Page images
PDF
[graphic]
[graphic]
[graphic]

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.

S 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 ior any allotment is in arrear for not_less than forty days, or if it appears to the sanitary authority that the tenant oi an allotment not lees than three months after the commencement oi the tenancy thereof has not duly observed the regulations sifecting 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 oi abpde 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 afiixed, 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 teua_nt whose tenancy is so determined any c -nipensation due to him as an outgoing tenant ; and such compensation shall be assessed by an arbitrator appointed by the sanitary authority, "Pi H_ the tenant so elect, either by an arbitrator 5PP°lol’»¢d under the Allotments and Cottage Gfmlel-B ilompensation ior Crops Act, 1887 [50 dc 51 Vict c. 26), or by a reference under the Agricul:nl;;a)]Holdin;s (England) Act, 1883 [46 62 47 Vict.

(3-) Upon the recovery of an allotment from any tenant, the court or justice directing the recovery ‘ml’ “I7 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 alkitment mana.gers.] (1.) Where lllo_tme_nts have been provided under this Act for a Parish in any rural district, a petition to the sani“TY l1lih°liiiy 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 “ch °l°°il<_"'li praying for the election of allotment managers in such parish, and thereupon the sanitary authority shall order such election, and the allotment managers so elected shall be the allotment managers of the allotments in such parish in lieu of lilctinent managers appointed by the sanitary "lfllflfity. who, on an election under this Act, shall cease to hold oifice.

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

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

_i4-) The allotment managers shall retire trienmltlli on such day as may be prescribed by the nflnlatinns hereinafter mentioned, and the allotmelt lnouagers first elected shall retire on the day ior retirement which occurs next aiter the expira“"0 _of three years after the day fixed for their election.

(5-l Any casual vacancy among the allotment mills-gore which occurs by death, resignation, disqualification, or otherwise, may. if there remains is ‘l'1°l'\Im oi allotment managers, be filled up by such mmllefl. but the person elected to fillthe vacancy shall hold oifice only for the same time as the vacating manager would have done.

_ (5-) _If at any time by reason of a failure of elecl|°"i either by electors or allotment managers, or °£ "Y other cause, there is no allotment manager, °' 11° quorum of allotment managers in any parish, the sanitary authority shall appoint allotment mlllogers under this Act in that parish, and shall °‘“'l"'"@ to appoint the same until another petition ior the election of allotment managers is presented under this section. '

[graphic]

(7.) T_he electors of allotment managers shall be the parliamentary BlG0ii]l‘lI in the parish, that is to say, the persons registered in any list oi parliamentary electors ior the parish as entitled to vote at an election of ameinber 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.

(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 make regulations respecting the duties oi the returning oificer, and the expenses oi the election. and may do and make regulations respecting all such things as appear to them necessary or proper for carrying into eifect this section, whether prelimiusry or incidental to such election, and for applying to such election any enactmants respecting offences at the election of guardians, and may revoke or alter any previous order under this section : Provided as follows :—

(a.) Such guardian or overseer of the parish, or other person as the sanitary authority miy appoint, shall be the returning oflioer;

A poll, if demanded, shall be taken by ballot, and the said regulations shall provide for the lpi)llGliii0l1 to such poll of the Ballot Act, 1872 [35 dz 36 Vict. c. 33], including the provisions for punishing offences ; 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; The returning ofiicer shall not vote except in the case of an equality of votes between any candidates, in which case he shall have a casting vote ; Any ballot boxes, instruments, fittings, and compartments provided by any public authority ior parliamentary, municipal, or schoolb iaidelections, or belonging to any public authority for the purposeni elections, shall he lent to the returning officer on his request for the purpose of an election oi allotment rnanageis, under such conditions and either free of charge or for such reasonable charge as may be prescribed by regulations under this section ; The. returning oflicor may, except during ordinary school hours, use free of charge ior the purpose of an election under this section any room in a school receiving ii. grant out oi moneys provided by Parliame_lWi ll") ll1_Y room the expense of maintaining which is t i rate in the parish, but he

payableou o any shall make good any damage done tod tlhe

room, and defray any expense incurre y the person or body oi persons, °°l'P°"ii° 1"‘ 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 B60i.1Dllr Ind "h° regulations may apply to such election any enactments respecting the questioning oi an election of guardians. _ _ (10.) If an allotment manager is punished with imprisonment ior any crime, 01_‘ _" “d.l“dd 5 bankrupt, or enters into is composition _or arraiig_ement 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 to be a roved by such managers, or is a

OIHIB, tenant of any allotment under the management of t be an allotment

the managers, he shall ceiise o

manager, and his ofiice shall be vacant, and Ia 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 ualiiied to be elected is manager, but, save as

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

afoiiessid, any retiring manager shell be eligible ior re-election.

