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expiration of his tenancy, remove any fruit and other trees and bushes planted or acquired by him, for which he has no claim for compensation.

8 Recovery of rent and possession of allotments.] (1.) The rent for an allotment let in pursuance of this Act, and the possession of such allotment in the case of any notice to quit, or failure to deliver up possession of the same as required by law, may be recovered by the sanitary authority as landlords, in the like manner as in any other case of landlord and tenant.

(2.) If the rent for any allotment is in arrear for not less than forty days, or if it appears to the sanitary authority that the tenant of an allotment not less than three months after the commencement of the tenancy thereof has not duly observed the regulations affecting such allotment made by or in pursuance of this Act, or is resident more than one mile out of the district or parish for which the allotments are provided, the sanitary authority may serve upon the tenant, or if he is residing out of the district or parish, leave at his last known place of abode in the district or parish, or fix in some conspicuous manner on the allotment, a written notice determining the tenancy at the expiration of one month after the notice has been so served or affixed, and thereupon such tenancy shall be determined accordingly: Provided that in every such case the sanitary authority in default of agreement between the incoming and outgoing tenant shall on demand pay to the tenant whose tenancy is so determined any compensation due to him as an outgoing tenant; and such compensation shall be assessed by an arbitrator appointed by the sanitary authority, or, if the tenant so elect, either by an arbitrator appointed under the Allotments and Cottage Garders Compensation for Crops Act, 1887 [50 & 51 Viet c. 26], or by a reference under the Agricultural Holdings (England) Act, 1883 [46 & 47 Vict. c 61].

(3.) Upon the recovery of an allotment from any tenant, the court or justice directing the recovery may stay delivery of possession until payment of the compensation, if any, due to the outgoing tenant has been made or secured to the satisfaction of the court or justice.

9. Election of allotment managers.] (1.) Where allotments have been provided under this Act for a parish in any rural district, a petition to the sanitary authority may be presented by a number of the electors of allotment managers in such parish, not being less than one-sixth of the whole number of such electors, praying for the election of allotment managers in such parish, and thereupon the sanitary authority shall order such election, and the allot ment managers so elected shall be the allotment managers of the allotments in such parish in lieu of allotment managers appointed by the sanitary authority, who, on an election under this Act, shall cease to hold office.

(2) The first election shall be held on such day as may, subject to the regulations hereafter mentioned, be fixed by the said authority.

(3) The number of allotment managers in each case shall be such (not being less than three nor more than five) as the sanitary authority may fix, and the quorum shall be three, or, if the number of managers is less than five, be two.

(4.) The allotment managers shall retire triennially on such day as may be prescribed by the regulations hereinafter mentioned, and the allotment managers first elected shall retire on the day for retirement which occurs next after the expiration of three years after the day fixed for their

election.

(5.) Any casual vacancy among the allotment managers which occurs by death, resignation, disqualification, or otherwise, may, if there remains a quorum of allotment managers, be filled up by such managers, but the person elected to fill the vacancy shall hold office only for the same time as the vacating manager would have done.

(6.) If at any time by reason of a failure of election, either by electors or allotment managers, or of any other cause, there is no allotment manager, or no quorum of allotment managers in any parish, the sanitary authority shall appoint allotment managers under this Act in that parish, and shall continue to appoint the same until another petition for the election of allotment managers is presented under this section.

(7.) The electors of allotment managers shall be the parliamentary electors in the parish, that is to say, the persons registered in any list of parliamentary electors for the parish as entitled to vote at an election of a member to serve in Parliament, and an elector shall not give more than one vote for any candidate nor vote for more candidates than the number to be elected.

tion of the Public Health Act, 1875 [38 & 39 Vict c. 55]; and

(b.) in the case of a rural sanitary authority a

special expenses incurred in the execution of the Public Health Act, 1875, and such expenses shall be charged to the parish on account of which the land was acquired. (2.) Section two hundred and ninety-eight of the Public Health Act, 1875, with respect to costs of Provisional Orders, shall apply to costs incurred by a sanitary authority in relation to Provisional Orders under this Act.

(8.) The election of allotment managers shall be held at such time, and in such manner, and in accordance with such regulations as the Local Government Board may from time to time by order prescribe; and the Local Government Board may (3.) All sums received by a sanitary authority in make regulations respecting the duties of the respect of any land acquired under this Act, otherreturning officer, and the expenses of the election, wise than from any sale or exchange, shall be and may do and make regulations respecting all applied in aid of the expenses incurred by them such things as appear to them necessary or proper in respect of such land, and so far as they are not for carrying into effect this section, whether pre-required for the payment of those expenses, shall liminary or incidental to such election, and for be applied in aid of the general and special expenses applying to such election any enactmants respecting above in this section mentioned, and in the case of offences at the election of guardians, and may re- a rural sanitary authority shall be credited to the voke or alter any previous order under this section: parish on account of which the land was acquired. Provided as follows:

(a.) Such guardian or overseer of the parish, or
other person as the sanitary authority may
appoint, shall be the returning officer;
(b.) A poll, if demanded, shall be taken by ballot,
and the said regulations shall provide for the
application to such polt of the Ballot Act,
1872 [35 & 36 Vict. c. 33], including the
provisions for punishing offences;
(c.) The poll shall be held on one day only, and
shall close at eight o'clock in the evening,
and shall be open for at least the period from
five to eight o'clock in the evening;
(d.) The returning officer shall not vote except in
the case of an equality of votes between any

candidates, in which case he shall have a
casting vote;

(4.) The sanitary authority may borrow for the purposes of acquiring, improving, and adapting the like conditions as for the purpose of defraying land under this Act in like manner and subject to the above-mentioned general and special expenses; and all sums payable by the sanitary authority in respect of principal or of interest on any money so borrowed shall be defrayed in manner provided by this section respecting expenses incurred under this Act in respect of such land.

