QLDIn ForceAct
District Court of Queensland Act 1967
sec.46Bailiff answerable for escape and neglect to levy execution
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### sec.46 Bailiff answerable for escape and neglect to levy execution
If a bailiff who is directed to levy execution loses by neglect, connivance, or omission, the opportunity of levying the execution, a judge may, upon complaint of the party aggrieved, inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the same manner in which the attendance of witnesses in an action may be enforced, and may order the bailiff to pay such damages as it appears that the plaintiff has sustained, not exceeding in any case the sum of money for which the execution was issued, and the bailiff shall be liable to pay the same.
Upon demand made, and on the bailiff’s refusal to pay and satisfy the damages, payment may be enforced in the manner provided by this Act.
(sec.46-ssec.1) If a bailiff who is directed to levy execution loses by neglect, connivance, or omission, the opportunity of levying the execution, a judge may, upon complaint of the party aggrieved, inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the same manner in which the attendance of witnesses in an action may be enforced, and may order the bailiff to pay such damages as it appears that the plaintiff has sustained, not exceeding in any case the sum of money for which the execution was issued, and the bailiff shall be liable to pay the same.
(sec.46-ssec.2) Upon demand made, and on the bailiff’s refusal to pay and satisfy the damages, payment may be enforced in the manner provided by this Act.