Tasmanian Consolidated Acts

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CIVIL PROCESS ACT 1839 - SECT 1

Extension of Sheriff's powers under fieri facias
It shall be lawful for the Sheriff or other officer to whom any writ of fieri facias against lands and chattels shall be issued to seize, attach, or take in execution under such writ property, both real and personal, of every nature and kind, and every right, title, or interest of any kind whatsoever in or to the same or any part thereof in whose hands soever any such property shall then be, and whether such property, title, or interest shall be legal or equitable, or the same or any part thereof shall be moneys or bank shares or other such interest or shall be of the nature of a "chose in action" only, and to cause all such property to be sold under such writ as in ordinary cases. Provided always that, in the case of any such "chose in action" , no actual seizure shall be essential, but the same may be attached by notice given to the parties or party therein interested, and every person liable upon or under such "chose in action" shall, after receipt of any such notice, become liable in the same manner and to the same extent to the Sheriff by virtue of such attachment under such writ. Provided also that nothing in this section shall be construed to authorize the Sheriff's taking in execution any implement of trade or any deed or writing not being in fact in its nature saleable or convertible into money or given as a security for money or to authorize any search which is not now by law authorized, whether of the person or otherwise.



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