Sheriffs Act 1887

THE FIRST SCHEDULEForm of Warrant appointing Sheriff

At the Court at _____________________ the _____________________ day of _____________________ present the Queen's most Excellent Majesty in Council. To A.B., of __________________________________________ Whereas Her Majesty was this day pleased, by and with the advice of Her Privy Council, to nominate you for and appoint you to be sheriff of the county of _____________________ during Her Majesty's pleasure:

These are therefore to require you to take the custody and charge of the said county, and duly to perform the duties of sheriff thereof during Her Majesty's pleasure, whereof you are duly to answer according to law. Dated this _____________________ day of_____________________ __________________________________________ By Her Majesty's command.

THE SECOND SCHEDULE

Declaration of Sheriff and Under Sheriff

I, A.B., of , _____________________ in the county of _____________________ do solemnly declare that I will well and truly serve the Queen's Majesty(1)[and also his Royal Highness _____________________ Duke of Cornwall] in the office of (sheriff/under-sheriff) of the country of _____________________ Her Majesty's(1)[and his Royal Highness's] profit in all things that belong to my office as far as I legally can or may ; I will truly preserve the Queen's rights(1)[and the rights of his Royal Highness] and all that belongeth to the Crown(1)[or Duchy of Cornwall] ; I will not assent to decrease, lessen, or conceal the rights of the Queen or of her franchises(1)[or the rights of his Royal Highness, or of his franchises] ; and whenever I shall have knowledge that the rights of the Crown(1)[or Duchy] are concealed or withdrawn in any matter or thing I will do my utmost to make them be restored to the Crown(1)[or Duchy] again ; and if I may not do it myself I will inform the Queen(1)[or his Royal Highness] or some of Her Majesty's judges thereof ; I will not respite or delay to levy the Queen's debts for any gift promise reward or favour where I may raise the same without great grievance to the debtors ; I will do right as well to poor as to rich in all things-belonging to my office ; I will do no wrong to any man for any gift reward or promise nor for favour or hatred; I will disturb no man's right, and will truly and faithfully acquit at the Exchequer all those of whom I shall receive any debts or sums of money belonging to the Crown(1)[or Duchy] ; I will take nothing whereby the Queen(1)[or his Royal Highness] may lose or whereby her(1)[or his] right may be disturbed injured or delayed; I will truly return and truly serve all the Queen's writs according to the best of my skill and knowledge; [I will take no bailiffs into my service but such as I will answer for;](2)I will truly set and return reasonable and due issues of them that be within my bailiwick according to thei estate and circumstances, and make due pannels of persons able and sufficient and not suspected or procured as is appointed by the statutes of this realm; [I have not sold or let to farm, nor contracted for, nor have I granted or promised for reward or benefit, nor will I sell or let to farm nor contract for or grant for reward or benefit by myself or any other person for me or for my use directly or indirectly my sheriffwick or any bailiwick thereof or- any office belonging thereunto or the profits of the same to any person or persons whatsoever;](3)I will truly and diligently execute the good laws and statutes of this realm, and in all things well and truly behave myself in my office for the honour of the Queen(1)[and his Royal Highness] and the good of her subjects, and discharge the same according to the best of my skill and power.

Form of Declaration for Bailiff, Deputy, or Officer of Sheriff

I, A.B., do hereby solemnly and sincerely declare that I will not use or exercise the office of ___________corruptly during the time that I shall remain therein, neither shall nor will accept, receive, or take by any colour, means, or device whatsoever, or consent to the taking of = any manner of fee or reward of any person of persons before the empannelling or returning of any inquest, jury, or tales in any court of record for the Queen or betwixt party and party above such fees as are allowed for the same by law, but will according to my power truly and indifferently with convenient speed empannel all juries and return all such writs touching the same as shall appertain to be done by my duty or office during the time that I shall remain in the said office.

