Sheriffs Act 1887

Definitions and Repeal

38 Definitions

In this Act unless the context Otherwise requires—

• The expression " the Treasury " means the-Commissioners of Her Majesty's Treasury.

• The expression " county " means a county at large, and does not include a county of a city or a county of a town.

• The expression " writ " includes any process.

• The expression " quarter sessions " includes general sessions.

39 Repeal

The Acts specified in the Third Schedule to this Act are hereby repealed to the extent in the third column of the said Schedule mentioned :

Provided that—

(1) This repeal shall not affect,—

(a) anything duly done or suffered under any enactment hereby repealed; or

(b) any right acquired, or obligation or liability incurred under any enactment hereby repealed ; or

(c) the right of any city or borough under any charter; or

(d) any such power, right, privilege, obligation, liability, or duty of any sheriff or officer of a sheriff as exists by common law at the passing of this Act; or

(e) any penalty or punishment incurred in respect of any offence committed against any enactment hereby repealed ; or

(f) any legal proceeding or remedy in respect of any such right, obligation, liability, power, right, privilege, duty, penalty or punishment as aforesaid; and any such legal proceeding and remedy may be carried on and had as if this Act had not been passed; and

(2) This repeal shall not revive or restore any jurisdiction, office, duty, franchise, liberty, custom, privilege, practice, or procedure, or other matter or thing not existing or in force; and

(3) Every sheriff, under-sheriff, bailiff, and officer holding office at the passing of this Act shall continue to hold such office, and be subject to be discharged therefrom in like manner, and shall have the same privileges, and be subject to the same duties and liabilities, as if this Act had not passed; and

(4) Any warrant, order, rules, or other matter or thing made in pursuance of any enactment hereby repealed shall continue and be of the same effect as if made in pursuance of this Act; and

(5) Any fees or poundage authorised to be taken by or in pursuance of any enactment hereby repealed may continue to be taken until altered in pursuance of this Act.

40 Saving for courts leet, &c

(1) Notwithstanding the repeal of any enactment by this Act every court leet, court baron, law day, view of frankpledge, or other like court which is held at the passing of this Act shall continue to be held on the days and in the places heretofore accustomed, but shall not have any larger powers, nor shall any larger fees be taken thereat than heretofore, and any indictment or presentment found at such court shall be dealt with in like manner as heretofore.

(2) Where any enactment repealed by this Act applied to any coroner, escheator, or other officer, he shall continue to be governed by such enactment in like manner as if it had not been repealed ; Provided that any enactment of this Act which is substituted as regards a sheriff or sheriffs officer for the enactment so repealed, shall apply to such coroner, escheator, or officer, in lieu of the enactment so repealed.