Persons not or a Judge for any rule or order to set aside any such writ or to discharge the defendant from custody thereunder or to cancel any bail bond given thereunder or otherwise in relation to or connected with such writ or anything done thereunder may be adjudged or ordered to be paid to the defendant. (2) Provided always that the amount for which such bond shall be given shall in no case exceed the sum of four hundred pounds. (3) The commissioner shall forthwith transmit such bond to the prothonotary of the Court, who shall, upon demand, deliver such bond to the defendant or any one applying for the same on his behalf. 19. It shall not be necessary for any order to be made to warrant the issuing of any writ of capias under this Part; but the commissioner shall by `memorandum thereon under his hand certify on whose application and on what affidavit or affidavits and when it was issued, and the amount for which the defendant is to be arrested or held to bail thereunder, in the form or to the effect following: day of This writ was issued this each affidavit if more than one]. And the defendant C D 20. (1) Every writ of capias issued under this Part shall instead of being directed to the sheriff be directed to some person to be specially named by the plaintiff as a bailiff to execute the same. (2) Such bailiff shall have all the authority thereunder which the sheriff has under an ordinary writ of capias issued out of the Court at Sydney directed to him, save only that such bailiff shall not have power to appoint a deputy to execute the same, but shall execute it personally with such assistant or assistants (if any) as he may require in that behalf. 21. (1) No person shall be bound to accept the office of or bound to act as to act as a bailiff under any writ issued in pursuance of this Part unless he consents or agrees so to do. bailiffs without first agreeing. Ibid. s. 5. Form of writs: (2) Every person who consents or agrees so to do shall be bound to act as such bailiff under the writ directed to him until his whole duty as such bailiff under such writ is fully performed. 22. Every writ of summons and of capias issued under this Part shall be issued under the signature and seal of the commissioner issuing the same, but in all other respects (except where other provision is hereby made) shall be in the same form and shall have all such notices and endorsements thereon respectively as are required in respect of ordinary writs of summons and of capias issued out of the Court at Sydney. See R. 217 (post). S. 22. 23. It shall not be requisite to file or deliver any præcipe for No præcipe or in respect of any writ of summons or of capias issued under this Part. required. s. 7. commencement 24. Every writ of summons issued under this Part shall be summons to be the commencement of an action in the Court by the plaintiff cance against the defendant. Ibid. Supreme Court 25. The commissioner upon issuing any such writ of sum- Copy of writs to mons or capias shall forthwith transmit copies thereof and of be sent to every endorsement thereon and the original affidavits upon which Office. any such writ of capias was issued by him to the office of the prothonotary of the Court to be there filed and kept. Ibid. fees. Ibid. s. 8. 26. The commissioner shall be entitled to receive and Commissioner's retain for his own use for issuing any writ of summons under this Part the sum of five shillings, and for issuing any writ of capias the sum of one pound, and to no other fees, payment, or remuneration whatsoever. 27. Every plaintiff issuing or obtaining any such writ of Plaintiff's costs: summons or of capias shall be entitled to the same costs thereupon Ibid. as he would be entitled to upon issuing or obtaining a similar writ out of the Court at Sydney in the ordinary way. commissioner of corruption. 28. No action shall lie against the commissioner for issuing No action any writ of capias under this Part unless the plaintiff in such agains action shall allege and prove that the commissioner knowingly except in case and wilfully issued the same without reasonable proof being given Ibid. s. 9. to him to warrant the issuing thereof and also that in issuing the same he acted corruptly. capias. bailiffs. 