Page images
PDF
EPUB

expiration of his tenancy. remove any fruit and (7.) The electors of allotment managers shall be tion of the Public Health Act, 1875 [38 & 39 other trees and bushes planted or acquired by him, the parliamentary electors in the parish, that is to

Vict c. 55]; and for which he has no claim for compensation. say, the persons registered in any list of parliamen. (6.) in the case of a rural sanitary authority a i 8 Recovery of rent and possession of allotments.] an election of a member to serve in Parliament, and

tary electors for the parish as entitled to vote at special expenses incurred in the execution of (1.) The rent for an allotment let in pursuance of

the Pablic Health Act, 1875, and such ex. this Act, and the possession of such allotment in the

an elector shall not give more than one vote for penses shall be charged to the parish on case of any notice to quit, or failure to deliver up

any candidate nor vote for more candidates than account of which the land was acquired. possession of the same as required by law, may be the dumber to be elected.

(2.) Section two hundred and ninety-eight of the recovered by the sanitary authority as landlords, in held at such time, and in such manner, and in Provisional Orders, shall apply to costs incurred by

(8.) The election of allotment managers shall be Public Health Act, 1875, with respect to costs of the like manner as in any other case of landlord accordance with such regulations as the Local and tenant.

a sanitary authority in relation to Provisional (2.) If the rent for any allotment is in arrear for

Government Board may from time to time by order Orders under this Act.

prescribe ; and the Local Government Board may (3.) All sums received by a sanitary authority in not less than forty days, or if it appears to the make regulations respecting the duties of the respect of any land acquired under this Act, othersanitary authority that the tenant of an allotment returning officer, and the expenses of the election, wise than from any sale or exchange, shall be pot less than three months after the commencement of the tenancy, thereof has pot duly observed such things as appear to them necessary or proper in respect of such land, and so far as they are not

and may do and make regulations respecting all applied in aid of the expenses incurred by them the regulations affecting such allotment made by or

for carrying into effect this section, whether pre required for the payment of those expenses, shall in pursuance of this Act or is resident more than liminary or incidental to such election, and for be applied in aid of the general and special expenses one mile out of the district or parish for which the applying to such election any enactmants respecting above in this section mentioned, and in the case of allotments are provided, the sanitary authority may offences at the election of guardians, and may re

a rural sanitary authority shall be credited to the serve upon the tenant, or if he is residing out of the district or parish, leave at his last known place of Provided as follows :

voke or alter any previous order under this section : parieb on account of which the land was acquired. abode in the district or parisb, or fix in some con.

(4.) The sanitary authority may borrow for the spicuous manner on the allotment, a written notice

(a.) Such guardian or overseer of the parish, or purposes of acquiring, Improving, and adapting determining the tenancy at the expiration of one

other person as the sanitary authority may the like conditions as for the purpose of defraying

land under this Act in like manner and subject to month after the notice has been so served or affixed,

appoint, shall be the returning officer; and thereupon such tenancy shall be determined

(6.) A poll, if demanded, shall be taken by ballot, the above-mentioned general and special expenses; accordingly : Provided that in every such case the

and the said regulations shall provide for the and all sums payable by the sanitary authority in sanitary authority in default of agreement between

application to such poll of the Ballot Act, respect of principal or of interest on any money so the incoming and outgoing tenant'shall on demand

1872 [35 & 36 Vict. c. 33], including the

borrowed shall be defrayed in manner provided by pay to the tenant whose tenancy is so determined

provisions for punishing offences ;

this section respecting expenses incurred under this any cimpensation due to him as an outgoing

(c.) The poll shall be held on one day only, and Act in respect of such land. tenant; and such compensation shall be assessed

(5.) Sections two hundred and thirty-three, two

shall close at eight o'clock in the evening, by an arbitrator appointed by the sanitary authority,

and sball be open for at least the period from hundred and thirty-four, and two hundred and or, if the tenant so elect, either by an arbitrator

five to eight o'clock in the evening;

thirty-six to two huodred and thirty-nine both inappointed under the Allotments and Cottage

(d.) The returning officer shall not vote except in clusive, of the Public Health Act, 1875 [39 & 39 Gardees i ompensation for Crops Act, 1887 [50 & 51

Vict. c. 55), relating to borrowing by a local autho

the case of an equality of votes between any Vict. c. 26], or by a reference under the Agricul

candidates, in which case he shall have a rity, and sections two hundred and forty-two and

two huodred and forty-three of the same Act, tural Holdings (England) Act, 1883 [46 & 47 Vict.

casting vote; C 61).

(e ) Ang ballot boxes, instruments, fittings, and relatiog to loans by the Publio Works Loan Com. (3.) Upon the recovery of an allotment from any

compartments provided by any public missioners to a local authority, shall apply to a loan

for the purposes of this Act to a sanitary authority tenant, the court or justice directing the recovery

authority for parliamentary, municipal, or may stay delivery of possession until payment of

schoolboard elections, or belonging to any pub. In like manner as if they were herein re-enacted the compensation, if any, due to the outgoing

lic authority for the purpose of elections, shall and in terms made applicable thereto. tenant has been made or secured to the satisfaction

(6.) Separate accounts shall be kept of the

be lent to the returning officer on his request of the court or justice.

for the purpose of an election of allotment receipts and expenditure under this Act of the

managers, under such conditions and either sanitary authority and their officers and of allot9. Election of allotment managers.] (1.) Where

free of charge or for such reasonable charge this Act, and such accounts shall be avdited in like

ment managers and other persons acting under allotments have been provided under this Act for a as inay be prescribed by regulations under

manner,

and with the like incidents and conseparish in any rural district, a petition to the sapi.

