Order 1 Judgments (Enforcement) Rules

Order 1 of the Judgments (Enforcement) Rules is about Duties of the sheriff and bailiffs. It contains the following rules:

1. Appraisers and appraisement
   (1) The sheriff may from time to time as he thinks fit appoint such number of persons for keeping possession, and such number of sworn appraisers for the purpose of valuing any property attached under process of a court, as appears to him to be necessary.
   (2) The sheriff may direct security to be taken from any appraiser or other person so appointed for such sum and in such manner as he thinks for the faithful performance of his duties without injury or oppression.
   (3) The sheriff may dismiss any appraiser or other person so appointed.
2. Sales
   Unless application is made to the court for the services of a licensed auctioneer, sales of property by auction shall be conducted by a baili ff under the supervision of a deputy sheriff.
3. Appointment of bailiff
   In the exercise of his powers under section 5 of the Act, the sheriff may appoint any person to be a paid bailiff or an unpaid bailiff.

4. Emoluments of bailiffs
   (1) A paid bailiff shall receive such salary as may be approved by the President in respect of the Federal Capital Territory, Abuja and by the Governor in respect of each State of the Federation.
   (2) For the service of any document, for personal arrest, for the execution of a writ against property, and for the man in possession an unpaid bailiff shall be entitled to be paid the fees prescribed for such services and also any fee paid for mileage in respect of the service rendered by him.
   (3) The fees payable to a bailiff as certified by a registrar on Form 28 shall be paid to the bailiff on a voucher classified against the appropriate expenditure item and not otherwise.
   [Form 28.]
   (4) Except as aforesaid, a bailiff shall not receive or demand any fee, reward, mileage money, subsistence or other allowance for any service rendered by him as a bailiff.
   (5) Where any service mentioned in paragraph (2) of this rule is rendered by a paid bailiff, the fee in respect of such service shall be paid into the Consolidated Revenue Fund.

5. Receipts to be given by bailiff
   (1) Every bailiff shall be furnished with two receipt books, one to be used in each alternate month. Every such receipt book shall be in the form of Treasury Receipt Book
   No.6A.
   (2) Whenever any bailiff shall receive any money by virtue of his office, he shall prepare a receipt in triplicate in such receipt book entering there on-
   (a) the name and the date of the process;
   (b) the title of the proceedings in respect of which the money is received; and
   (c) the amount for which the receipt is given.
   (3) The original of such receipt shall be delivered to the person making the payment, the duplicate shall be attached to the voucher supporting payment into the Treasury and
   the triplicate shall remain in the receipt book.
6. Payment of money received to sheriff
   Every bailiff shall pay to the deputy sheriff as soon as possible and not less frequently than twice in each week and on the last working day of each calendar month all monies for the time being remaining in his hands:
   Provided that whenever the amount in hand in respect of such moneys shall exceed the sum of N SO, such amount shall be paid to the deputy sheriff at the close of the day.

7. Monthly returns of writs and money
   At the close of every month each bailiff shall make-
   (a) a full return to the deputy sheriff in Form 30 of all writs, orders, and warrants which remained in his hands not fully executed at the end of the preceding month, and of all such writs, orders, and warrants as have been entrusted to him for execution during the past month, and shall set against each such process a statement of what has been done thereunder; and
   [Form 30.]
   (b) a return in Form 31 of all moneys received by him during the month.
   [Form 31.]
8. Examination of returns and receipt books
   (1) The deputy sheriff shall thereupon examine the said returns and see that the return (Form 30) includes all process as aforesaid, and that all sums of money appearing in the return (Form 31) have been duly paid to him.
   (2) He shall also examine the counterfoils of the receipt book used by the bailiff during the past month and see that there is an entry on a counterfoil to denote that a receipt from the said book has been given for each sum acknowledged to have been received and that all sums for which receipts appear from the counterfoils to have been given have been duly entered and accounted for in the second return as aforesaid.
   (3) At the end of the examination of each return the deputy sheriff shall certify that he has examined such return in accordance with the law, and shall forward it to the sheriff.

9. To whom process is to be sent for execution
   All writs, orders, and warrants are to be delivered or sent by the proper officer of court to a deputy sheriff, and not to a bailiff in the first instance:
   Provided that writs of execution issued at the instance of the Commissioner of Income Tax may be delivered or sent to the Commissioner of Income Tax, and that writs of execution issued at the instance of the secretary of a local government council, may be delivered or sent to such secretary, and the writs of execution issued at the instance of the Director of Federal Public Works may be delivered or sent to the Director of Federal Public Works.
10. Sheriffs receipt for writ
    The receipt to be given by the sheriff under section 10 of the Act shall be in Form 32.
    [Form 32.]
11. Sheriffs register and cash book
    Every deputy sheriff shall keep a sheriffs register of process in Form 33 and also a cash book in which he shall record all receipts and payments of monies in connection with the execution of process.

12. Unexecuted process
    If any process sent to the sheriff for execution or service has not been executed or served, as the case may be, within one month from the date of receipt, the sheriff shall at the end of the first and every subsequent month during which the process remains unexecuted notify the judgment creditor and the registrar of the court from which the process was received, and also, if the process was issued from another court, the registrar of that court.
13. Return of process
    The deputy sheriff, shall as soon as possible, return the process with an account showing the amount realised, the amount due for sheriffs, bailiffs and appraiser’s fees and expenses, and the balance; and shall pay the balance into court. In case of a sale of property he shall also deliver a duly certified sale account.
14. Payment
    The balance shall be payable to the judgment creditor or other person entitled thereto, who shall give a receipt therefor.
15. Prohibition of payment to judgment creditor
    No money realised by any process is ever to be paid by the sheriff or a bailiff to the judgment creditor or to his lawyer or agent.
16. Offences by bailiffs
    Any bailiff who fails to comply with any of the provisions of these regulations shall be guilty of an offence and liable to a fine of NI 00 or to imprisonment for three months or to both such fine and imprisonment.
17. Neglect to levy execution
    Where a complaint is made against a bailiff under section 40 of the Act, the registrar shall issue a summons in Form 34 which shall be served on the bailiff in accordance with the rules for service of ordinary summonses not less than ten clear days before the return day.

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