29. Every bailiff to whom a writ of capias issued under Bailiffs to this part is directed, and who consents and agrees to act as such return writs of bailiff to execute the same, shall make a due return thereto to the Ibid. s. 10. Court in like manner as the sheriff is bound to make a return to an ordinary writ of capias issued out of the Court at Sydney directed Liabilities of to him, and shall be subject to attachment and action in respect of the execution of such writ or incident thereto, and to an action at the suit of the plaintiff or defendant for any wrongful act or omission by him in or about the execution of such writ and incident thereto, in like manner as the sheriff is liable under the same circumstances in respect of an ordinary writ of capias issued out of the Court at Sydney and directed to him. bail. Ibid: s: 11: 30. (1) The bailiff, acting under any writ of capias issued Bailiffs to take under this Part shall have authority and shall be bound to take bail by bond of the defendant and sureties to himself for the appearance and rendering of the body of the defendant according to the exigency of such writ and the practice of the said Court of the 13 C.L. P.A. S. 30. Release of defendant thereon. Bail bond assignable. Bailiffs to take deposit in lieu of bail. s. 12. same kind and in like manner in all respects as the sheriff is bound to take bail from a defendant arrested under an ordinary writ of capias issued out of the Court at Sydney directed to himself. (2) Such bailiff upon such bail bond being entered into and given to him shall release the defendant from his custody under such writ. (3) Every such bail bond shall be assignable by such bailiff to the plaintiff, and such bailiff upon being required so to do shall assign the same to the plaintiff, and the plaintiff upon such assignment thereof may sue thereon in like manner in all respects as if it were an ordinary bail bond to the sheriff. 31. (1) The bailiff acting under any writ of capias issued under this Part shall be bound to receive from the defendant as a 24 Vic. No. 14, deposit in lieu of bail the amount for which he is to be arrested or held to bail thereunder and the sum of ten pounds for costs in like manner as the sheriff is bound to do under an ordinary writ of capias issued out of the Court at Sydney directed to and executed by him. Release of defendant thereon. Bailiff's fees. Plaintiff and bailiff to be jointly and (2) Upon receipt of such deposit such bailiff shall release the defendant from his custody under such writ, and shall forthwith pay or cause to be paid over to the prothonotary of the Court the money so deposited by such defendant as aforesaid, to be held and disposed of by such prothonotary according to law. 32. Every bailiff serving any writ of summons or executing any writ of capias issued under this Part shall be entitled to the same fees, mileage, and other remuneration for everything done by him as such bailiff under the provisions of this Act as the sheriff and his bailiff are, or is, or may be entitled to for the same or similar acts done by them or either of them in serving or executing or otherwise in relation to any ordinary writ of summons or of capias issued out of the Court at Sydney or taking bail thereunder, and to no other payment or remuneration whatever. 33. Every plaintiff obtaining any such writ of capias under this Part, and the bailiff to whom the same is directed, shall be severally liable jointly and severally liable to the defendant for any wrongful act or omission by such bailiff in or about the execution of such writ or incident thereto. for misfeasance of bailiff. Ibid. s. 14. Proceedings in commenced by 34. All proceedings in any action commenced by any writ of summons and under any writ of capias issued under the provisions of this Part shall (except as herein otherwise directed) be taken and had in like manner as if such action had been commenced by ordinary writ of summons issued out of the Court at Sydney, and the Court and any Judge thereof sha!! have all such and the same powers to set aside any writ of summons or capias issued under the provisions hereof or the service of any writ of summons, or to discharge from custody any defendant arrested under any such writ of capias, and to order any bail bond given thereunder to be cancelled, and in every other respect as such Court or Judge has or may have in case of ordinary writs of summons or capias issued out of the Court at Sydney. 35. The Judges, or any two of them, may make all such. rules as they think necessary or proper for carrying this Part of this Act into execution. S. 35. Judges to make rules. 24 Vic. No. 14, 13 Vic. No. 12 24 Vic. No. 14 37 Vic. No. 11 An Act for adopting a certain Act of Par- The whole. arrests. An Act for abolishing arrest on mesne The whole. cases in New South Wales and the de pendencies thereof. An Act to prevent the escape from the The unrepealed portion. An Act to authorise the appointment of The whole. a commissioner to issue writs of sum mons and arrest at the port of New castle. An Act to amend the law of arrest and The unrepealed portion s. 16. S. 1. CLAIMS AGAINST THE GOV ERNMENT AND CROWN SUITS ACT 1897. In his memorandum and certificate accompanying this Act when in Bill form the Commissioner for the Consolidation of the Statute Law, His Honor Judge Heydon, says This Bill consolidates two Statutes, 20 Vic. No. 3; 39 Vic. No. 38; The wording of these Statutes is old-fashioned and verbose, and has been freely but carefully altered, amended, and simplified, with a great improvement in clearness, but, it is believed, without any change of meaning." TABLE. Showing how the sections of the Acts intended to be consolidated have |