Section 42 Sheriffs and Civil Process Act

Section 42 of the Sheriffs and Civil Process Act 1945 is about Actions against bailiffs acting under warrants. It provides as follows:

(1) No action shall be commenced against any bailiff for anything done in obedience to any process issued by a court unless-
(a) a demand for inspection of the process and for a copy thereof is made or left at the office of the bailiff by the party intending to bring the action or his solicitor
or agent, in writing signed by the person making the demand; and

(b) the bailiff refuses or neglects to comply with the demand within six days after
it is made.

(2) If an action is commenced against a bailitf in a case where such demand has been made and not complied with, judgment shall be given for the bailiff if the process produced or proved at the trial, notwithstanding any defect of jurisdiction or other irregularity in the process, but the judge or magistrate who issued the process may be joined as a defendant in the action, and if the judge or magistrate is so joined and judgment is given against him, the costs to be recovered by the plaintiff against the judge or magistrate shall include such costs as the plaintiff is liable to pay to the bailiff.

(3) In this section, except in paragraph (a) of subsection (1) thereof, the expression “bailiff’ includes any person acting by the order and in aid of a bailiff.

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