(5.) Sections two hundred and thirty-three, two hundred and thirty-four, and two hundred aud thirty-six to two hundred and thirty-nine both inclusive, of the Public Health Act, 1875 [38 & 39 rity, and sections two hundred and forty-two and Vict. c. 55], relating to borrowing by a local authotwo hundred and forty-three of the same Act, relating to loans by the Public Works Loan Com missioners to a local authority, shall apply to a loan for the purposes of this Act to a sanitary authority in like manner as if they were here in re-enacted and in terms made applicable thereto.

(e) Any ballot boxes, instruments, fittings, and compartments provided by any public authority for parliamentary, municipal, or school board elections, or belonging to any pub. lic authority for the purpose of elections, shall be lent to the returning officer on his request (6.) Separate accounts shall be kept of the 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 allotfree of charge or for such reasonable chargement managers and other persons acting under as may be prescribed by regulations under this Act, and such accounts shall be audited in like manner, and with the like incidents and consethis section; (f.) The returning officor may, except during quences as the accounts of the other receipts and ordinary school hours, use free of charge for expenditure of the sanitary authority and their 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 any room in a school receiving a grant out of as the accounts of officers of the sanitary authority. moneys provided by Parliament, and any room the expense of maintaining which is payable out of any rate in the parish, but he shall make good any damage done to the room, and defray any expense incurred by the person or body of persons, corporate or unincorporate, having control over the room, on account of its being so used. (9) An election under this section shall not be questioned except in such manner as may be prescribed by regulations under this section, and the regulations may apply to such election any enactments respecting the questioning of an election of guardians.

(10.) If an allotment manager is punished with imprisonment for any crime, or is adjudged a bankrupt, or enters into a composition or arrangement with his creditors, or ceases to reside in, or in the neighbourhood of, the parish, or absents himself for twelve months from all meetings of the allotment managers, except for temporary illness or other cause, to be approved by such managers, or is a tenant of any allotment under the management of the managers, he shall cease to be an allotment manager, and his office shall be vacant, and a person who, if elected, would by virtue of this enactment cease, otherwise than by reason of absence from meetings, to be a manager, shall not be qualified to be elected a manager, but, save as aforesaid, any retiring manager shall be eligible for re-election.

10 Expenses and receipts.] (1.) All expenses
incurred by a sanitary authority under this Act,
including allowances to officers of such authority for
duties under this Act, shall be defrayed-

(a.) in the case of an urban sanitary authority as
part of the general expenses of their execu-

11. Sale of superfluous or unsuitable land.] (1.) Where the sanitary authority are of opinion that any land acquired by them in pursuance of this Act or any part thereof is no longer needed for the purpose of allotments, or that any other land more suitable for such purpose is available, they may, with the sanction of the county authority, sell or let such land or part, or exchange the same for other land more suitable for the said purpose, and may pay or receive money for equality of exchange.

(2) The proceeds of a sale under this section and any money received by the sanitary authority on any such exchange as aforesaid by way of equality of exchange, shall be applied in discharging, either by way of a sinking fund or otherwise, the debts and liabilities of the sanitary authority in respect of the land acquired under this Act, or in acquiring, adapting, and improving other land for allotments under this Act, and any surplus remaining may be applied for any purpose for which capital money may be applied, and which is approved by the Local Government Board; and the interest thereon (if any) and any money received from the letting of the land may be applied in acquiring other land for allotments, or shall be applied in like manner as receipts from allotments under this Act are applicable: Provided that any such proceeds, surplus, interest, and money shall, in the case of a rural sanitary district, be credited to or applied for the benefit of the parish for which the land was purchased.

(3.) Sections one hundred and twenty-eight to one hundred and thirty-two (both inclusive) of the Lands Clauses Consolidation Act, 1845 (relating to the right of pre-emption of superfluous lands) shall apply upon any sale by a sanitary authority in pursuance of this section of any land, whether

because it is no longer needed for the purpose of allotments, or because other land more suitable for the purpose is available, but save as aforesaid, the provisions of the Lands Clauses Consolidation Act, 1815, with respect to the sale of superfluous lands, sball not be deemed to be incorporated in this Act, or in any Provisional Order made under this Act.

in respect of any qualitication situate in such con. tributory place.

(3) Where a district or parish forms part of more than one county, it shall be deemed for the purposes of this Act to be situate wholly in that county which comprised, according to the last published census for the time being, the largest portion of the in the county in which the largest part of the area such population is not specified in such census, then of such district or parish is situate, and any doubt shall be determined by the Local Government

Treasury (in this Act referred to as the Treasury) appoint assistant commissioners, aud may remove any such assistant commissioner.

(2.) The number and salaries of the assistant commissioners under this Act shall be such as the Treasury may from time to time sanction.