this section ; tary authority may be presented by a number of the (f.) The returning officor may, except during quences as the accounts of the other receipts and electors of allotment managers in such parish, not ordinary school hours, use free of charge for expenditure of the sanitary authority and their being less than one-sixth of the whole number of the purpose of an election under this section officers under the Public Health Act, 1875, and in

the case of allotment managers and other persons such electors, praying for the election of allotment any room in a school receiving a grant out of

as the accounts of officers of the sanitary authority. managers in such parish, and thereupon the sanitary moneys provided by Parliament, and any authority shall order such election, and the allot room the expense of maintaining which is 11. Sale of superfluous or unsuitable land.] (1.) ment managers so elected shall be the allotment psyable out of any rate in the parish, but he Where the sanitary authority are of opinion that managers of the allotments in such parish in lieu of

shall make good any damage done to the any land acquired by them in pursuance of this allotment managers appointed by the sanitary room, and defray any expense incurred by Act or any part thereof is no longer needed for the authority, who, on an election under this Act, shall the person or body of persons, corporate or purpose of allotments, or that any other land more cease to hold office.

unincorporate, having control over the room, suitable for such purpose is available, they may, (2) The first election shall be held on such day on account of its being so used.

with the sanction of the county authority, sell or as may, subject to the regulations hereafter men.

(9) An election under this section sha'l pot be let such land or part, or exchange the same for tioned, be fixed by the said authority.

questioned except in such manner as may be pre other land more suitable for the said purpose, and (3) The number of allotment managers in each scribed by regulations under this section, and the may pay or receive money for equality of exchange. case shall be such (not being less than three nor regulations may apply to such election any enact (2) The proceeds of a sale under this section and more than five) as the sanitary authority may fix, ments respecting the questioning of an election of any money received by the sanitary authority on and the quorum shall be three, or, if the number of guardians.

any such exchange as aforesaid by way of equality managers is less than five, be two.

(10.) If an allotment manager is punished with of exchange, shall be applied in discharging, either 14.) The allotment managers shall retire trien- imprisonment for any crime, or is adjudged a by way of a sinking fuad or otherwise, the debts pially on sach day as may be prescribed by the bankrupt, or tentera into a composition or arrange and liabilities of the sanitary authority in respect for retirement which occurs next after the expira for twelve months from all meetings of the allotment ments under this Act, and any surplus remaining Poent managers first elected shall retire on the day the neighbourhood of, the parish, or absents himself ing, adapting, and improving other land for allotbloot of three years after the day fixed for their managers, except for temporary illness or other may be applied for any purpose for which capital

(5.) Ady casual vacancy among the allotment tepaat of any Alictment under the management of the Local Government Board ; and the interest managers which occurs by death, resignation, dis- the managers, he shall cense to be an allotment thereon (if any) and any money received from the qualification, or otherwise, may, if there remaios a

manager, and his office shall be vacant, and a letting of the land may be applied in acquiring quorum of allotment managers, be filled up by such person who, if elected, would by virtue of this other land for allotments, or shall be applied in like managers, bat the person elected to fill the vacancy enactment cease, otherwise than by reason of

manner as receipts from allotments under this Act shall hold office only for the same time as the absence from meetings, to be a manager, shall not

are applicable : Provided that any such proceeds, vacating manager would have done.

be qualified to be elected a manager, but, save as surplus, interest, and money shall, in the case of a tion, either by electors or allotment managers, or re-election. 1.6.) If at any time by reason of a failure of elec- aforesaid, any retiring manager shall be eligible for rural sanitary district, be credited to or applied for

the benefit of the parish for which the land was of any other cause, there is no allotment manager,

purchased. or do quorum of allotment managers in any parish, 10 Expenses and receipts.] (L.) All expenses (3.) Sections one hundred and twenty.eight to the sanitary authority shall appoint allotment incurred by a sanitary authority under this Act, one hundred and thirty-two (both inclusive) of the managers under this Act in that parish, and shall including allowances to officers of such authority for Lands Clauses Consolidation Act. 1845 (relatiog to continue to appoint the game until another petition duties under this Act, shall be defrayed

the right of pre-emption of superfluous lands) shall for the election of allotment managers is presented

(a.) in the case of an urbau sanitary authority a8 apply upon any sale by a sanitary authority in

part of the general expenses of their execu- pursuance of this section of any land, whether

under this section,

were

cease.

quired for affording common pasture at guch price which may arise under this section ag to the county this Act, shall have effect as if “ assistant com. whose district such place is wholly or partly Government Board, and the provisions of this Act passing of this Act, appointed to be official trustee

' Journal, 24

, 1887. becsuse it is no longer needed for the purpose of in respect of any qu alitication situate in such con. Treasury (in this Act referred to as the Treasury) allotments, or because other land more suitable for tributory place.

appoint assistant commissioners, aud may remove

(3) Where a district or parish forms part of more any such assistant commissioner, the purpose is available, but save as aforesaid, the provisions of the Lands Clauses Consolidation Act, than one county, it sball be deemed for the purposes (2.) The number and salaries of the assistant 1845. with respect to the sale of superfluous lands, of this Act to be situate wholly in that county commissioners under this Act shall be such as the sball not be deemed to be incorporated in this Act, which comprised, according to the last published Treasury may from time to time sanction. or in any Provisional Order made under this Act. census for the time being, the largest portion of the

(3.) Each assistant commissioner under this 12 Power to make scheme for provision of common population of such district or parish, and where

Act shall have the same powers as an inspector pastur2.) Where it appears to any sanitary authority such population is not specified in such census, then

under the Charitable Trusts Acts, 1853 to 1869, in the county in which the largest part of the area that, as regards their district, if urban, or any

of such district or parish is situate, and any doubt and the sections of the Charitable Trusts Acts, parish in their district, if rural, land can be ac.

