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These Regulations may be cited as the Sheriff Regulations 1967.
Where the sheriff intends to put up for sale any property taken in execution, he shall cause notice of the time and place and particulars of the property to be given at least 14 days prior to the date of the intended sale in such manner as appears to him best calculated to give publicity to such sale.
The sheriff shall cause any property taken in execution to be sold at the place of levy, or elsewhere, as he deems most advantageous.
(1) Unless the Court or a Judge otherwise directs, all property real or personal taken in execution shall be offered for sale by the sheriff by public auction, and, unless directed as aforesaid, shall not be offered for sale in any house or premises licensed for the sale of liquor or licensed for racing or wagering.
The property may be sold in one lot or in several lots.
(3) Unless the Court or a Judge otherwise directs, every sale shall be for cash on delivery, conveyance, assignment or transfer.
(4) Subject to subregulation (5), a sale shall be of the estate, right, title or interest only of the party against whom the warrant of execution has been issued in the chattels or land put up for sale.
(5) With the consent in writing of any other person having any estate, right, title, or interest in the chattels or land, the sale may be also of the estate, right, title or interest of that other person if:
(a) the sheriff is of opinion that such a course is desirable in order to obtain a more satisfactory sale under the warrant; and
(b) that other person and the judgment creditor and the judgment debtor have agreed in writing upon the proportion in which the net proceeds of the sale are to be divided.
In a case not within section 93 of the Bankruptcy Act
1924-1965 when the sheriff, by virtue of any warrant directed to him, receives any moneys, he shall pay them on demand to the party entitled to receive them, or that party's legal practitioner, deducting from the moneys all lawful charges, whether the warrant is then returnable or not, unless he has received notice to retain the moneys from some person claiming to be interested in them.
Where the sheriff has, by virtue of any warrant directed to him, received any moneys, and any person claiming to be interested in them has served on the sheriff a notice requiring him not to pay them over, the sheriff may retain the moneys in his hands, to abide the order of the Court or a Judge thereon.
The sheriff may, at the expiration of 4 days next after service of such a notice on him, pay over such moneys in pursuance of the warrant, unless in the meantime application is made by the party giving the notice to the Court or a Judge, and notice thereof is served on the sheriff.
The sheriff shall not suspend the execution of any warrant or process directed to him, except upon an absolute order in writing to that effect lodged with him by the person entitled to the benefit of the execution, or that person's legal practitioner.
Any such person may at any time afterwards withdraw such an order, and lodge with the sheriff a written instruction to execute the warrant or process.
If a person is arrested by the sheriff on any civil process of the
Court, the person must be lodged in the custodial correctional facility (as defined in section 11(1)(a) of the Correctional
Services Act 2014) nearest to the place of the person's arrest, and, subject to any order by the Court or a Judge, the person must be detained there until discharged in due course of law.
The sheriff shall, if requested so to do by any party or that party's legal practitioner, serve or cause to be served in the
Northern Territory any writ, notice, order, summons or other document issued, made or prepared in or in relation to any cause or matter in respect of which personal service is required by law or by the practice of the Court.
Such a request shall be in writing and shall contain the instructions for service.
The service of such a document may be proved by the affidavit of the sheriff or officer of the sheriff effecting service, and no subpoena to compel the attendance of the sheriff or officer in respect of any matter arising out of the service shall be issued except by leave of a Judge or an Associate Judge, which may be obtained ex parte.
Where process is directed to any fit person appointed by the Court or a Judge pursuant to section 12 of the Sheriff Act 1962, the fees payable in ordinary cases to the sheriff by the person against whom the process is sued out shall be due and payable to the person suing out such process, except the fees for registering the warrant and returning it.
The amount of any fees or charges payable to the sheriff shall be taxed by an Associate Judge in case the sheriff and the person liable to pay the fees or charges differ as to that amount.
Where property taken in execution is sold through an auctioneer or agent, the gross proceeds of the sale shall, if the sheriff so requires, be paid over to him by the auctioneer or agent, and the sheriff shall after receiving them, or, in case the sheriff and the person liable to pay the fees and charges payable to the sheriff in respect of the execution differ as to the amount of the fees and charges, after the fees and charges have been taxed, pay to the auctioneer or agent the proper charges and expenses due to him in connection with the sale.