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

pasture.] Where it appears to any sanitary authority that, as regards their district, if urban, or any parish in their district, if rural, land can be ac

quired for affording common pasture at such price which may arise under this section as to the county this Act, shall have effect as if "assistant com

or rent that all expenses incurred by the sanitary authority in acquiring the land and otherwise in relation to the land when acquired may reasonably be expected to be recouped out of the charges paid in respect thereof, and that the acquisition of such land is desirable in view of the wants and circum. stances of the labouring population, such sanitary authority may submit to the county authority for the county in which the district or parish is wholly or partly situate a scheme for providing such common pasture, and the county authority, if satisfied of the expediency of such scheme, may by order authorise the sanitary authority to carry it into effect, and upon such order being made this Act shall, with the necessary moditications, apply in like manner as if "allotments" in this Act included common pasture, and "rent" included a charge for turning out an animal.

Provided that the regulations made under this Act may extend to regulating the turning out of animals on the common pasture, to defining the persons entitled to turn them out, the number to be turned out, and the conditions under which animals may be turned out, and fixing the charges to be made for each animal, and otherwise to regulating the common pasture.

13. Power for allotment wardens or allotment trustees to transfer to sanitary authority.] (1.) The allotment wardens under the Inclosure Act, 1845

[8 & 9 Vict. c. 119], and the Acts amending the same, having the management of any land appropriated under the said Acts either before or after the passing of this Act for allotments or field gardens for the labouring poor of any place, made by agreement with any sanitary authority within whose district such place is wholly or partly situate, transfer the management of such land to the sanitary authority, upon such terms and conditions as may be agreed upon with the sanction, as regards the said allotment wardens, of the Land Commissioners for England, and thereupon such land shall vest in the sanitary authority.

(2) All trustees within the meaning of the Allotments Extension Act, 1882 [45 & 46 Vict. c. SO], required or authorised by that or any other Act to let lands in allotments to cottagers, labourers, journey men, or others in any place may, if they think fit, in lieu of letting such land in manner provided by the said Acts, sell or let such land to the sanitary authority of the district in which such place is wholly or partly situate, upon such terms as may be agreed upon, with the sanction, as regards the said trustees, of the Charity Commissioners for England and Wales.

(3) The provisions of this Act shall apply to land vested in the sanitary authority under this section, in like manner as if it had been acquired by the sanitary authority under the general powers

of this Act.

14. As to combination of parishes and contributory places.] (1.) If expenses under this Act are incurred in respect of two or more parishes, such expenses shall be apportioned among those parishes in like manner and subject to the like provisions as special expenses incurred for the common benefit of two or more contributory places under the Public Health Act, 1874, may be apportioned.

(2.) Where in a rural district any area other than a parish is a contributory place for the purposes of the Public Health Act, 1875, this Act shall apply to such contributory place as if it were a parish, and the expression parish" in this Act shall not include any parish wholly or partly within such contributory place, and the parliamentary electors for the contributory place shall be the persons registered in any list of parliamentary electors for any parish wholly in such contributory place, or for any parish partly therein, if registered

Board.

Two or more parishes immediately adjoining each other may make a representation under this Act, and a sanitary authority of a rural district may take proceedings in respect of such parishes as if they were a single parish.

15. Register of tenancies.] The sanitary authority shall cause a register to be kept showing the particulars of the tenancy, acreage, and rent of every allotment let, and of the unlet allotments, and such register shall be open to the examination of ratepayers in the urban district or the parish for which the allotments have been provided, in such manner as may be prescribed by the regulations made under this Act by the sanitary autority, and any ratepayer of such district or parish, without paying any fee, may take copies of or extracts from such register, and within one month after the twenty-fifth day of March in every year shall cause an annual statement showing their receipts and expenditure under this Act in respect of the year ending on that day, and their liabilities ontstanding on that day, to be deposited at some convenient place in the district, if urban, or the parish to which the statement relates if the district is rural, and any ratepayer may without fee inspect and take copies of such statement.

16. Definition of county authority. For the purposes of this Act "county authority" shall be any representative body elected by the inhabitants of the county which may be established under any Act of any future session of Parliament, and until such representative body is established the powers and duties of the county authority under this Act shall be exercised and performed by the Local Government Board, and the provisions of this Act and of the enactments incorporated with this Act shall accordingly be construed with the necessary modification.

17. Definitions.] In this Act, unless the context otherwise requires

The expression "allotment" includes a field garden.

The expressions "urban district" and "rural district" mean respectively an urban and rural sanitary district within the meaning of the Public Health Act, 1875.

The expression "sanitary authority" means the urban sanitary authority of an urban sanitary district and the rural sanitary authority of a rural sanitary district within the meaning of the Public Health Act, 1875.

The expression "land" includes pasture, arable, and other land, and any right of way or easement.

18. Extent of Act.] This Act shall not apply to Scotland or Ireland.

CAP. XLIX.

An Act to amend the Charitable Trusts Acts, 1853 to 1869, so far as respects the officers of the Charity Commissioners for England and Wales and the Official Trustees acting under those Commissioners. [16th September 1887. Be it enacted, &c. :

1. Short title.] This Act may be cited as the Charitable Trusts Act, 1887, and shall be construed as one with the Charitable Trusts Acts, 1853 to 1869, and, together with those Acts, may be cited as the Charitable Trusts Acts, 1853 to

1887.

2. Appointment of assistant commissioners.] (1.) The Charity Commissioners for England and Wales (in this Act referred to as "the Board") may from time to time with the approval in each case of the Commissioners of Her Majesty's

(3.) Each assistant commissioner under this under the Charitable Trusts Acts, 1853 to 1869, and the sections of the Charitable Trusts Acts, 1853 to 1869, svecified in the First Schedule to missioner" or "asɛistant commissioners " were therein substituted for spectors," as the case may be, and each assistant inspector" or "incommissioner acting under the authority of the Board may exercise the said powers for any purpose of or incidental to any duties imposed on the Board by Parliament under any present or future Act.