1853 to 1869, specified in the First Schedule to

missioner" or " aseistant commissioners" or rent that all expenses incurred by the sanitary shall be determined by the Local Government

Board. authority in acquiring the land and otherwise in

therein substituted for “inspector" or "in. relation to the land when acquired may reasonably

Two or more parishes immediately adjoining each be expected to be recouped out of the charges paid other may make a representation under this Act, spectors," as the case may be, and each assistant

commissioner acting under the authority of the In respect thereof, and that the acquisition of such and a sanitary authority of a raral district may

Board may exercise the said powers for any purland is desirable in view of the wants and circum. take proceedings in respect of such parishes as if

pose of or incidental to any duties imposed on the stances of the labouring population, such sanitary they were a single parish.

Board by Parliament under any present or future authority may submit to the county authority for 15. Register of tenancies.] The sanitary authority Act. the county in which the district or parish is wholly shall cause a register to be kept showing the par (4.) The power of appointing inspectors under or partly situate a scheme for providiog such ticulars of the tenancy, acreage, and rent of every the Charitable Trusts Acts, 1853 to 1869, shall common pasture, and the county authority, if allotment let, and of the unlet allotments, and satietied of the expediency of such scheme, may by such register shall be open to the examination of 3. Provision for absence of secretary.] The sigueorder authorise the sanitary authority to carry it ratepayers in the urban district or the parish for ture of any officer of the Board (whether assistant into effect, and upon such order being made this which the allotments have been provided, in such secretary or other) who for the time being is Act shall, with the necessary moditications, apply manner as may be prescribed by the regulations authorised by an order of the Board signed by two in like manner as if "allotments " in this Act in made under this Act by the sanitary autority, and Commissioners to act on behalf of the secretary of cluded common pasture, and “rent” included a any ratepayer of such district or parish, without the Board shall, for all purposes of the Charitable charge for turning out an animal.

paying any fee, may take copies of or extracts Trusts Acts, 1853 to 1869, or any other enactment, Provided that the regulations made under this from such register, and within ore month after the be as valid as the signature of the secretary; and Act niay extend to regulating the turning out of twenty-fifth day of March in every year shall a reference in any enactment to the signature of animals on the common pasture, to defining the cause an annual statement showing their receipts the secretary shall include a reference to the persons entitled to turn them out, the number to and expenditure under this Act in respect of the signature of such officer, and any document be turned out, and the conditions under which year ending on that day, and their liabilities ont- signed by an officer expressed to be so authorised animals may be turned out, and fixing the charges standing on that day, to be deposited at some shall be received in evidence without proof of the to be made for each animal, and otherwise to convenient place in the district, if urban, or the authority. regulating the common pasture.

parish to which the statement relates if the district 4. Amendment of Charitable Trusts Acts as to 13. Power for allotment wardens or allotment trus inspect and take copies of such statement.

is rural, and any ratepayer may without fee official trustees of charitable funds. ] (1.) From and tees to transfer to sanitary authority.] (1.) The

after the date fixed by a regulation under this allotment wardens under the Inclosure Act, 1845 16. Definition of county authority.], For the pur: with the approval of the Treasury from time to

section, such officers of the Board as the Board [8 & 9 Vict. o. 119), and the Acts amending the poses of this Act county authority shall be any time appoint shall, in lieu of the persons mensamo, having the management of any land appro representative body elected by the inhabitants of

tioned in the Charitable Trusts Amendment Act, priated under the said Acts either before or after the county which may be established under any the passing of this Act for allotments or field Act of any future session of Parliament, and until 1855, be the official trustees of charitable funds ;

Provided that any inspector or officer of the gardens for the labouring poor of any place, made such representative body is established the powers by agreement with any sanitary authority within and duties of the county authority under this Act Board, who at the passing of this Act is official shall be exercised and performed by the Local

trustee of charituble funds, and is not, after the situate, transfer the management of such land to the sanitary authority, upon such terms and con. and of the enactments incorporated with this Act shall, while he continues to hold his inspectorship ditions as may be agreed upon with the sanction, shall accordingly be construed with the necessary while official trustee.

or office, receive not less salary than he received as regards the said allotment wardens, of the Land modification. Commissioners for Eogland, and thereupon such

(2.) From and after the said date, not withstand

17. Det land shall vest in the sanitary authority.

tions. ] In this Act, unless the context ing ay thing in the Charitable Trusts Acts, 1853 otherwise requires

to 1869, the Treasury may, by regulations to be (2.) All trustees within the meaning of the The expression “allotment” includes a field made or approved by them, from time to time preAllotments Extension Act, 1882 [45 & 46 Vict. c. garden.

scribe : 80], required or authorised by that or any other

The expressions "urban district” and “rural to let lands in allotments to cottagers,

(a) the accounts to be kept by the said official district" mean respectively an urban and

trustees and the mode in which and the labourers, journeymen, or others in any place may, rural sanitary district within the meaning of

persons by whom such accounts and the if they think fit, in lieu of letting such land in the Public Health Act, 1875.

banking accounts, and any other accounts manner provided by the said Acts, sell or let euch The expression “sanitary authority” means the required by the Charitable Trusts Acts, land to the sanitary authority of the district in urban sanitary authority of an urban sanitary

1853 to 1869, to be kept by or on behalf of which euch place is wholly or partly situate, upon

district and the rural sanitary authority of a the official trustees of charitable funds, are to buch terms as may be agreed upon, with the sanc. rural sanitary district within the meaning of

be kept; tion, as regards the said trustees, of the Charity

the Public Health Act, 1875.

