notes; securities. bank notes which shall be so seized or a sufficient part thereof; and 19 VICTORIA, may and shall hold any such cheques bills of exchange promissory No. 19. notes bonds specialties or other securities for money as a security or Sheriff to pay securities for the amount by such writ of fieri facias directed to be money and cash levied or so much thereof as shall not have been otherwise levied and raised; and may sue in the name of such sheriff or other officer and to sue on for the recovery of the sum or sums secured thereby if and when the time of payment thereof shall have arrived: And that the payment to such sheriff or other officer by the party liable on any such cheque bill of exchange promissory note bond specialty or other security with or without suit or the recovery and levying execution against the party so liable shall discharge him to the extent of such payment or of such recovery and levy in execution as the case may be from his liability on any such cheque bill of exchange promissory note bond specialty or other security: And such sheriff or other officer may and shall pay over to the party suing out such writ the money so to be recovered or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied and if after satisfaction of the amount so to be levied together with sheriff's poundage fees and expenses any surplus shall remain in the hands of such sheriff or other officer, the same shall be paid to the party against whom such writ shall be so issued. Provided that no such Indemnity to sheriff or other officer shall be bound to sue any party liable upon any such cheque bill of exchange promissory note bond specialty or other security unless the party suing out such execution shall enter into a bond with two sufficient sureties for indemnifying him from all costs and expenses to be incurred in the prosecution of such action or to which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered sheriff. in such action. And the words "houses lands and other heredita- Seizure of realty. ments and real estates in the Statute passed in the fifty-fourth 54 Geo. III. c. 15 year of the reign of His late Majesty King George the Third intituled s. 4. "An Act for the more easy recovery of debts in His Majesty's colonies See 27 Vict. No. of New South Wales" shall be deemed and taken to comprise and 213 s. 137, ante. include an equity of redemption, and also all interest to which the execution debtor is entitled in any houses lands and other hereditaments corporeal or incorporeal and real estates in Victoria and which he might according to the laws of the said colony have disposed of; and all powers vested in any such debtor which such debtor might Sheriff may legally execute for his own benefit shall be and are hereby vested in the sheriff or other officer as aforesaid to be by such sheriff or other officer executed for the benefit of the party suing out the execution. Provided always that no houses lands and other hereditaments and real estates shall be sold under any such writ until one month next(«) (a) D. sold land to K., who took possession, but obtained no conveyance. K.'s estate and interest were sold to the plaintiffs by the sheriff of the colony of Victoria, who was also sheriff of the circuit district of Sale. The sale was held in Melbourne. There was no evidence of any notice of sale, as required by this section. On bill to restrain an ejectment by D., and to have him declared a trustee for the plaintiffs-Held, that the sale was good, although made out of the bailiwick of Sale; and that, no objection as to want of notice having been taken by the answer, execute powers. due notice should be presumed.-Dreverman v. Doherty, 1 V.R. (Eq.), 4; 1 A.J.R., 7. A month's notice was given of a sheriff's sale of land, and, at a proper day, the bailiff put up the land to auction. A person bid money, and the land was knocked down to him. He beguiled the bailiff to a distance of some miles, and then paid him nothing. The bailiff returned to the land on the same day, and sold it to B. It was contended that a second month's notice of the second putting-up to auction was necessary. Held, that the notice already given was enough No. 19. 19 VICTORIA, after notice of the time and place of such sale shall have been published in the Government Gazette and in some newspaper circulating in the neighbourhood of such houses lands and other hereditaments and real estates.(a) Rules to return in bodies. R. Pr. 130 131. 292. That all rules upon the sheriff to return writs or to bring writs and bring in the bodies of defendants shall be eight-day rules; and when the rule to return a writ expires in vacation, the sheriff shall file the writ at the expiration of the rule or as soon after as the office shall be open, and the prothonotary or officer with whom it is filed shall endorse the day and hour when it was filed. Attachment for disobedience. R. Pr. 132 133. Rule on sheriff out of office. R. Pr. 134. When sheriff interested elisors 293. That no judge's order shall issue for the return of any writ or to bring in the body of a defendant; but a side-bar rule shall issue for that purpose in vacation as in term, which shall be of the same force and effect as side-bar rules made for that purpose in term; and in case a rule shall issue in vacation for the return of any writ of capias or of execution and such rule shall have been duly served but obedience shall not have been paid thereto, an attachment shall issue for disobedience of such rule whether the thing required by such rule shall or shall not have been done in the meantime. 294. That where the sheriff before his going out of office shall arrest any defendant and take a bail bond and make return of cepi corpus, he shall and may within the time allowed by law be called upon to bring in the body by a rule for that purpose, notwithstanding he may be out of office before such rule shall be granted. 348. That in all cases where by reason of the sheriff being a to be appointed. party to or interested in or affected by any cause or proceeding any writ would be now directed to or any duty would be now performed by the coroner, such writ shall be directed to and such duty shall be performed after the commencement of this Act by elisors to be appointed by the court in that behalf in the same manner to all intents and purposes as if the sheriff and coroner were respectively such parties or so interested or affected as aforesaid. Provided always that by consent of the opposite party his attorney or agent such writs and duties respectively may in all cases be directed to and be performed by the sheriff in the same manner as if he were not such party or so interested or affected as aforesaid. Limitation of sheriff. 