointment and the duties of Sheriffs in the colony of New Zealand. (Passed the 12th day of October, 1846.)

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 153, 16 January 1847, Page 3

SHERIFF'S OFFICE ORDINANCE. An Ordinance to regulate the appointment and the duties of Sheriffs in the colony of New Zealand. (Passed the 12th day of October, 1846.)

WHEREAS, by an Ordinance enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, Session 3, No. 1, intitutled "An Ordinance for establishing a Supreme Court," provision is made for the appointment and duties of Sheriffs : and it is expedient that further provision be made for that purpose. Be it therefore enacted by the Lieutenant-Go-vernor oi New Zealand, with the ailvice and consent of the Legislative Council thereof, as follows : 1. So much of the said Ordinance as relates to the appointment and duties of Sheriffs, (that is to say), the sections 18, 19, 20, and 21, shall be, and the same are hereby, repealed. 2. It shall be lawful for his Excellency the Governor, from time to time, by warrant under his hand, to appoint provisionally, subject to her Majesty's confirmation, fit persons to be Sheriffs of the several counties or districts (as tie case may be) of the colony. All persons now acting as Sheriffs, or to be appointed by virtue hereof, shall hold their offices during pleasure. ! 3. It shall also be lawful for his Excellency ' the Governor to define the districts within which the jurisdiction of the Sheriffs shall respectively be exercised, and the limits of such districts from time to timetalter, as occasion may require. 4. Each Sheriff shall, upon his appointment, take an oath before a judge of the Supreme Court, or some person specially appointed by such judge, in the following form, faithfully to execute the duties of his office. I, A. 8., do swear that I will truly and faithfully, and to the best and utmost of my skill, and knowledge, discharge the duties of Sheriff of the district of , without fear, favour, or malice. So help me God. 5. Each Sheriff shall, from time to time, give security for good behaviour in his office by bond to her Majesty and her successors, by himself and such sureties, and in such reasonable sum or sums respectively, as her Majesty or her successors may think fit to require. 6. — JEvery such surety may be withdrawn from any liability for the future under any such bond, by giving to the Attorney General for New Zealand three calendar month's notice of his intended withdrawal, without prejudice

nevertheless to any previous breach of the condition of such bond. 7. Each Sheriff shall have such powers and privileges only, and such duties and responsibilities only, as a Sheriff by law hath, or is liable to, in England as a Ministerial Officer of one of her Majesty's Courts at Westminster. Provided, that no Sheriff shall be in any way concerned in any suit in any court, either as Barrister, Solicitor, or Agent. 8. Whenever any process shall issue which, the Sheriff ought not by law to execute, the Supreme Court shall authorise some other fit person to execute the same ; and in every such, case the cause of such special proceeding shall be entered upon the Records of the Court. 9. Every Sheriff shall have the charge and superintendence of the gaols, and the custody of all imprisoned debtors and criminals within his district. Provided, that he shall- not be liable to answer for the escape of any criminal imprisoned within the walls of any authorised gaol or house of correction, unless such escape shall happen by, or through, his wilful neglect or default. 1 0. — If any debtor in execution shall escape out of legal custody, the Sheriff, Bailiff, or other person having the custody of such debtor, shall be liable only to an action for damages sustained by the person or persons at whose suit such debtor was taken or imprisoned, and shall not be liable to any action of debt in consequence of such escape. 11. On the first Monday in every month, each Sheriff shall make a return to the Colonial Treasurer, or Treasurer of the district, of all fines which during the preceding month he may have been ordered by any judge of the Supreme Court to collect, or which it may otherwise be his duty to collect. Such return shall show whether such fines have been collected or not, and shall also show the whole amount which may at the time of making the return remain due Co the Sheriff on account of fines, and the names of the parties from whom such amount may be owing. 12. For the purpose of this Ordinance, the word " Governor" shall be taken to include the " Lieutenant-Governor," or the " Officer Administering the Government' 1 of the colony for the time being.