WILLIAMS v. JONES

28 VLR 721·HOLROYD, J.
28 VLR 721
28 VLR 721
WILLIAMS v. JONES Supreme Court of Victoria HOLROYD, J. March 25, 1903. May 25, 29 May 1903 Practice — Sheriff's charges — Man in possession — Actual and reasonable expenses — Rule made by Sheriff fixing expenses — Authority of Sheriff to make general rule — Reasonableness of charges — Discretion of Sheriff — Deviation from general rule — Supreme Court Act 1895 (No. 1395), s. 4 — Order in Council of 15th July 1895 .

The Order in Council of 15th July 1895, which is made under the authority of sec. 4 of the Supreme Court Act 1895, and which provides that there "shall be paid to the Sheriff for each man left in possession when absolutely necessary the actual and reasonable expenses to be settled by the Sheriff," empowers the Sheriff to make a general rule fixing the amounts proper to be allowed for such expenses, and the Sheriff is not under any obligation to decide the reasonableness of the charges in each particular instance.

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28 VLR 721

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