THE THIRD SCHEDULEActs Repealed

Note—This Schedule is to be read as referring to the revised edition of the statutes prepared under the direction of the Statute Law Committee in all cases of statutes included in that edition, and as referring in the case of all Acts not so included and passed before the reign of George the First, to the edition prepared under the direction of the Record Commission. The chapters of the statutes (before the division into separate Acts) are described by the marginal abstracts given in those editions. The repeal by the present Act of a part of a statute set out or referred to in the terms of the translation given in that edition is to operate on the original Latin or Norman-French of which the translation is set out or referred to as if the original itself were in like manner set out or referred to. A description or citation of a portion of a statute is inclusive of the words section or other part first and last mentioned, or otherwise referred to as forming the beginning, or as forming the end of the portion comprised in the description or citation.

Session and Chapter.Title or Abbreviated Title.Extent of Repeal.
3Edw. 1. (Stat. Westm. prim.) c. 9.Pursuit of felons. Punishment for neglect or corruption in officers.The whole chapter, except from " and if the sheriffs coroners" to the end of the chapter, so far as that portion relates to coroners.
3Edw. 1. (Stat. Westm. prim.) c. 15.Prisoners and bail. Offenders not bailable. Offenders bailable. Penalty for unlawful mainprise. Penalty for unjust detention of prisoners.The whole chapter so far as it is not already repealed.
3Edw. 1. (Stat. Westm. prim.) c.26.Extortion by the King's officers.So much of the chapter as relates to a sheriff or any officer of a sheriff.
12 Edw. 1. c. 2. (Stat. Wallice)Regulation of the jurisdiction and its division into counties, &c. Sheriffs and other officers appointed.The whole chapter so far as relates to sheriffs and bailiffs of commotes.
12 Edw. c. 3.Of the office of sheriff in Wales, and the manner of holding courts.The whole chapter.
12 Edw. c. 4.The tourn. Articles to be inquired of. Franchises, &c. usurped. Presentments of the jury. For capital offences. For smaller offences. How the sheriff shall proceed on presentments.The whole chapter.
12 Edw. 1. (Stat. Both.)Provisions made in the Exchequer.The whole statute.
13 Edw. 1. (Stat. Westm. Sec.) c. 13.Sheriffs imprisoning others for felony, &c. without an inquest shall be liable to action for false imprisonment.The whole chapter.
13 Edw. 1 (Stat. Westm Sec.) c. 39.How writs shall be delivered to the sheriffs to be executed. Remedy for non-return of writ. The like for false returns. The like where a liberty is returned. The like for sheriff's false returns or issues. What shall be accounted issues. Resistance of execution of process. Punishment thereof.The whole chapter.
25 Edw. 1. (Magna Carta.) c. 17.Pleas of the Crown.So far as it relates to any sheriff or officer of a sheriff.
25 Edw. 1. (Magna Carta.) c.35.County court. Sheriff's tourn. View of Frankpledge.The whole chapter.
28 Edw. 1. c. 13. (Artie. Sup. Cart.)Of the persons to be chosen sheriffs.The whole chapter.
9 Edw. 2. st. 2. (Stat. Lincoln.)The statute of sheriffsThe whole statute.
(Stat. Temp. Incert. Views Francvoleai.)The view of FrankpledgeThe whole statute.
1 Edw. 3. st. 2. c. 17.Indictment shall be taken by indenture.The whole chapter.
2 Edw. 3. c. 4.The statute of Lincoln, 9 Edw. 2. concerning sheriffs, &c. confirmed.The whole chapter.
2 Edw. 3. c. 5.The statute of Westminster, the second,13 Edw. 1. c. 39., concerning the delivery of writs to the sheriff confirmed.The whole chapter.
2 Edw. 3 c.12.Hundreds and wapentakes shall be annexed to counties and not let to ferm.The whole chapter.
5 Edw. 3. c. 4.Sheriffs, &c. shall have sufficient in the county.The whole chapter.
14 Edw. 3. st. 1. c. 7.Sheriffs shall be appointed annually at the Exchequer.The whole chapter.
