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Chairman may give permission to nominate special bailiff at peril of party.
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5. The sheriff of every county shall, on the demand of the plaintiff in a decree (except a decree for the possession of land), or of the defendant in any dismiss heretofore made or hereafter to be made, grant a special warrant to such plaintiff or defendant, as the case may be, nominating one or more bailiffs and his or their assistants to execute same at the peril of such plaintiff or defendant, as the case may be, and said warrant shall be in the form in the schedule hereunto annexed, or to the like effect; provided, however, that the chairman of every quarter sessions, on application to him in open court, may, within his jurisdiction, by endorsement on any such decree or dismiss, direct that no special warrant shall be given to the plaintiff or defendant; and where any such endorsement is made, the sheriff shall not grant a special warrant. The sheriff shall be entitled to a fee of one shilling upon every such warrant, and after signing said warrant shall not be entitled to any poundage on said decree or the execution thereof.
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The provisions contained in section twenty-eight of the Civil Bill Procedure Amendment (Ireland) Act, 1864, shall apply to goods or cattle which shall be taken in execution by any bailiff appointed under the authority of this Act: Provided always, that in the construction of the said section in relation to such goods or cattle the same shall be read as if for the word “sheriff” the words “person on whose demand a bailiff was nominated” were substituted in the said section.
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Provided, however, that, unless the plaintiff in case of a decree, or defendant in case of a dismiss, shall elect to have such decree or dismiss executed by obtaining a warrant to execute same at his own peril as herein-before mentioned, same shall be executed by the sheriff or his bailiff as if this Act had not been passed.
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