(6) the mode in which orders authorised by law Commissioners for England and Wales.

The expression "land" includes pasture, arable,
and other land, and any right of way or ease-

for the payment of any money to or by the (3.) The provisions of this Act shall apply to

said official trustees or held upon their ment. land vested in the sanitary authority under this

banking account, or for the transfer of any section, in like manner as if it had been acquired 18. Extent of Act.] This Act shall not apply to

stock or securities to or by the said official by the sanitary authority under the general powers Scotland or Ireland.

trustees, are to be signed, authenticated, of this Act.

and carried into effect; and 14. As to combination of parishes and contributory

CAP. XLIX.

(c) the mode in which the business of the said places.] (1.) If expenses under this Act are incurred An Act to amend the Charitable Trusts Acts,

official trustees generally is to be con

ducted : in respect of two or more parishes, such expenses 1853 to 1869, so far as respects the officers of shall be apportioned among those parishes in like

Provided that separate accounts shall continue manner and subject to the like provisions as

the Charity Commissioners for England and to be kept for each charity: special expenses incurred for the common benefit

Wales and the Official Trustees acting under

(3.) The accounts of the said official trustees of two or more contributory places under the

those Commissioners. [16th September 1887. shall be audited by such person and in accordance Public Health Act, 1874, may be apportioned.

Be it enacted, &c. :

with such regulations as the Treasury from time

to time appoint and prescribe. (2.) Where in a rural district any area other

1. Short title.] This Act may be cited as the than a parish is a contributory place for the pur- Charitable Trusts Act, 1887, and shall be con

(4.) A regulation under this section, or an order poses of the Public Health Act, 1875, this Act

made under any such regulation, shall be a com. strued as one with the Charitable Trusts Acts, shall apply to such contributory place as if it were

plete indemnity to the Governor and Company of 1853 to 1869, and, together with those Acts, may the Bank of England, and all companies and per a parish, and the expression parish” in this Act be cited as the Charitable Trusts Acts, 1853 to sons, for any act done pursuant to such regulation shall not include any parish wholly or partly

1887. within such contributory place, and the parliamen.

or order, and the said Governor and Company, and tary electors for the contributory place shall be the The Charity Commissioners for England and regulation or order.

2. Appointment of assistant commissioners.] (1.) other companies and persons, shall conform to such person's registered in any list of parliamentary elecforcefor any parish wholly in such contributory may from time to time with the approval in each charity lands to take and hold land.] The official

5. Declaration as to power of official trustee of

Act

deemed always to have been authorised to take and Schedule to this Act are hereby re pealed to the
hold all such land and estate or interest in land, extent in the third column of that schedule men.
as, in pursuance of an order of the board, is tioned: Provided that
conveyed to or vested in him by any dead or (a.) this repeal shall not affect anything already
assurance or otherwise.

done or suffered, or the tenure, salary, or

powers of any officer holding office at the 6. Repeal.] The Acts specified in the Second passing of this Act;

(6.) this repeal, so far as regards the official

trustees of charitable funds, shall take effect on the date on which regulations under this Act in relation to such trustees come into operation.

SCHEDULES.

FIRST SCHEDULE.
SECTIONS OF CHARITABLE TRUSTS ACTS RELATING TO INSPECTORS AND APPLIED TO ASBISTANT COMMISSIONERS.

[blocks in formation]
[blocks in formation]

So much of section one as relates to the inspectors ; section four, sec

tion fifty-one down to "charitable funds and" inclusive, and section fifty-two down to the words “each separate charity and”

inclusive. Section three ; in section four the words "or in his absence, of the

chief clerk”; in section five the words “or in his absence, of the chief clerk"; section seventeen ; in section eighteen the word

present," and the words “to be so appointed"; section twenty, from the words " and the secretary” inclusive to end of section ; section twenty-four, from “and the said trustees” inclusive to end

of section. In section seventeen the words " appointed under or in pursuance of

the first or secondly recited Act."

[blocks in formation]

CAP. L.
whether in relation to the Crown or otherwise, or ceedings pending at the commencement of

this Act; and
An Act to apply a sum out of the Consolidated the holding of any inquest of office not otherwise
Fund to the service of the year ending on
regulated by law.

(2.) Any such proceeding may be carried on in (2.) Such rules shall provide that an inquieition like manner as if this Act had not been the thirty-first day of March one thousand touching real estate shall find of whom the real eight hundred and eighty-eight, and to

passed ; and estate was held, and that every inquisition shall be (3.) Except so far as may be otherwise directed appropriate the Supplies granted in this forthwith returned in the central office of the

by rules under this Act, any procedure or Session of Parliament.

Supreme Court of Judicature, and that every practice heretofore in use under the pro[16th September 1887. person aggrieved by any such inquisition shall be visions of any Act hereby repealed or other

entitled to traverse the same, or to object thereto, wise may be used as if this Act had not been CAP. LI.

in such manner as may be from time to time passed. An Act to amend the Valuations of Lands directed by rules of court.

SCHEDULE. (Scotland) Amendment Act, 1867.

(3.) Subject to the provisions of section six of the Intestates Estates Act, 1884 [47 & 48 Vict. c.

This schedule is to be read as referring to the [16th September 1887. 71], no grant shall be made of any real estate Revised Edition of the Statutes prepared under

alleged to be escheated until after the inquisition the direction of the Statute Law Committee. CAP. LII.

finding the title thereto has been returned to the The chapters of the Statutes (before the An Act to amend the Secretary for Scotland central office of the Supreme Court of Judicature. division into separate Acts) are described by the Act, 1885. [16th September 1887.