10 Expenses and receipts] (i.) All expenses incurred by a sanitary authority under this Act, including allowances to otlicers cf such authority for (jutjgg under this Act, shall be deirayed— _t

(a.) in the Balls: of an iii ban Sanitary author-i y as put of the g-neial expense: oi their execu

[graphic]

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

(b.) in the case of a rural sanitary authority ai special expenses incurred in the execution of the Public Health Act, 1875, and such ex. penses shall be charged to the parish on account of which the land was acquired.

(2-) Section two hundred and ninety-eight of the l:ublic_ Health Act, 1875, with respect to costs of l rovlsional Urders, shall apply to costs incurred by a sanitary authority in relation to Provisional Orders under this Act.

(3.) All sums received by a sanitary authority in respect of any land acquired under this Act, otherwise_ than from any sale or exchange. shall be _appl1ed in aid of the expenses incurred by them in respect of such land, and so far as they are not required for the payment oi those expenses, shall be applied in aid cf the general and special expenses above in this section mentioned, and in the case of is rural sanitary authority shall be credited to ilio parish on account of which the land was acquired.

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

(5.) Sections two hundred and thirty-three, two hundred and thirty-four, and two hundred sud thirty-six to two hundred and thirty-nine both inclueive, of the Public Health Act, 1875 [33 81. 39 Vict. c. 55], relating to borrowing by s local authority, and sections two hundred and iorty-two and two hundred and forty-three of the same Act, relating to loans by the Public Works Loan Commissioners 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 herein re-enacted and in terms made applicable thereto.

(6.) Separate accounts shall be kept of the receipts and expenditure under this Act of the sanitary authority and their ofiicers and of allotment managers and other persons acting under this Act, and such accounts shall be audited in like manner, and with the like incidents and consoquenoes as the accounts of the other receipts and expenditure oi the sanitary authority and their oificers under the Public Health Act, 1875, and in the case cf allotment managers and other persons as the accounts of ofiicers of the sanitary authority.

ll. Sale of superfluous or unsuitable landi] (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 laud 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 o_f equality oi exchange, shall be applied in discharging, either by way of a sinking iund or otherwise, the debts

1 ll’ ' of the sanitary authority in respect

and lab ities _ of the land acquired under this Act, or in acquirl d i allot

ing, adapting, and improving other an or _

ments under this Act, and any surplus remaining may bc applied for any purpose for which capital money may be applied, and which is approved by the Local Government Board; and the interest thereon (ii any) and any money received from the letting of the land may be applied in _acq_uiring other land for allotments, or s'hall be applied in like manner as receipts from allotments under this Act are applicable: Provided that any such PT°°°°dlsurplus, interest, and money shall, in the case of a rural sanitary district, credited to or applied ior the benefit of the parish for which the land was

[ocr errors]

24

[graphic]
[ocr errors]

because it is no longer needed for the pprpese of allotments, or b€0a\1B8 other land more suitable for thc purpose is available, but save as aforesaid, the provisions of the Lands Clauses Consolidation Act, 1845, with respect to the sale of superfluous lands, shall not be deemed to be incorporated in this Act, or in any Provisional Order made under this Act.

l2 Power to maize scheme for provision of common paslm-a.] 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 acquired ior affording common pasture at such price 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 cirpnmstances 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 ior providing such common pasture, and the county authority, ii satisiied_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 modifications, 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 cxtendto 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.

l3. Power for allotment wardensorallot-nuznt frustcea to transfer to sanitary author-it]/.] (1.) The allotment wardens under the Inclosure Act, I845 [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 oi 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, transier 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 C0l'l'|!!1l8si0lJBIl for England, and thereupon such land shall vest in the sanitary authority.

(2.) All trustees within the meaning of tho Allotments Extension Act, 1882 [45 &. 46 Vict. c. 80], required or authorised by that or any other Act to l_et lands in allotments to cottagers, labourers, Journeyman, or others in any place may, ii they think fit, in lieu of letting such land in mariner 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 lll1d_ves_ted_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.

[merged small][merged small][merged small][merged small][ocr errors][ocr errors]
[graphic]
[graphic]
[graphic]

in respect of any qualification sitoa'e in such contributory place.

(3 ) Where a district or pariah 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 population oi such district or parish, and where such population is not specified in such census, then in the county in which the largest part of the area of such district or parish is situate, and any doubt which may arise under this section as to the county shall be determined by the Local Government 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 $tHl11llPit8.] 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 es may be prescribed by the regulations made under this Act by the sanitary autority, and any ratepayer of such district or perish, 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 liebilities cutstanding 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 auHiorr'ty.] 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 oi 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. D»;/im'Ii'rms.] In this Act, unless the context

otherwise requires

Thc 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 nud the rural sanitary authority of e.
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 ease-
ment.