(4.) The power of appointing inspectors under the Charitable Trusts Acts, 1853 to 1869, shall

cease.

3. Provision for absence of secretary.] The signature of any officer of the Board (whether assistant secretary or other) who for the time being is authorised by an order of the Board signed by two Commissioners to act on behalf of the secretary of the Board shall, for all purposes of the Charitable Trusts Acts, 1853 to 1869, or any other enactment, be as valid as the signature of the secretary; and a reference in any enactment to the signature of the secretary shall include a reference to the signature of such officer, and any document signed by an officer expressed to be so authorised shall be received in evidence without proof of the authority.

to

4. Amendment of Charitable Trusts Acts as official trustees of charitable funds.] (1.) From and after the date fixed by a regulation under this with the approval of the Treasury from time to section, such officers of the Board as the Board time appoint shall, in lieu of the persons mentioned in the Charitable Trusts Amendment Act, 1855, be the official trustees of charitable funds;

Provided that any inspector or officer of the Board, who at the passing of this Act is official trustee of charitable funds, and is not, after the passing of this Act, appointed to be official trustee shall, while he continues to hold his inspectorship or office, receive not less salary than he received while official trustee.

(2.) From and after the said date, notwithstanding anything in the Charitable Trusts Acts, 1853 to 1869, the Treasury may, by regulations to be made or approved by them, from time to time pre

scribe:

(a) the accounts to be kept by the said official trustees and the mode in which and the persons by whom such accounts and the banking accounts, and any other accounts required by the Charitable Trusts Acts, 1853 to 1869, to be kept by or on behalf of the official trustees of charitable funds, are to be kept;

(b) the mode in which orders authorised by law for the payment of any money to or by the said official trustees or held upon their banking account, or for the transter of any stock or securities to or by the said official trustees, are to be signed, authenticated, and carried into effect; and

(c) the mode in which the business of the said official trustees generally is to be conducted:

Provided that separate accounts shall continue to be kept for each charity.

(3.) The accounts of the said official trustees shall be audited by such person and in accordance with such regulations as the Treasury from time to time appoint and prescribe.

(4.) A regulation under this section, or an order made under any such regulation, shall be a complete indemnity to the Governor and Company of the Bank of England, and all companies and persons, for any act done pursuant to such regulation or order, and the said Governor and Company, and other companies and persons, shall conform to such regulation or order.

5. Declaration as to power of official trustee of charity lands to take and hold land.] The official trustee of charity lands shall be authorised and be

' Journal

,

deemed always to have been authorised to take and hold all such land and estate or interest in land, as, in pursuance of an order of the board, is conveyed to or vested in him by any deed or assurance or otherwise.

6. Repeal.] The Acts specified in the Second

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SECTIONS OF CHARITABLE TRUSTS ACTS RELATING TO INSPECTORS AND APPLIED TO ASSISTANT COMMISSIONERS.

Title of Act.

The Charitable Trusts Act, 1853

The Charitable Trusts Amendment Act, 1855

The Charitable Trusts Act, 1860

The Charitable Trusts Act, 1869

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CAP. L. An Act to apply a sum out of the Consolidated Fund to the service of the year ending on the thirty-first day of March one thousand eight hundred and eighty-eight, and to appropriate the Supplies granted in this Session of Parliament.

[16th September 1887. CAP. LI.

An Act to amend the Valuations of Lands (Scotland) Amendment Act, 1867.

Part repealed.

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."

whether in relation to the Crown or otherwise, or
the holding of any inquest of office not otherwise
regulated by law.

touching real estate shall find of whom the real
(2.) Such rules shall provide that an inquisition
estate was held, and that every inquisition shall be
forthwith returned in the central office of the
Supreme Court of Judicature, and that every
person aggrieved by any such inquisition shall be
entitled to traverse the same, or to object thereto,
in such manner as may be from time to time
directed by rules of court.

(3.) Subject to the provisions of section six of
the Intestates Estates Act, 1884 [47 & 48 Vict. c.
[16th September 1887. 71], no grant shall be made of any real estate
alleged to be escheated until after the inquisition
CAP. LII.
finding the title thereto has been returned to the
central office of the Supreme Court of Judicature.
(4.) An inquisition shall not prejudice any
rights which, at the time of the death of the
person that led to the inquisition, were vested in
some other person.

An Act to amend the Secretary for Scotland
Act, 1885.
[16th September 1887.
CAP. LIII.
An Act for repealing certain Enactments re-
lating to Escheators and the Procedure in
cases of Escheat; and for regulating the
Procedure in such cases.

[16th September 1887. Whereas most of the enactments relating to escheators and the process of finding the title of the Crown in cases of escheat are now practically inoperative, and it is expedient to repeal them, and to authorise rules to be made for regulating the procedure in such cases:

Be it therefore enacted, &c. :

1. Short title.] This Act may be cited as the Escheat (Procedure) Act, 1887.

2. Power to regulate procedure with respect to escheats to Crown.] (1.) The Lord Chancellor may from time to time, with the assent of the Treasury, make rules for the procedure on and incidental to and consequential on the holding of inquiries into the title of Her Majesty in right of the Crown, or the title of the Duke of Cornwall, or of the personage for the time being entitled to the possessions of the Duchy of Cornwall, to any real estate or any interest therein in cases of escheat or alleged escheat,

(5.) If the inquisition does not find of whom the real estate was held, any person aggrieved shall be entitled to obtain from the High Court an order for the taking of another inquisition.