(4.) An inquisition shall not prejudice any marginal abstracts given in that edition. rights which, at the time of the death of the The repeal by the present Act of a part of a

statute set out or referred to in terms of the trane. CAP. LIII.

person that led to the inquisition, were vested in
some other person.

lation given in that edition is to operate on the An Act for repealing certain Enactments re (5.) If the inquisition does not find of whom original Latin or Norman. French, of which the lating to Escheators and the Procedure in the real estate was held, any person aggrieved translation is set out or referred to, as if the cases of Escheat; and for regulating the shall be entitled to obtain from the High Court an original itself were in like manner set out or reProcedure in such cases.

ferred to. order for the taking of another inquisition.

(6.) This Act shall apply to inquiries into the A description or citation of a portion of an Act [16th September 1887. Whereas most of the enactments relating to Lancaster, with this qualification, that any rules first or last mentioned, or otherwise referred to as

title of Her Majesty in right of Her Duchy of is inclusive of the words, section, or other part, the Crown in cases of escheat are now practically by the Chancellor of the Duchy of Lancaster with tricheators and the process of tinding the title of which may be made under this Act shall be made forming the beginning, or as forming the end of

the portion comprised in the description or citainoperative, and it is expedient to repeal them, the approval of the Lord Chancellor.

tion. and to authorise rules to be made for regulating

29 Edw. 1. A statute for escheators, the procedure in such cases :

(7.) All rules made under this section shall be

14 Edw. 3. Escheators: their number; appointBe it therefore enacted, &c. : laid before Parliament within three weeks after

Stat 1. c. 8. ment; continuance in office ; they are made, if Parliament is then sitting, and

Coroners: their sufficiency. 1. Short title.] This Act may be cited as the if Parliament is not then sitting, within three

In part: namely, except so far as Escheat (Procedure) Act, 1887. weeks after the beginning of the then next session

relates to Coroners. 2. Power to regulate procedure with respect to escheats of Parliament, and shall be judicially noticed, and

25 Edw. 3. Declaration what offences shall be to Crown.] (1., The Lord Chancellor may from time shall have effect as if enacted by this Act.

Stat. 5. c. 2. adjudged treason, &c. to time, with the assent of the Treasury, make 3. Repeal.] The Acts mentioned in the schedule

In part, namely: from “ and if in Jules for the procedure on and incidental to and to this Act are hereby repealed to the extent in

such case" to end of chapter. consequential on the holding of inquiries into the that schedule mentioned.

36 Edw. 3. Escheators shall have no fee of title of Her Majesty in right of the Crown, or the Provided that

lands in wards, nor commit waste. title of the Duke of Cornwall, or of the personage (1.) This repeal shall not affect the validity or

Fine, and triple damages to the for the time being entitled to the possessions of the invalidity of anything done or suffered, or

heir injured. Duchy of Cornwall, to any real estate or any inter any right accrued or liability incurred before

Extended to lands seised by inquest est therein in cases of escheat or alleged escheat, the commencement of this Act, or any pro

of office.

c. 13.

8 Hen.

c. 16.

a

c. 6.

c. 7.

Such inquisitions may be traversed tinue in office for the remainder of his term, in like 10. Duties as to execution of writs.] (1.) A sheriff in Chancery.

manner as if such demise had not taken place. at the request of a person delivering a writ to him The land may be demised to the

for execution shall give a receipt for that writ
tenant until judgment.
4. Qualification of sheriffs.] A person shall not

stating the day of its delivery.
Escheators shall take inquests as
be appointed sheriff nor bailiff of a franchise ex-

(2.) A sheriff shall not return to a writ that he directed by the statute 34 Edw. cept he have sufficient land within his county or

has delivered it to a bailiff of some liberty not 3. c. 13 (a) on penalty of fine and bailiwick to answer the Queen and her people.

heretofore recorded in the Exchequer. imprisonment.

5. Same person not to be chosen twice in three years.] Escheators shall take no inquests A person who has been sheriff of a county for a 11. Duties on receipt of debt to Crown.] (1.) Where

a sheriff or his officer or other person employed in but by persons returned by the whole year shall not within three years next sheriffs in their proper counties; ensuing be appointed sheriff of that county unless collecting by process from any court any debt due on penalty of forty pounds. there is no other person in the county qualified to the Crown receives from any person a sum due

to the Crown he shall give a receipt to such person No lands seised into the King's to fill the office. hands upon inquests shall be let

6. Nomination and appointment of sheriffs.] (1.) for that sum; and the sheriff, at the next account to farm until after inquests re. On the twelfth day of November in every year (or it after a sum due to the Crown has been paid to turmed; if the party grieved that day fall on a Sunday then on the ensuing him or his officer, shall procure the effectual distraverse, the inquests, within a Monday) persons fit to serve as sheriffs shall be charge of the debtor paying the same. month, the lands shall belet to farm nominated for every county at the Royal Courts of

(2.) An officer of a sheriff receiving any such sum to him, as under 36 Ed. 3. c. 13. Justice in the manner that has been heretofore shall account for it to the sheriff, and the sheriff All letters patent to the contrary used and observed, and shall be so nominated by shall give a receipt for such sum. void. the following great officers, namely, the Lord High sheriff and bis heirs, executors, and administrators,

(3) In case of any default under this section, the Escheators shall return offices Chancellor of Great Britain, the Lord High shall be liable to pay any damages suffered by a

found before them within Treasurer, or if there is no Lord High Treasurer; debtor in consequence of such default.
mynth.

the Chancellor of the Exchequer, the Lord 18 Hen. 6. Recital of the statute 8 Hen. 6. c. 16 President and others of Her Majesty's Most 12. Duties as to return of jurors.] A sheriff or

as to grant of lands by the King Honourable Privy Council, and the Lord Chief any officer of a sheriff shall not return in any after office found.