18. Exlent ofA¢-1.] This Act shall not apply to Scotland or Ireland.

[ocr errors]

An Act to amend the Charitable Trusts Acts,

1853 to 1869, so far as respects the ofiicers of
the Charity Commissioners for England and
Wales and the Oflicial Trustees acting under
those Commissioners. [iiith September 1887.
Be it enacted, &c.:

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

2. Appointment of assistant commz'r.n'0ners.] (1.) The Charity Commissioners for England and \Viiles (in this Act referred to as “the Board”) may from lime to time with the approval in each case of the Commissioners of Her Msjesty’s

[graphic]

Treasury (in this Act referred to as the Treasury) appoint assistant commissioners, and 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.

(3.) Each assistant commissioner under this Act shall have the same powers as an inspector under thc Charitable Trusts Acts, 18:33 to 1869, and the sections of the Charitable Trusts Acts, 1853 to 1869, specified in the First Schedule to this Act, shall have eifect as if “ assistant commissioner" or “ assistant commissioners" were therein substituted for "inspector" or “inspectors,” as the case may be, and each assistant commissioner acting under the authority of thc Board may exercise the said powers ior any purpose of or incidental to any duties imposed on the Board by Parliament under any present or iuture Act.

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

3. Provision for absence of secretary] The signsture of any ofiicer of the Board (whether assistant secretary or other) who for the time being is authorised by an order of ihe Board signed by two Commissioners to not on behalf of the secretary oi the Board shell, 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 oi the secretary shall include is reference to the signature of such ofllcer, and any document signed by an ofldcer expressed to be so authorised shall be received in evidence without proof of the authority.

4. Amemimenl of C/writable Trusts Arts as to oficial trustees of charitable fumia] (1.) From Add after the date fixed by a regulation under this section, such cificers of the Board as thc_Board with the approval of the Treasury from iime to time appoint shall, in lieu cf the persons mentioned in the Charitable Trusts Amendment Act, 1855, be the official trustees of charitable funds;

Provided that any inspector or oifficer of the Board, who at the passing of this Act 1s offlcml trustee of charitable funds, and is not, after the passing of this Act, appointed to be ofiicisl trustee shell. while he continues to hold his inspectorship or oflloe, receive not less salary than he received while oificial trustee.

(2.) From and after the said date, notwithstanding anything in the Charitable Trusts Acts, 1853 to 1869, the Treasury may, by regulations i0 bfi mad: or approved by them, from time to time prescri e: ,

(I1) the accounts to be kept by the_said ofilcial

trustees and the mode in which and tilt persons by whom such accounts and the banking accounts, and any other account! required by the Charitable Trusts Acts» 1853 to 1869, to be kept by or on behalf of the oflicial trustees of charitable funds, are to be kept; _

the mode in which orders authorised by 1'1" for the payment of any money to 0!‘ bi mf’ said oflicial trustees or held upon their banking account, or for the transfer Oi 511% stock or securities to or by the said oillflll trustees, are to be signed, authenticotedr and carried into eifect ; and _d

the mode in which the business of the all ofiiciul trustees generally is to 176 °°“' d t d

[ocr errors]

(I)

[ocr errors]
[ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small]
[ocr errors][ocr errors][graphic][ocr errors][graphic][ocr errors][ocr errors][merged small][graphic][merged small][merged small][ocr errors][graphic][merged small][merged small][merged small][ocr errors][graphic][graphic][graphic][ocr errors][graphic][ocr errors][ocr errors][merged small][ocr errors][graphic][merged small][graphic][merged small][merged small][graphic][ocr errors][ocr errors][merged small][merged small][graphic][merged small][merged small][graphic][merged small][merged small][merged small][merged small][graphic]
[blocks in formation]
[graphic]

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

(2.) Such rules shall provide that an inquisition touching real estate shall find ot whom the real estate was held, and that every inquisition shall be forthwith returned in the central oflice 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, 188-1[47 & 48 Vict. c. 71], no grant shall be made ot any real estate alleged to be escheated until after the inquisition

flndin the title thereto has been returned to the

8 central oflice of the Supreme Court of Judicature. ' ' ' ' t r 'udice any

(4.) An inquisition shall no p ej rights which, at the time ot the death of the person that led to the inquisition, were vested in some other person.

(5.) It 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.

(7.) All rules made under this section shall be 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 beginnin ot the then next session of Parliament, and shall be judicially noticed, and shall have effect as if enacted by this Act.