14 Edw. 3. st. 1. c. 9.Hundreds and wapentakes shall be rejoined to the respective counties; and be farmed at the ancient rent. Outriders, &c. abolished. Only one bailiff errant in one county. Bailiwicks in fee. Who shall punish offenders. Punishment of sheriffs offending. Lords of hundreds in fee.The whole chapter.
28 Edw. 3. c. 7.Sheriffs shall be removed from office yearly.The whole chapter.
28 Edw. 3. c. c. 9.Commissions to sheriffs for taking inquests to indict people repealed and prohibited.The whole chapter.
31 Edw. 3. c. 15.The sheriff's tourn shall be held within the month after Easter and Michaelmas.The whole chapter.
1 Ric. 2. c. 11.No sheriff shall be re-elected within three years.The whole chapter.
23 H. 6. c. 7.Recital of the statutes against the continuance of sheriffs in their office, viz., 14 Edw. 3. st. 1. c. 7.; 42 Edw. 3. c.9.; 1 Ric, 2. c. 11.: Re-cited statutes confirmed: Exceptions, London, &c. Penalty for occupying the office of sheriff above one year 200L per annum. All pardons and patents made to the contrary, void. Action for the penalty.The whole chapter.
23 H. 6. c. 9.No sheriff shall let his county, &c. to ferm. No sheriff's' officers or bailiffs shall be re-turned upon inquests. Such officers shall not take anything of persons arrested for ease and favour, &c. Pees on arrests, attachments, &c. No fee for returns or panels. Pee for a copy of a panel. Sheriff's, &c. shall let to bail all persons arrested. On sureties; except persons in execution. How the bond shall be taken on such bailing. The conditions thereof. Bonds in other form void. Sheriffs shall make deputies in the King's courts. Penalty on offending against this Act. Justices of assizes, &c. may inquire of offenders. Sheriffs returning cepi corpus or reddidit se shall be chargeable with the bodies. Exception for the warden of the fleet, &c.The whole chapter.
1 Edw. 4. c. 2.Justices of peace in sessions shall try and determine indictments taken in sheriff's tourns.The whole Act.
12 Edw. 4. c. 1.Recital of the statute 23 H. 6. c. 7. Sheriffs before having their writ of discharge may return writs during .Michaelmas term.The whole statute.
17 Edw. 4. c. 7.Recital of st. 12 Edw. 4. c. 1. as to returns of writs by sheriffs going out of office, sheriff may return writs and otherwise execute his office during Michaelmas and Hilary term if not discharged.The whole chapter.
11 Hen. 7. c. 15.An Act against sheriffs and under-sheriffs.The whole Act.
L9 Hen.7. c. 24.The shire court for Sussex shall be holden at Chi-chester and Lewes, alternately.The whole Act.
21 Hen. 8. c. 20.An Act that the Psidente of the Kynges Counsaile shal be associate with the Chauncellor and Treasourer of Englonde and the Keper of the Kinges Privie Seale.Section two so far as relates to the naming of sheriffs.
27 Hen. 8. c. 5.An Acte for makyng of justices of peace, in Wales.Section two, from " of "Chester and Flint" down to " county of Glamorgan," the words " at "Caerdiff," the words " into every of the afore-" said Exchequers," and from " and that every '' sheriff of every of the " said shires," to the end of the section, and so much of section four as relates to a sheriff, his deputy or ministers.
27 Hen. 8. c. 24.An Acte for re-contynuyng of certayne liberties and francheses heretofore taken frome the Crowne.Section six, section seven, section eight, section twelve, and section thirteen.. -
27 Hen. 8. c.26.An Acte for Lawe and Justice to be ministred in Wales in like fourme as it is in this Realme.

Section two, from "and "that the sheriffs countie" to the end of the section.

Section three, from " and "that the sheriff of the " said countie" to the end of the section, except so far as relates to escheators and coroners.

Section four, from " and " that the shire courte" to the end of the section.

Section five, from "and that " the shire courte " to the end of the section.

Section six, from " and that " the countie and shire "courte" to the end of the section.

Section seven, from "and " that the countie or shire " courte" to the end of the section.

Section eight, except from "and that justice shall "be ministered, used, '' exercised " to the end of the section.