Justice of England, or any two or more of such panel for an inquest or jury any officer or servaut
No grant of lands shall be made great officers, taking to them the judges of Her of the sheriff or of such officer.

by the King, until office found Majesty's High Court of Justice, or any two or
and returned, if the King's title more of them.

13. Duties as to execution of judgment of death.] (1.) be not of record; nor within the (2.) Whenever Her Majesty has duly pricked a

Where judgment of death has been passed upon a month after such return, unless person to be sheriff of a county, the same shall

convict at any court of assize or any sessions of to the traverser.

be forth with notified in the London Gazette ; and oyer and terminer or gaol delivery held for any 18 Hen. 6.

Esheators not duly returning offices a warrant in the form in the First Schedule to county or riding or division or other part of a shall

pay damages to the King, this Act shall be forthwith made out and signed by county, the sheriff of such county shall be charged &c. above the penalty under the Clerk of the Privy Council and transmitted by with the execution of such judgment, and may

Statute 8 Hen. 6. c. 16.
Treasurer shall be associate with ment of sheriff so made shall be of the same
him to the person so pricked; and the appoint- carry such judgment into execution in any prison

which is the common gaol of his county or in the Chancellor, &c. 23 Hen. 6.

effect as if made by patent under the Great Seal; which the convict was confined for the purpose of When and where escheators shall and every sheriff so appointed upon making the safe custody prior to his removal to the place c. 16. take inquests :

declaration of office in this Act mentioned shall by where such court was held, aud shall, for the purFees of escheators. Penalty.

virtue of this Act only and without payment of pose of such execution, have the same jurisdiction On traverse of inquest no pro- and authorities usually exercised and enjoyed by judgment is to be carried into execution, whether sheriffs of counties in England.

such prison is or is not situate within his county, Leases to traversers. 1 Hen. 8. c. 8.

(3.) A duplicate of the said warrant shall within and over the officers of such prison, as he has by An Acte agaynst Escheators and ten days after the date thereof be transmitted by law over and in the common gaol of his county

Comyssioners for makinge false the Clerk of the Privy Council to the clerk of the and the officers thereof, or would have had if the retornes of Office and Comyssions. peace of the county for which such person is ap

Prison Act, 1865 (28 & 29 Vict. c. 126]. and the Hen. 8.

An Act that noe Lease shalbe made pointed sheriff and shall be enrolled and kept by Prison Act, 1877 (40 & 41 Vict. c. 21), had not

of Lande seised into the Kinge the said clerk of the peace without fee.

Haude, but in certayne cases. 2 & 3 Edw. 6. An Acte towchinge the findinge of counties of Cornwall, Lancaster, or Middlesex.

(4.). Nothing in this section shall apply to the sponsibility and duties as if the said Acts had

not passed. Offices before the Escheator.

(2.) This section shall be in addition to and not 7. Declaration of office.] (1.) Every sheriff shall, in derogation of any power authorised to be exer.

before he enters on the execution of his office, cised by Order in Council under the Winter CAP. LIV.

make and subscribe a declaration in the form in Assizes Act, 1876 [39 & 40 Vict. c. 57), and the An Act to enable Her Majesty to provide for effect before one of the judges of Her Majesty's either of them, and of the provisions of the Central

the Government of Her Possessions acquired High Court of Justice or before a justice of the Criminal Court (Prisons) Act, 1881 [44 & 45 Vict. by Settlement. [16th September 1887. peace for the county of which he is sheriff.

c. 64].
(2.) Every sheriff shall continue to be and act as
CAP. LV.

sheriff until his successor has made the said declar 14. Duties on arrest of civil debtors.] (1. Where

ation and entered upon office. An Act to consolidate the Law relating to the

an officer being a sheriff, under-sheriff, bailiff, serjeant-at-mace,

or other officer whatsoever office of Sheriff in England, and to repeal

Powers, Duties, and Liabilities.

arrests or has in custody any person by virtue of certain enactments relating to Sheriffs which bave ceased to be in force or have become Every person in a county shall be ready and

8., Powers of sheriff for posse comitatus.] (1.) any action, writ, or attachment for debt, such

officer shall notunnecessary

(16th September 1887. apparelled at the command of the sheriff and at (a.) convey such person without his free consent Be it enacted, &c. : the cry of the country to arrest a felon whether

to any house licensed for the sale of in. within a franchise or without, and in default shall

toxicating liquor, or to the private house of Preliminary. on conviction be liable to a fine, and if default be

such officer or of any tenant or relation of

such officer: nor 1. Short title.) This Act may be cited as the the franchise to the Queen, and if in the bailiff he

found in the lord of the franchise he shall forfeit Sheriffs Act, 1887.

(6.) charge such person with any sum for, or shall be liable besides the fine to imprisonment for

procure him to call or pay for, any liquor, 2. Extent of Act.] This Act shall not extend to not more than one year, or if he have not whereof

food, or thing whatsoever, except what he Scotland or Ireland. to pay the fine, than two years.

freely asks for ; nor (2.) If a sheriff finds any resistance in the execu

(c.) take such person to any prison within Appointment aud Qualification. tion of a writ he shall take with him the power of

twenty-four hours of the time of his arrest, 3. Annual appointment of sheriff and duration of the county, and shall go in proper person to do

unless such person refuses to be carried to office.] (1.) A sheriff shall be annually appointed execution, and may arrest the resisters and commit

some safe and convenient dwelling house of for every county. them to lirison, and every such resister shall be

his own nomination, not being the private (2.) Save as provided by this Act, a sheriff shall guilty of a misdemeanour.