(6.) This Act shall apply to inquiries into the title of Her Majesty in right of Her Duchy of Lancaster, with this qualification, that any rules which may be made under this Act shall be made by the Chancellor of the Duchy of Lancaster with the approval of the Lord Chancellor.

ceedings pending at the commencement of this Act; and

(2.) Any such proceeding may be carried on in like manner as if this Act had not been passed; and

(3.) Except so far as may be otherwise directed by rules under this Act, any procedure or practice heretofore in use under the provisions of any Act hereby repealed or otherwise may be used as if this Act had not been passed.

SCHEDULE.

This schedule is to be read as referring to the Revised Edition of the Statutes prepared under the direction of the Statute Law Committee.

The chapters of the Statutes (before the division into separate Acts) are described by the marginal abstracts given in that edition.

The repeal by the present Act of a part of a statute set out or referred to in 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 re

ferred to.

A description or citation of a portion of an Act is inclusive of the words, section, or other part, first or last mentioned, or otherwise referred to as forming the beginning, or as forming the end of the portion comprised in the description or citation.

29 Edw. 1.

(7.) All rules made under this section shall be 14 Edw. 3.

Stat 1. c. 8.

laid before Parliament within three weeks after
they are made, if Parliament is then sitting, and
if Parliament is not then sitting, within three
weeks after the beginning of the then next session
of Parliament, and shall be judicially noticed, and 25 Edw. 3.

shall have effect as if enacted by this Act.

3. Repeal.] The Acts mentioned in the schedule to this Act are hereby repealed to the extent in that schedule mentioned.

Provided that

(1.) This repeal shall not affect the validity or
invalidity of anything done or suffered, or
any right accrued or liability incurred before
the commencement of this Act, or any pro-

Stat. 5. c. 2.

36 Edw. 3.
c. 13.

A statute for escheators.
Escheators: their number; appoint-
ment; continuance in office;
Coroners: their sufficiency.
In part: namely, except so far as
relates to Coroners.

Declaration what offences shall be
adjudged treason, &c.

In part, namely: from "and if in such case" to end of chapter. Escheators shall have no fee of lands in wards, nor commit waste. Fine, and triple damages to the heir injured.

Extended to lands seised by inquest of office.

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Such inquisitions may be traversed in Chancery.

The land may be demised to the tenant until judgment. Escheators shall take inquests as directed by the statute 34 Edw. 3. c. 13 (a) on penalty of fine and imprisonment. Escheators shall take no inquests but by persons returned by the sheriffs in their proper counties; on penalty of forty pounds. No lands seised into the King's hands upon inquests shall be let to farm until after inquests returned; if the party grieved traverse the inquests, within a month, the lands shall be let to farm to him, as under 36 Ed. 3. c. 13. All letters patent to the contrary Escheators shall return offices

void.

found before them within month.

a

Recital of the statute 8 Hen. 6. c. 16 as to grant of lands by the King after office found. No grant of lands shall be made by the King, until office found and returned, if the King's title be not of record; nor within the month after such return, unless to the traverser. Esheators not duly returning offices shall pay damages to the King, &c. above the penalty under

tinue in office for the remainder of his term, in like manner as if such demise had not taken place.

4. Qualification of sheriffs.] A person shall not be appointed sheriff nor bailiff of a franchise except he have sufficient land within his county or bailiwick to answer the Queen and her people.

5. Same person not to be chosen twice in three years.] A person who has been sheriff of a county for a whole year shall not within three years next ensuing be appointed sheriff of that county unless there is no other person in the county qualified to fill the office.

6. Nomination and appointment of sheriffs.] (1.) On the twelfth day of November in every year (or if that day fall on a Sunday then on the ensuing Monday) persons fit to serve as sheriffs shall be nominated for every county at the Royal Courts of Justice in the manner that has been heretofore used and observed, and shall be so nominated by the following great officers, namely, the Lord High Chancellor of Great Britain, the Lord High Treasurer, or if there is no Lord High Treasurer, the Chancellor of the Exchequer, the Lord President and others of Her Majesty's Most Honourable Privy Council, and the Lord Chief Justice of England, or any two or more of such great officers, taking to them the judges of Her Majesty's High Court of Justice, or any two or more of them.

(2.) Whenever Her Majesty has duly pricked a person to be sheriff of a county, the same shall be forthwith notified in the London Gazette; and a warrant in the form in the First Schedule to this Act shall be forthwith made out and signed by the Clerk of the Privy Council and transmitted by him to the person so pricked; and the appointment of sheriff so made shall be of the same effect as if made by patent under the Great Seal; and every sheriff so appointed upon making the declaration of office in this Act mentioned shall by virtue of this Act only and without payment of any fee have and exercise all powers, privileges, On traverse of inquest no pro- and authorities usually exercised and enjoyed by sheriffs of counties in England.

Statute 8 Hen. 6. c. 16. Treasurer shall be associate with the Chancellor, &c. When and where escheators shall take inquests:

Fees of escheators.
Penalty.

tection in scire facias.
Leases to traversers.

