Section 39 Sheriffs and Civil Process Act

Section 39 of the Sheriffs and Civil Process Act 1945 is about Execution of committal orders out of jurisdiction of court. It provides as follows:

(1) Where any order or warrant for the committal of any person to prison has been
made or issued, whether in pursuance of this or any other Act or Law or of Rules of Court made under this Act, by a court hereafter in this section referred to as a “home court”, and that person is out of the division or district of that court, the registrar may send the order or warrant to the registrar of any other court within the division or district of which that person is or is believed to be, with a warrant thereon endorsed or thereto annexed requiring execution of the original order or warrant.
[Order 47 of 1951.]

(2) On receipt of the warrant, the registrar of the other court shall act in all respects as if the original order or warrant 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 order or warrant; and
(b) pay over all moneys received in pursuance of the order or warrant.

(3) Where a person is apprehended under the order or warrant he shall be forthwith conveyed to a prison or other place of safe custody and kept therein-
(a) in a case where he is apprehended under a warrant of committal issued under section 72 of this Act, until further order of the home court; and

(b) in a case where he is apprehended under any other order or warrant, until the
expiration of the period mentioned in the order or warrant, unless sooner discharged by law.

(4) Where an order or warrant of commitment is sent by the registrar of a home court to the registrar of another court for execution under the provisions of this section, the judge or magistrate of that other court shall have the same power as the judge or magistrate of the home court of ordering the discharge of the debtor under section 75 of this Act.

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