Section 37 Sheriffs and Civil Process Act

Section 37 of the Sheriffs and Civil Process Act 1945 is about Execution out of juris diction of court. It provides as follows:

(1) Where a writ of execution has been issued from a court, hereafter in this section referred to as a “home court”, against the property of any person and the property or any of it is out of the local division or district of that court, the registrar of that court may send the writ of execution to the registrar of any other court within the jurisdiction of which the property is or is believed to be, with a warrant thereon endorsed or thereto annexed requiring execution of the original writ.
[First Schedule. Form 11. Form 12.]

(2) On the receipt of the warrant, the registrar of the other court shall act in all respects as if the original writ of execution had been issued by the court of which he is registrar and shall within the prescribed time-
(a) report to the registrar of the home court what he has done in the execution of the writ; and
(b) pay over all moneys received in pursuance of the writ.

(3) Where a writ of execution is sent by the registrar of a home court to the registrar of another court for execution under the provisions of this s ection, the judge or magistrate of the court, as the case may be, shall have the same power as the judge or magistrate of the home court of staying the execution under section 23 of this Act as respects any property within the jurisdiction of that other court.

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