21 Jac. I. c. 16 8.3. * Sic. 349. That all actions of trespass quare clausum fregit, all actions against actions of trespass detinue actions sur trover and replevin for taking away of goods and cattle,* all actions upon the case, and all actions of assault menace battery wounding and imprisonment, or any of them, which shall be sued or brought at any time after the commencement of this Act against the sheriff for anything done by him in the intended execution of his duty, shall be commenced and sued within the time and limitation hereinafter expressed and not after under this section, and the sale valid.-Beavan v. Chadwick, 3 W. W. & a'B. (L.), 127. The title of a purchaser to freehold sold by the sheriff, under a fi. fa., by auction, is not rendered invalid by the neglect of the sheriff to advertise the sale for one month previously, according to the provisions of this section, the words of the section being directory, and not mandatory.-Jacomb v. Goldsmith, A.R., 3 July, 1861. (a) This proviso does not apply to the sale of a term of years.-House v. O'Farrell, 6 W. W. & a'B. (L.), 98. If the requirements of this section are substantially complied with it will be sufficient.Ex parte Ross, 2 V.R. (L.), 10. No. 19. (that is to say): within twelve months after the commencement of 19 VICTORIA, this Act or within three years next after the cause of such actions and suits and not after. [The remainder of this Act repealed by 28 Vict. No. 274 s. 2, "Common Law Procedure," ante, p. 110.] An Act to further amend "The Real Property Act" and for other purposes. ВЕ [2nd June 1864.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: *Sic. But see this 23. The fourteenth section of the Act of the Governor and Repeal of 11 Vict. Legislative Council of New South Wales passed in the fourteenth* No. 33 s. 14. year of the reign of Her present Majesty intituled " An Act to regu- Act, ante, p. 2428. late the Taxation of Attorneys' Bills of Costs and the Practice of Conveyancing" shall be and the same is hereby repealed; but nothing herein contained shall prejudice or affect the rights or position of any person now entitled to practise as a certified conveyancer. conveyancer be admitted attorneys. 24. Notwithstanding any law or rule of court to the contrary certain conevery person who at the time of the commencement of "The Real veyancers may Property Act" was entitled to practise as a certificated and who then and thence continually until the first day of March One thousand eight hundred and sixty-four actually practised as such, and who at any time after the passing of this Act shall serve the full term of one year as clerk to some practising attorney or solicitor of the Supreme Court under a contract in writing duly filed or enrolled in that court, shall and may be admitted as an attorney solicitor and proctor of the said court in like manner in all other respects as if he had served as aforesaid for the full term of five years. examined not to 25. It shall not be necessary for any such conveyancer as afore- Persons already said, who previously to the passing of this Act shall have passed at be re-examined. the University of Melbourne the examination which at the time of passing the same was sufficient for the admission of attorneys solicitors and proctors of the said court, to pass any further examina 27 VICTORIA, tion either at the said University or before the Board of Examiners No. 223. for attorneys, anything herein before contained to the contrary notwithstanding. [The whole of this Act, except the above sections, repealed by 29 Vict. No. 301 s. 2, "Transfer of Land," post.] Preamble. Governor in Council may ap point an additional judge. Judge appointed to be in same judges; And to have same salary and entitled to saine pension. An Act to further amend an Act intituled "An Act to make provision for the better administration of Justice in the Colony of Victoria." [17th December 1872.] WHEREAS by "The Constitution Statute" provision is made for the salaries of the Chief Justice and three Puisne Judges of the Supreme Court: And whereas it is expedient to make provision for the appointment of a fifth judge of the said court: Be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. The Governor in Council may appoint a fit and proper person qualified as mentioned in the said Act passed in the fifteenth year of Her Majesty and intituled "An Act to make provision for the better Administration of Justice in the Colony of Victoria" to be a judge of the Supreme Court in addition to the number of judges authorized to be appointed by the said Act and by the Act passed in the nineteenth year of Her Majesty's reign for amending the same. 2. Every person appointed a judge under the authority of this position as other Act shall hold office upon and be subject to the same terms and conditions and shall possess the same powers and jurisdiction and shall be entitled to the same salary, and in the event of retirement to a pension of the same amount under any law or regulations in force in that behalf as a puisne judge appointed under the said Acts or either of them; and the salary and pension of every judge appointed under this Act shall be paid to him out of the consolidated revenue of the colony of Victoria, which is hereby appropriated for that purpose accordingly. SUPREME COURT (JUDGES' SALARIES). ANALYSIS OF CONTENTS. Salary of Chief Justice increased to £3,500 and of each Puisne Judge to £3,000. An Act to provide further for the Salaries of the MOST GRACIOUS SOVEREIGN WHE 36 VICTORIA, No. 452. HEREAS it is expedient to increase the salaries of the Judges Preamble. of the Supreme Court of the Colony of Victoria to the amounts herereinafter specified, we Your Majesty's most dutiful and loyal subjects the Legislative Assembly of Victoria in Parliament assembled do most humbly beseech Your Majesty that it may be enacted: And be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): Justice increased each Puisne Judge to £3,000. 1. The present and all future Judges of the Supreme Court Salary of Chief shall from and after the first day of January in the year of our to £3,500 and of Lord One thousand eight hundred and seventy-three be entitled in addition to such salaries as are provided by law to such further payments by way of salary as will make such salaries amount in the whole to the annual salaries following (that is to say): For the Chief Justice a salary of Three thousand five hundred pounds, and for each Puisne Judge a salary of Three thousand pounds; and such additional salaries shall be paid out of the consolidated revenue of the colony of Victoria, which is hereby appropriated for that purpose accordingly. |