An Acte agaynst Escheators and
Comyssioners for makinge false
retornes of Office and Comy ssions.
An Act that noe Lease shalbe made
of Lande seised into the Kinge
Haude, but in certayne cases.
An Acte towchinge the findinge of
Offices before the Escheator.

CAP. LIV.

An Act to enable Her Majesty to provide for the Government of Her Possessions acquired by Settlement. [16th September 1887.

CAP. LV.

An Act to consolidate the Law relating to the office of Sheriff in England, and to repeal certain enactments relating to Sheriffs which have ceased to be in force or have become unnecessary. [16th September 1887.

Be it enacted, &c. :

Preliminary.

1. Short title.] This Act may be cited as the Sheriffs Act, 1887.

2. Extent of Act.] This Act shall not extend to Scotland or Ireland.

Appointment aud Qualification.

3. Annual appointment of sheriff and duration of office.] (1.) A sheriff shall be annually appointed for every county.

(2.) Save as provided by this Act, a sheriff shall not hold office for more than one year, and a grant after the passing of this Act of the office for more than one year shall be void.

(3.) The office of sheriff or of any officer of a sheriff shall not become void by reason of the demise of the Crown, or in Cornwall of the Duchy of Cornwall, but the person holding the office shall, unless sooner removed or superseded, con

(a) Repealed by 42 & 43 Vict. c. 59.

(3.) A duplicate of the said warrant shall within ten days after the date thereof be transmitted by the Clerk of the Privy Council to the clerk of the peace of the county for which such person is appointed sheriff and shall be enrolled and kept by the said clerk of the peace without fee.

(4.) Nothing in this section shall apply to the counties of Cornwall, Lancaster, or Middlesex. 7. Declaration of office.] (1.) Every sheriff shall, before he enters on the execution of his office, make and subscribe a declaration in the form in the Second Schedule to this Act or to the like effect before one of the judges of Her Majesty's High Court of Justice or before a justice of the peace for the county of which he is sheriff.

(2.) Every sheriff shall continue to be and act as sheriff until his successor has made the said declaration and entered upon office.

Powers, Duties, and Liabilities.

8. Powers of sheriff for posse comitatus.] (1.) Every person in a county shall be ready and apparelled at the command of the sheriff and at the cry of the country to arrest a felon whether within a franchise or without, and in default shall on conviction be liable to a fine, and if default be found in the lord of the franchise he shall forfeit the franchise to the Queen, and if in the bailiff he shall be liable besides the fine to imprisonment for not more than one year, or if he have not whereof to pay the fine, than two years.

(2.) If a sheriff finds any resistance in the execution of a writ he shall take with him the power of the county, and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a misdemeanour.

9. Duties at assizes.] In the time of the assizes a court of quarter sessions in the county may direct a sufficient number of police constables to be employed to keep order in and within the precincts of the court of assize, and the chief constable shall comply with such direction, but if such direction is not given the sheriff shall have a sufficient number of men servants in liveries attending upon him for the purpose of so keeping order and of protecting the judges of assize.

10. Duties as to execution of writs.] (1.) A sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery.

(2.) A sheriff shall not return to a writ that he has delivered it to a bailiff of some liberty not heretofore recorded in the Exchequer.

11. Duties on receipt of debt to Crown.] (1.) Where a sheriff or his officer or other person employed in collecting by process from any court any debt due to the Crown receives from any person a sum due to the Crown he shall give a receipt to such person for that sum; and the sheriff, at the next account after a sum due to the Crown has been paid to him or his officer, shall procure the effectual discharge of the debtor paying the same.

(2.) An officer of a sheriff receiving any such sum shall account for it to the sheriff, and the sheriff shall give a receipt for such sum.

(3) In case of any default under this section, the sheriff and his heirs, executors, and administrators, shall be liable to pay any damages suffered by a debtor in consequence of such default.

12. Duties as to return of jurors.] A sheriff or any officer of a sheriff shall not return in any panel for an inquest or jury any officer or servant of the sheriff or of such officer.

13. Duties as to execution of judgment of death.] (1.) Where judgment of death has been passed upon a convict at any court of assize or any sessions of oyer and terminer or gaol delivery held for any county or riding or division or other part of a county, the sheriff of such county shall be charged with the execution of such judgment, and may carry such judgment into execution in any prison which is the common gaol of his county or in which the convict was confined for the purpose of safe custody prior to his removal to the place where such court was held, and shall, for the purpose of such execution, have the same jurisdiction and powers over and in the prison in which the judgment is to be carried into execution, whether such prison is or is not situate within his county, and over the officers of such prison, as he has by law over and in the common gaol of his county and the officers thereof, or would have had if the Prison Act, 1865 [28 & 29 Vict. c. 126], and the Prison Act, 1877 [40 & 41 Vict. c. 21], had not passed, and shall be subject to the same responsibility and duties as if the said Acts had not passed.

(2.) This section shall be in addition to and not in derogation of any power authorised to be exercised by Order in Council under the Winter Assizes Act, 1876 [39 & 40 Vict. c. 57], and the Spring Assizes Act, 1879 [42 & 43 Vict. c. 1], or either of them, and of the provisions of the Central Criminal Court (Prisons) Act, 1881 [44 & 45 Vict. c. 64].