dwelling-house of such person, and being not hold office for more than one year, and a grant

within the borough or town where such after the passing of this Act of the office for more 9. Duties at assizes.] In the time of the assizes a

person was arrested, or if he was not arthan one year shall be void. court of quarter sessions in the county may direct

rested within a borough or town then within (3.) The office of sheriff or of any officer of a ployed to keep order in and within the precincts of a sufficient number of police constables to be em. three miles of the place and in the county

or franchise in which he was arrested ; mise of the Crown, or in Cornwall of the Duchy comply with suche ai rection, but if such direction is for and to have brought to him at reasonable time of Cornwall, but the person holding the office nom piven the sherit shtajnhavet af sufficient number in the day any food &r liquor from what placeringer shall, unless sooner removed or superseded, con(a) Repealed by 42 & 43 Vict. c. 59.

the purpose of to keeping order and of protecting linen, and other necessary things as he has occasion the judges of assize.

for or is supplied with, and shall not purloin or

1

c. 10.

c. 8.

' Journal

,

detain the same or require any payment for the use 20. Fees and poundage.] (1) A sheriff shall be enthereof or restrict the use thereof.

(2.) Every such warrant shall be laid before both titled in respect of all sums due to the Crown, and Houses of Parliament within fourteen days after the (2.) Every court of quarter sessions in a county collected by him under process of any court, to an making thereof if Parliament be sitting, and if shall from time to time make an order allowing allowance upon his accounts of one shilling and rix. Parliament be not sitting then within fourteen days sums which

may be taken from prisoners arrested in pence in the pound for every sum not exceeding one after the next meeting of Parliament. such county on any action, writ, or attachment, in hundred pounds, and of one shilling for every pound (3.) If under any such warrant it is necessary for respect of one or more nights lodging or for a day's exceeding the first hundred pounds.

a sheriff or under-sheriff to take any oath to any diet for other expenses of such person,

and

may (2.) Any sheriff or officer of a sheriff concerned in from time to time vary such order as seems ex

account or any matter relating thereto, such oath, the execution of process directed to the sheriff, other except when the Treasury require his personal pedient.

than process for the recovery of the aforesaid sums examination before the person appointed by them (3.) A copy of every such order signed by the due to the Crown, may demand, take, and receive to audit, may be sworn before any judge of Her clerk of the peace shall be fixed in some conspicuous such fees and poundage as may from time to time be Majesty's High Court of Justice, or before any place in the sessions house or other proper place of fixed by the Lord Chancellor, with the advice and master of the Supreme Court of Judicature, or before the county as the court may order, so that the same consent of the judges of the Court of Appeal and any commissioner for taking oaths in the Supreme may be there seen and examined as occasion may High Court of Justice, or any three of them, and Court of Judicature, or before any justice of the require. with the concurrence of the Treasury.

peace. (4.) For the purpose of making known the pro (3.) Any sheriff or officer of a sheriff, and any (4.) If any officer, clerk, or other person concerned visions of this section a printed copy thereof shall officer arresting or having in custody any person by in the passing of sheriff's accounts by his wilful act be delivered by every sheriff, under-sheriff, secondary virtue of any action, writ, or attachment, shall not or default hinders any sheriff in passing his accounts, of the City of London, and other person entrusted demand or take any reward to do his office, except or obtaining his quietus, he shall make such satisfacwith causing the execution of any writ or attach- such remuneration as is given to the sheriff by the tion to the party aggrieved as may be ordered by ment, to the bailiff, sergeant-at-mace, officer, or Crown, or is given to an officer of the sheriff by the Her Majesty's High Court of Justice or any judge other person employed to execute the same.

sheriff, and such fees and poundage as are above thereof on complaint made in such summary manner (5.) It shall be part of the conditions of every mentioned or are allowed by or in pursuance of any as the said court

may

order. security given to any sheriff, or under-sheriff, by other act, and, sa ve as allowed by this Act, shall not any bailiff, serjeant-at-mace, officer, or other person demand or take directly or indirectly any reward

Under-Sheriff and Officers. employed to execute any writ or attachment under for doing his office or duty or for abstaining there. him that such ! bailiff, serjeant-at-mace, officer, and from, or in respect of the mode in which he does his

23. Obligation to appoint under-sheriff and declaraother person will show a printed copy of this section office or duty.

tion of office by under-sheriff.) (1.) Every sheriff

shall within one month after the notification of his to every person whom he arrests and goes with to (4.) Where a sheriff seizes any personal estate for any house where intoxicating liquor is sold, and also any sum due to the Crown and dies or is superseded his hand, appoint some fit person to be his under

appointment in the London Gazette, by writing under will permit such person or his friend to read over before he has sold the same and his successor sells i sheriff, and shall transmit a duplicate of such written such copy before any liquor or food is called for or the same, the poundage and fees due in respect of the appointment to the clerk of the peace for the county, brought to him, and any breach by such bailiff, seizure and sale shall be apportioned between the which shall be filed by him among the records of his serjeant-at-mace, officer, or person of such condition preceding and subsequent sheriffs in such manner

office. shall be a misdemeanour in the execution of the writ and proportions as a judge of the High Court of or attachment, besides being a breach of the condi- Justice may on application determine, having regard shall be entitled to demand and receive from the

(2.) For filing such duplicate the clerk of the

peace tions of the security. to the expense and trouble that each sheriff had.

under-sheriff such fee as may be from time to time 15. Liability for wrongful imprisonment.] A

Accounts.

fixed in pursuance of the enactments relating to fees person unlawfully imprisoned by a sheriff or any of

of clerks of the peace, and until any fee is so fixed a his officers shall have an action against such sheriff

21. Transmission of accounts of sheriff.] (1) Every fee of five shillings. in like manner as against any other person that sheriff shall within two months after the expiration

