1154
Protection to Sheriff, &c., acting under
such direction.
Proviso
Costs of actions against Sheriff, &c.
[See 10 of 1867, 76.3
Limitation of actions, notice,
See 10 of 1867, 70.1
Stamp duties in lieu of Sheriff's
Allowances for disbursements.
Instruments to be void unless properly stamped
ORDINANCE No. 1 OF 1873.
Sheriff.
form contained in the first schedule to this Ordinance, or as nearly so as the circumstances of the case permit.
8. If any action be brought against the Sheriff for any act done or omitted to be done by him in pursuance of any order made or given under the last preceding section, the proof of the facts stated in the petition filed and of the order or orders made thereon shall be a sufficient answer to such action, and the defendant on such proof as aforesaid shall be entitled to a verdict or judgment in his favor, and also to his full costs of suit: Provided always that if it shall be shown in any such action that the defendant has wilfully misrepresented or suppressed any material fact in the petition filed, he shall not be entitled to the protection of this section.
9. Whenever any action shall be brought against the Sheriff or any of his bailiffs or officers, for any act done or omitted to be done in the execution of their duties, and a verdict or judgment shall be given for the plaintiff in such action, the plaintiff shall not have costs against the defendant, unless the Judge certifies his approval of the action and verdict, or where the trial is had without a jury, of the action only.
If a verdict or judgment is given for the defendant or the plaintiff non-suit or discontinues the action after issue joined or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.
10. No such action shall be brought except within three months after the act of commission or omission complained of.
Notice in writing of every such action and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the action.
The plaintiff shall not recover if tender of sufficient amends is made before action brought or if after action brought a sufficient sum of money is paid into Court by or on behalf of the defendant, and the defendant undertakes to pay costs when taxed.
11. From and after the commencement of this Ordinance no fees shall be payable to the Sheriff, but in lieu thereof the stamp duties specified in the second schedule to this Ordinance are hereby imposed and shall be payable by the parties who but for the passing of this Ordinance would be liable to the payment of Sheriff's fees in respect of the same matters; and the Sheriff shall be remunerated in manner hereinafter mentioned.
12. Allowances in respect of disbursements by the Sheriff in the execution of the duties of his office shall be paid in accordance with the scale contained in the third schedule to this Ordinance; and the party at whose instance the Sheriff shall execute such duties, shall be primarily liable to the payment thereof.
13. No warrant or other authority in writing addressed to the Sheriff for the performance of any act or duty relating to his office shall have any force or effect, and the Sheriff shall not receive or execute or act upon the same unless it shall bear an impressed or adhesive stamp of the amount indicated in the second schedule to this Ordinance to be proper for such instrument, or for the performance of such act or duty; and in cases where the Sheriff shall be called upon to perform any act or duty