Section seventeen, so far as it relates to sheriffs or their officers, or to sheriffs courts; and

Section eighteen, down to "justices of the peace of " the said county of Mon-" mouth ; " and from " and that every of the "sheriffs of the said "counties" down to " shires before the same " justice ", and the words '' as well by the afore-"said sheriffs as ".

33 Hen. 8. c. 13.An Acte concerninge certain Lordshippes translated from the countie of Denbigh to the countye of Flyntshire.Section one.
34 & 35 Hen. 8. c. 26.An Acte for certain ordinaunces in the Kinges Majesty's domynion and principalitie of Wales.Section ten, section twenty, from " which sheriff" to end of section. Section, twenty-two, section twenty-six, from " Item, " that everie of the saide " shiriefs" to the end of the section. Section twenty-seven, section twenty-eight, section twenty-nine, section thirty, and section thirty-one.
1 Edw. 6. c. 10.An Acte for exigents and proclamations in Wales and in the counthe palentyne of Ohestre and allso in the cithe of Chester.The whole Act except so much of sections one and three as relates to outlawry in cases other than civil cases.
2 & 3 Edw. 6. c.An Acte for the kepinge of countie dayes.The whole Act.
5 & 6 Edw. 6. c. 26.An Acte for writtes uppon proclamations and exigents to be currant within the countye palantyne of Lancaster.The whole Act, except so much of sections one and five as relates to outlawry in cases other than civil cases.
1 Mar. st.2. c.8.An Act that shiriffs shall not be justices of peace during that office.The whole Act.
5 Eliz. c. 23.An Acte for the due execution of the writ de excommunicato capiendo.Section one from " and if afterwardes it shall or maye appeare" to the end of the section; and section four.
27 Eliz. c. 12.An Act for the swearinge of under shireffes and other under officers and mynis-ters.The whole Act as far as unrepealed.
29 Eliz. c. 4.An Acte to prevent extorcion in Sheriffs, under-sheriffs, and Bayliffes of Fraun-chesies or Libertyes in cases of execucion.The whole Act.
43 Eliz. c. 6.An Acte to avoide trifling and frivolus suites in law in Her Majesties courtes at Westm.The whole Act so far as unrepealed.
14 Cha.2. c. 21.An Act for preventing the unnecessary charge of sheriffes and for ease in Passing theire accompts.The whole Act so far as unrepealed.
7&8Will.3.c.25.An Act for the further regulating election of members to serve in Parliament and for the preventing irregular proceedings of sheriffs and other officers in the electing and returning such members.Section eight.

5 6 Anne, c. 12.

An Act for rendring more effectual an Act passed in the first year of Her Majesties reign, intituled An Act for the better preventing escapes out of the Queen's Bench and Fleet prisons.Section five.

6 Anne, c. 31.

An Act for the encouraging the discovery and apprehending of housebreakers.The whole Act so far as unrepealed.

