Section 34 Sheriffs and Civil Process Act

Section 34 of the Sheriffs and Civil Process Act 1945 is about Interpleader by sheriff. It provides as follows:

(1) If a claim is made to or in respect of any property attached in execution under
process of a court, or in respect of the proceeds or value thereof, the registrar may, upon the application of the sheriff, as well before as after any action brought against him, issue a summons calling before the court the party at whose instance the process issued and the party making the claim.
[First Schedule. Forms 7 to 10.]

(2) Upon the issue of the summons, any action brought in any court in respect of the claim or of any damage arising out of the execution of the writ shall be stayed.

(3) On the hearing of the summons, the court shall adjudicate upon the claim, and
shall also adjudicate between the parties or either of them and the sheriff upon any claim to damages arising or capable of arising out of the execution of the writ by the sheriff, and shall make such order in respect of any such claim and the costs of the proceedings as it thinks fit.

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