14. Duties on arrest of civil debtors.] (1.) Where an officer being a sheriff, under-sheriff, bailiff, serjeant-at-mace, or other officer whatsoever arrests or has in custody any person by virtue of any action, writ, or attachment for debt, such

officer shall not

(a.) convey such person without his free consent

to any house licensed for the sale of intoxicating liquor, or to the private house of such officer or of any tenant or relation of such officer: nor

(b.) charge such person with any sum for, or procure him to call or pay for, any liquor, food, or thing whatsoever, except what he freely asks for; nor

(c.) take such person to any prison within twenty-four hours of the time of his arrest, unless such person refuses to be carried to some safe and convenient dwelling-house of his own nomination, not being the private dwelling-house of such person, and being within the borough or town where such person was arrested, or if he was not arrested within a borough or town then within three miles of the place and in the county or franchise in which he was arrested; but shall at all times permit such person to send for and to have brought to him at reasonable times in the day any food or liquor from what place he thinks fit, and also to have and use such bedding, linen, and other necessary things as he has occasion for or is supplied with, and shall not purloin or

' Journal

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detain the same or require any payment for the use thereof or restrict the use thereof.

(2.) Every court of quarter sessions in a county shall from time to time make an order allowing sums which may be taken from prisoners arrested in such county on any action, writ, or attachment, in respect of one or more nights lodging or for a day's diet or for other expenses of such person, and may from time to time vary such order as seems expedient.

(3.) A copy of every such order signed by the clerk of the peace shall be fixed in some conspicuous place in the sessions house or other proper place of the county as the court may order, so that the same may be there seen and examined as occasion may require.

(4.) For the purpose of making known the provisions of this section a printed copy thereof shall be delivered by every sheriff, under-sheriff, secondary of the City of London, and other person entrusted with causing the execution of any writ or attachment, to the bailiff, sergeant-at-mace, officer, or other person employed to execute the same.

(5.) It shall be part of the conditions of every security given to any sheriff, or under-sheriff, by any bailiff, serjeant-at-mace, officer, or other person employed to execute any writ or attachment under him that such bailiff, serjeant-at-mace, officer, and other person will show a printed copy of this section to every person whom he arrests and goes with to any house where intoxicating liquor is sold, and also will permit such person or his friend to read over such copy before any liquor or food is called for or brought to him, and any breach by such bailiff, serjeant-at-mace, officer, or person of such condition shall be a misdemeanour in the execution of the writ or attachment, besides being a breach of the conditions of the security.

15. Liability for wrongful imprisonment.] A person unlawfully imprisoned by a sheriff or any of his officers shall have an action against such sheriff in like manner as against any other person that should imprison him without warrant.

16. Liability for escape.] (1.) If a person in the custody of the sheriff or any of his officers or of any other person, either in execution or for non-performance of a judgment or order of the High Court of Justice, or for contempt of that court or otherwise in the course of a civil proceeding, escapes out of legal custody, such sheriff or other person shall be liable to pay the damages sustained by the person at whose suit such prisoner was taken into custody, and all costs of any action or other proceeding to recover the same, but not any further sum.

(2.) A sheriff shall not be liable for the escape of any prisoner when confined in any prison subject to the Prison Act, 1887. [40 & 41 Vict. c. 21. s. 31.]

17. Disability to act as justice of the peace.] A person shall not, while he is sheriff of a county, act as a justice of the peace for that county, and if he does so act, all his acts done as such justice of the peace shall be void.

18. Holding of courts.] (1.) A sheriff shall not be bound to hold a county court except where the holding of such court is required for the purpose of an election or of the due execution of some writ or for any other specific purpose, in which case he shall hold a court at the time fixed for such purpose by law or by such writ, or if no time is so fixed, as soon as is reasonably practicable after he is informed of the necessity for holding such court, or receives such writ, and where more than one court is required to be held for any such purpose, he shall hold courts at intervals not exceeding one month from each other.

(2.) A sheriff's county court shall be held at the place heretofore appointed or authorised by law, or at such other place as the sheriff may from time to time fix with the consent of the authority having for the time being power to divide the county into polling districts for the purpose of parliamentary elections.

(3.) A sheriff shall not hold pleas of the Crown, and shall not under any commission or writ take any inquest whereby any person is indicted.

20. Fees and poundage.] (1) A sheriff shall be entitled in respect of all sums due to the Crown, and collected by him under process of any court, to an allowance upon his accounts of one shilling and sixpence in the pound for every sum not exceeding one hundred pounds, and of one shilling for every pound exceeding the first hundred pounds.

(2.) Any sheriff or officer of a sheriff concerned in the execution of process directed to the sheriff, other than process for the recovery of the aforesaid sums due to the Crown, may demand, take, and receive such fees and poundage as may from time to time be fixed by the Lord Chancellor, with the advice and consent of the judges of the Court of Appeal and High Court of Justice, or any three of them, and with the concurrence of the Treasury.

(3.) Any sheriff or officer of a sheriff, and any officer arresting or having in custody any person by virtue of any action, writ, or attachment, shall not demand or take any reward to do his office, except such remuneration as is given to the sheriff by the Crown, or is given to an officer of the sheriff by the sheriff, and such fees and poundage as are above mentioned or are allowed by or in pursuance of any other act, and, sa re as allowed by this Act, shall not demand or take directly or indirectly any reward for doing his office or duty or for abstaining therefrom, or in respect of the mode in which he does his office or duty.

(4.) Where a sheriff seizes any personal estate for any sum due to the Crown and dies or is superseded before he has sold the same and his successor sells the same, the poundage and fees due in respect of the seizure and sale shall be apportioned between the preceding and subsequent sheriffs in such manner and proportions as a judge of the High Court of Justice may on application determine, having regard to the expense and trouble that each sheriff had. Accounts.

