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s 19

Duty of outgoing sheriff to turn over process and detainees to incoming sheriff

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19 Duty of outgoing sheriff to turn over process and detainees to incoming sheriff

(1)

An outgoing sheriff:

(a) shall, on ceasing to be sheriff, make out and deliver to the incoming sheriff a correct list and account of:

(i)

all persons who are then in the sheriff's custody;

(ii) all processes directed to him by the Court but not wholly executed by him; and

(iii) all other matters in which duties imposed upon him by rules of court, the direction of the Court or a Judge or this Act are not wholly performed by him,

with such particulars as are necessary to explain to the incoming sheriff the several matters intended by the outgoing sheriff to be transferred to the incoming sheriff; and

(b) shall thereupon transfer to the custody of the incoming sheriff the persons, processes and matters specified in paragraph (a) and all records, books and matters relating to the office of sheriff.

(2)

The incoming sheriff:

(a) shall thereupon sign and give to the outgoing sheriff a duplicate of the list and account; and

(b)

shall thereupon stand charged with:

(i)

the custody of the persons so transferred to his custody; and

(ii) the execution of the processes and the performance of the duties relating to the matters contained in the list and account.

(3) A duplicate of the list and account, signed and given in accordance with subsection (2) shall be a good and sufficient discharge to the outgoing sheriff of and from:

(a)

the custody of the persons; and

(b) the execution of the processes and the performance of the duties relating to the matters contained in the list and account.

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