Section 40 Sheriffs and Civil Process Act

Section 40 of the Sheriffs and Civil Process Act 1945 is about Liability of bailiff for neglect to levy an execution. It provides as follows:

(1) Where a bailiff, being employed to execute any process against the property or
person of a judgment debtor, loses the opportunity of executing the process by reason of neglect, connivance, or omission, any party aggrieved thereby may complain to the court issuing the process.

(2) On any such complaint the court, if the neglect, connivance or omission is proved to its satisfaction, shall order the bailiff to pay such damages as it appears that the complainant has sustained by reason thereof, not exceeding in any case the sum for which the execution issued.