6 Ann. c. 41. 7

An Act for the security of Her Majesty's person and government and of the succession to the crown of Great Britain in the Protestant line.So much of section eight as relates to sheriffs.
3Geo. l. c. 15.An Act for the better regulating the office of sheriffs, and for ascertaining their fees, and the fees for sueing out their patents and passing their accompts.The whole Act so far as it is unrepealed except section twelve.
1 Geo. 2. st. 1. c. 5.An Act for making further provisions to enable persons possessed of offices at the demise of His late Majesty to qualify themselves for the enjoyment of such offices and for altering and explaining the Acts of Parliament therein mentioned in relation to qualifying persons for continuing in offices, and to the continuance of the sheriffs of the county of Cornwall and county palatine of Chester, and several other officers therein mentioned, after the demise of His late Majesty, his heirs and successors ;.and for continuing such laws as would 'expire at the end of this session of Parliament.So much of section seven as relates to any sheriff.
13 Geo. 2. c. 18.An Act, the title of which begins with the words "An Act to continue "several laws therein '' mentioned; " and ends with the words " liberties " and franchises as have " commissions of the peace " within themselves.Section six.
20 Geo. 2. c. 37.An Act for the ease of sheriffs with regard to the return of process.The whole Act.
24 Geo. 2. c.48.An Act for the abbreviation of Michaelmas term.Section twelve.
32 Geo. 2. c. 28.An Act for relief of debtors with respect to the imprisonment of their persons and to oblige debtors who shall continue in execution in prison beyond a certain time and for sums not exceeding what are mentioned in the Act to make discovery of and deliver upon oath their estates for their creditors benefit.Sections one to four, and so much of sections eleven and twelve as relate to sheriffs and their officers.
4 Geo. 4. c.37.An Act to amend an Act for the more speedy return and levying of fines, penalties, and forfeitures and recognizances estreated.Section one, from " and " such sheriff, bailiff, or " other officer is hereby " authorised and required on quitting his " office" to" duly authorised to pass the same "; and Section four.
3 & 4 Will. 4. c. 42.An Act for the further amendment of the law and the better advancement of justice.Section twenty.
3 & 4 Will. 4. c. 99.An Act for facilitating the appointment of sheriffs, and the more effectual audit and passing of their accounts; and for the more speedy return and recovery of fines, issues, forfeited recognizances, penalties, and deodands; and to abolish certain offices in the Court of Exchequer.Sections two to seven, nine to eleven, so much of sections thirty-nine and forty as relates to the portions repealed by this Act, also section forty from " but that the " to end of section and the Schedule.
6 & 7 Will. 4. c. 19.An Act for separating the palatine jurisdiction of the county palatine of Durham from the bishopric of Durham,Section two.
7 Will. 4 & 1 Vict. c. 55.An Act for better regulating the fees payable to sheriffs upon the execution of civil process.The whole Act so far as unrepealed.
5 & 6 Vict. c. 98.An Act to amend the laws concerning prisons.Section thirty-one so far as relates to sheriffs and their officers.
8 & 9 Vict. c. 11.An Act for assigning sheriffs in Wales.The whole Act.
9 & 10 Vict. c. 44.An Act to remove doubts as to the election of members to serve in Parliament for the county of Chester, the boroughs situate therein, and for the county of the city of Chester.The whole Act.
13 & 14 Vict. c.30.An Act to provide for the appointment of sheriff of the county of Westmoreland.The whole Act.
22 & 23Vict. c. 21.An Act to regulate the office of Queen's Remembrancer and to amend the practice and procedure on the Revenue side of the Court of Exchequer.Sections twenty-eight, twenty-nine, and forty-two.
22 & 23 Vict. c.32.An Act to amend the law concerning the police in counties and boroughs in England and Wales.Section eighteen.
28 & 29 Vict. c. 104.The Crown Suits, &c. Act, 1865.Section twenty-five.
28 & 29 Vict. c. 126.The Prison Act, 1865Sections fifty-nine and sixty.
40 & 41 Vict. c. 21.The Prison Act, 1877Sections thirty-one and thirty-two.
42 & 43Vict. c.l.The Spring Assizes Act, 1879.Section three down to " had " not passed."
44 & 45Vict. c. 68.The Supreme Court of Judicature Act, 1881.Section sixteen.

5 5 & 6 Anne, c. 9. in Buff. 65&6 Anne, in Buff.7 c.7. in Buff.

(1)

The words within brackets to be added in case of the Duchy of Cornwall.

(2)

In the case of under-sheriffs, omit the words between brackets.

(3)

In the case of under-sheriffs, omit the words' between brackets, and say:

I have not bought purchased or taken to farm or contracted for nor have I promised or given any consideration nor will I buy purchase or take to farm or contract for promise or give any consideration whatsoever by myself or any other person for me or for my use directly or indirectly to any person whomsoever for the office of under-sheriff of the county of ________________________which I am now to enter-upon and enjoy, nor for the profits of the same nor for any bailiwick thereof or any other place or office belonging thereunto ; I have not sold nor contracted for or let to farm, nor have I granted or promised for reward or benefit by myself or any other person for me or for my use directly or indirectly any bailiwick thereof or any other place or office belonging thereunto.