Victorian Current Acts Victorian Current ActsWhen any debt duty or sum of money is due to His Majesty otherwise than upon or by virtue of any recognisance His Majesty may cause to be sued out of the Supreme Court a certain writ to be called a writ of capias ad respondendum; and every such writ may be in the form contained in the Sixth Schedule to this Act or to the like effect, and shall be executed by the sheriff or other officer or person to whom the same is directed, and shall be deemed and taken to be the commencement of a Crown suit: Provided always that it shall be lawful for His Majesty to order the sheriff or other officer or person to whom such writ is directed not to arrest any one or more of the defendants but to serve a copy thereof only on such defendant or defendants, which order shall be duly obeyed by such sheriff or other officer or person; and such service shall be of the same force and effect as the service of a writ in any civil proceeding between subject and subject; and no such writ shall be issued except upon a fiat under the hand of the Attorney-General in the form contained in the Seventh Schedule to this Act or to the like effect stating the mode in which the same (so far as regards the execution or service thereof) is to be indorsed; and before signing any such fiat the Attorney-General shall by due inquiry in that behalf satisfy himself that such indorsement is reasonable and proper under the circumstances of the case.
No. 3665 s. 8.
S. 8 amended by No. 25/2023 s. 7(Sch. 1 item 9.5).