21. Transmission of accounts of sheriff.] (1) Every sheriff shall within two months after the expiration of his office, or in case of the death of any sheriff the under-sheriff by him appointed shall within two months next after the death of such sheriff, transmit to the Treasury a just and true account under his hand

(2.) Every such warrant shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament be sitting, and if Parliament be not sitting then within fourteen days after the next meeting of Parliament.

(3.) If under any such warrant it is necessary for a sheriff or under-sheriff to take any oath to any account or any matter relating thereto, such oath, except when the Treasury require his personal examination before the person appointed by them to audit, may be sworn before any judge of Her Majesty's High Court of Justice, or before any master of the Supreme Court of Judicature, or before any commissioner for taking oaths in the Supreme Court of Judicature, or before any justice of the peace.

(4.) If any officer, clerk, or other person concerned in the passing of sheriff's accounts by his wilful act or default hinders any sheriff in passing his accounts, or obtaining his quietus, he shall make such satisfaction to the party aggrieved as may be ordered by Her Majesty's High Court of Justice or any judge thereof on complaint made in such summary manner as the said court may order.

Under-Sheriff and Officers.

23. Obligation to appoint under-sheriff and declaration of office by under-sheriff.] (1.) Every sheriff shall within one month after the notification of his appointment in the London Gazette, by writing under his hand, appoint some fit person to be his undersheriff, and shall transmit a duplicate of such written appointment to the clerk of the peace for the county, which shall be filed by him among the records of his office.

shall be entitled to demand and receive from the (2.) For filing such duplicate the clerk of the peace under-sheriff such fee as may be from time to time fixed in pursuance of the enactments relating to fees of clerks of the peace, and until any fee is so fixed a fee of five shillings.

(3.) Every under-sheriff shall before he enters on the execution of his office make a declaration in the form in the Second Schedule to this act, or to the like effect before one of the judges of Her Majesty's High Court of Justice, or before a justice of the peace for the county for which such under-sheriff is appointed.

24. Obligation to appoint deputy resident in London.] Every sheriff shall appoint a sufficient deputy, who shall be resident or have an office within one mile from the Inner Temple Hall, for the receipt of writs, the granting of warrants thereon, the making of returns thereto, and the acceptance of all rules and orders to be made on or touching the execution of any process or writ to be directed to such sheriff.

(a.) of all sums received by such sheriff for the use of the Crown, and of all sums paid or claimed by him or on his behalf (including such sums as have been usually inserted in the bill of cravings), with all such particulars as are needful to explain the same, and (b.) of the names and residences of all persons incurring fines, issues, amerciaments, forfeited recognizances, or sums of money which he has been authorised to levy by virtue of any writ issued to him or to any predecessor in office, 25. Execution of office by under sheriff on death or and if the same have not been levied, the suspension of sheriff.] (1.) Where the sheriff of a causes of their not having been levied; county dies before the expiration of his year of and the Treasury may grant a warrant for the allow-office, or before he is lawfully superseded, the underance of the sums so paid or claimed in the account, or for the payment of such sum of money in respect thereof as they may think reasonable:

(2.) Provided as follows:(a.) a sheriff or under-sheriff shall not be imprisoned upon any process for not finishing his accounts in due time, or for any contempt or neglect in relation to his accounts, except by a warrant naming such sheriff or undersheriff and specifying his offence, and issued by one of the judges of the High Court of Justice;

(b) an under-sheriff shall not be personally responsible for any sum received by a deceased sheriff, but the same shall be answered by the representatives of the deceased sheriff or otherwise in due course of law; and (c.) nothing in this section shall alter the right of any body corporate or person under any charter to receive any fines or other sums.

22. Audit of accounts of sheriff.] (1.) All accounts of sheriffs and their under-sheriffs which are

transmitted to the Treasury under this Act shall be examined and audited by such persons and in such manner as the Treasury may from time to time by (4.) The sheriff's tourn is hereby abolished. warrant direct; and the Treasury may by any war19. Letting of county.] (1.) A hundred or wapen-rant make such provisions in relation to the transtake shall not as respects the powers and duties of mission, examination, verification, and audit of such sheriff's be severed from the county. accounts, and for ascertaining and determining the (2.) A sheriff shall not let to ferm his county or balances due from and the discharge of the persons any part thereof. accounting, as to the Treasury may seem proper.

sheriff by him appointed shall nevertheless continue in office, and shall until another sheriff be appointed for the said county and has made the declaration of office, execute the office of sheriff, in the name of the deceased sheriff, ani be answerable for the execution of the said office as the deceased sheriff would by law have been if living; and the security given to the sheriff so deceased by the said under-sheriff and his pledges shall remain and be a security to the Crown and to all persons whomsoever for such undersheriff's due execution of the offices of sheriff and under-sheriff.

(2) When it becomes the duty of an under-sheriff to act as sheriff under the provisions of this section he may by writing under his hand appoint a deputy. 26. Declaration by Bailiffs, &c.] Every deputy bailiff and officer of a sheriff or under-sheriff, and every other person who has authority or takes upon himself to impanel or return any inquest, jury, or tales, or to intermeddle with the execution of writs issued by any court of record, shall before he does so make a declaration (which shall be exempt from

stamp duty) in the form in the second schedule to this Act, or to the like effect before any judge of the High Court of Justice or justice of the peace for the county or borough in which he exercises such authority.

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