(3.) Every under-sheriff shall before he enters on should imprison him without warrant.

of his office, or in case of the death of any sheriff the the execution of his office make a declaration in the 16. Liability for escape.) (1.) If a person in the months next after the death of such sheriff, transmit like effect before one of the judges of Her Majesty's

under-sheriff by him appointed shall within two form in the Second Schedule to this act, or to the custody of the sheriff or any of his officers or of any to the Treasury a just and true account under his High Court of Justice, or before a justice of the other person, either in execution or for non-per. handformance of a judgment or order of the High Court

peace for the county for which such under-sheriff is of Justice, or for contempt of that court or other

(a.) of all eums received by such sheriff for the

appointed. wise in the course of a civil proceeding, escapes out

use of the Crown, and of all sums paid or
claimed by him or on his behalf (including

24. Obligation to appoint deputy resident in London.] of legal custody, such sheriff or other person shall be liable to pay the damages sustained by the person

such sums as bave been usually inserted in Every sheriff shall appoint a sufficient deputy, who at whose suit such prisoner was taken into custody,

the bill of cravings), with all such purticulars shall be resident or have an office within one mile from

the Innor Temple Hall, for the receipt of writs, the and all costs of any action or other proceeding to

as are needful to explain the same, and recover the same, but not any further sum.

(6.) of the names and residences of all persons granting of warrants thereon, the making of returns (2.) A sheriff shall not be liable for the escape of

incurring fines, issues, amerciaments, forfeited thereto, and the acceptance of all rules and orders to

be made on or touching the execution of any proany prisoner when confined in any prison subject to

recognizances, or sums of money which he has

cess or writ to be directed to such sheriff,

been autborised to levy by virtue of any writ the Prison Act, 1887. [40 & 41 Vict. c. 21. s. 31.] issued to him or to any predecessor in office, 25. Execution of office by under sheriff on death or

17. Disability to act as justice of the peace.) A and if the same have not been levied, the suspension of sheriff.). (1.) Where the sheriff of a person shall not, while he is sheriff of a county, act causes of their not having been levied ; county dies before the expiration of his year of as a justice of the peace for that county, and if he and the Treasury may grant a warrant for the allow- office, or before he is lawfully superseded, the underdoes so act, all his acts done as such justice of the ance of the sums so paid or claimed in the account, sheriff by him appointed shall nevertheless continue peace shall be void.

or for the payment of such sum of noney in respect in office, and shall until another sheriff be appointed 18. Holding of courts.] (1.) A sheriff shall not be thereof as they may think reasonable:

for the said county and has made the declaration of bound to hold a county court except where the

(2.) Provided as follows :

office, execute the office of sheriff, in the name of the holding of such court is required for the purpose of

(a.) a sheriff or under-sheriff shall not be im- deceased sheriff, an å be answerable for the execution an election or of the due execution of some writ or prisoned upon any process for not finishing of the said office as the deceased sheriff would by for any other specific purpose, in which case he shall

his accounts in due time, or for any contempt law have been if living; and the security given to hold a court at the time fixed for such purpose by

or neglect in relation to his accounts, except the sheriff so deceased by the said under-sheriff and law or by such writ, or if no time is so fixed, as

by a warrant naming such sheriff or under his pledges shall remain and be a security to the soon as is reasonably practicable after he is informed sheriff and specifying his offence, and issued Crown and to all persons whomsoever for such underof the necessity for holding such court, or receives

by one of the judges of the High Court of sheriff's due execution of the offices of sheriff and such writ, and where more than one court is required

Justice ;

under-sheriff. to be held for any such purpose, he shall hold courts

(6) an under-sheriff shall not be personally re (2) When it becomes the duty of an under-sheriff at intervals not exceeding one month from each

sponsible for any sum received by a deceased to act as sheriff under the provisions of this section sheriff, but the same shall be answered by the he may by writing under his hand appoint a deputy.

26. (2.) A sheriff's county court shall be held at the

representatives of the deceased sheriff or Declaration by Bailiffs, fr] Every deputy place heretofore appointed or authorised by law, or

otherwise in due course of law; and

bailiff and officer of a sheriff or under-sheriff, and at such other place as the sheriff may from time to

(c.) nothiog in this section shall alter the right of every other person who has authority or takes upon time fix with the consent of the authority having any body corporate or person under any charter himself to impanel or return any inquest, jury, or for the time being power to divide the county into

to receive any fines or other sums.

tales, or to intermeddle with the execution of writs polling districts for the purpose of parliamentary

issued by any court of record, shall before he does

22. Audit of accounts of sheriff.] (1.) All acelections.

so make a declaration (which shall be exempt from A sheriff shall not hold pleas of the Crown, transmited to the Treasury under this Act shall be stamp duty) in the form in the second schedule to

this Act, or to the like effect before any judge of the and shall not under any commission or writ take examined and audited by such persons and in such any inquest whereby any person is indicted. (4.) The sheriff's tourn is hereby abolished. manner as the Treasury may from time to time by High Court of Justice or justice of the peace for the

county or borough in which he exercises such ho Letting of county.] (1.) A hundred or wapen- rant make such provisions in relation to the trans- authority. tako shall not as respects the powers and duties of mission, examination, verification, and audit of such 27. Sale of offices prohibited.] (1.) A person shall sheriffs be severed from the county.

accounts, and for ascertaining and determining the not directly or indirectly by himself or by any person (2.) A sheriff shall not let to ferm his county or balances due from and the discharge of the persons in trust for him or for his use buy, sell, let, or take to any part thereof. accounting, as to the Treasury may seem proper.

ferm the office of under-sheriff, deputy-sheriff, bailiff,

other.

« PreviousContinue »