3. Repaal] 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 suflered, or any right accrued or liability incurred before

- the commencement of this Act, or any pro

[graphic]

oeedings pending at the commencement of d

this Act; an

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

(3.) Except so far as may be otherwise directed by ru es 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 referred to.

A description or citation of a portion of an Act is inclusive of the words, section, or other part, I-1 t or last mentioned, or otherwisereferred to as

rs forming the beginning, or asforming the end of ' th d ri tion or cita

the portion comprised in e esc p

tion. 29 Edw. 1. A statute for escheators. 14 Edw. 3. Escheators : theirnurnber; appointStat 1. c. 8. ment; continuance in oflice ; Coroners: their sufficiency. In part: namely, except so far as relates to Coroners. 25 Edw. 3. Declaration what oifences shall be Stat. 5. c. 2. adjudged treason, &c. _ In part, namely : from “ and if in such case " to end oi chapter. 36 Edw. 3. Escheators shall have no fee of c. 13. lands in wards, norcommit waste.

Fine, and triple damages to the heir injured.

Extended to lands seised by inquest of oflice.

[graphic]

Such inquisitlons may be traversed in Chancery.

* The land may be demised to the tenant until judgment.

Escheators shall take inquesfs 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 sherifis in their proper counties;

‘ on penalty of forty pounds.

No lands seised into the King‘s hands upon inquests shall be et to farm until after inquests returned; if the party grieved traverse the inquests, within a montli,tl1ela-ndsshallbelettofarm to him, as under 36 Ed. 3. c. 13.

All letters patent to the contrary void.

Escheators shall return offices

i found before them within a

minth.

i Recital of the statute 8 Hen. 6. c. 16

* as to grant of lands by the King

l‘ after office found.

No grant of lands shall be made

l by the King, until ofllce found and retuined, if the King's title be not of record ; nor within the month after such return, unless to the traverser.

Esheators not duly returning ofiices

‘ shall pay damages to the King,

&c. above the penalty under Statute 8 Hen. 6. c. 16.

'l‘reasurer shall be associate with the Chancellor, &c.

When and where escheators shall
take inquests:

Fees of escheators.
Penalty.
On traverse of inquest no pro-
tection in scire facias.
Leases to travsrsers.

An Acte agaynst Escheators and
Comyssioners for makings false
retornes of Oflice and Comy ssions.

An Act that nos Lease shalbe made of Lands seised into the Kinge Hands, but in certayne cases.

An Acte towchinge the findinge of

Ofllces before the Escheator.

[ocr errors]
[graphic]
[merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors]
[graphic]
[ocr errors]
[ocr errors]
[ocr errors]
[merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors]
[graphic]

tinue in ofllce for the remainder of his term, in like
manner as if such demise had not taken plB06-

4. Quali/icatim of alienfl-] A person shall not be appointed sheriff nor bailiff of a franchise except he have sufllcieut land within his county or bailiwick to answer the Queen and her people.

5. Same person not to be chosen twice in three yearn] 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. .-’v'omi'na!i'0n and appointment of slierifa] (1.) On the twelfth day of November in every year (o_r if that day fall on a Sunday then on the ensumg Monday) persons fit to serve as sheriffs shall he 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 oflicers, 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 oflicers, 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 prlcked 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 ofilce in this Act mentioned shall by virtue of this Act only and without payment of any fee have and exercise all powers, privileges, and authorities usually exercised and enjoyed by sherifis of counties in England.

(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 clcrk of the peace of the count for which such person is appointed sherifi andy 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 ojfica] (1.) Every sheriff shall, before he enters on the execution of his ofllcs, 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 oflice.

Powers, Duties, and Liabilities.

8. Powers of aim-if for posse comitatus.] (1.) Every person in a county shall be ready and apparelled at the command of the sherifi 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 sherifl! 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 resistors and commit them to prison, and every such resistor shall be guilty of a misdemeanour.

9. Duties at assizea] In the time of the assizes a court of quarter sessions in the county may direct a sulllcient number of police constables to be employed to keep order in and within the precincts of the court_of sssize, and the chief constable shall comply with such direction, but if such direction is not given the sheriff shall have a suflicient number pit] rneii servants in liveries attending upon him for mt P“(;'P<>=v of so keeping order and oi protecting

[ocr errors]
[ocr errors]

10. Duties as to encution ofwr€ta.](l.) Asheriif at the request of a person delivering a wi-it to him for execution shal 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.

ll. Duties an receipt of dab! to Crown] (1.) Where a sherifi or his oflicer 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 sherifl, at the next account after a sum due to the Crown has been paid _to him or his ofllcer, shall procure the effectual discharge of the debtor paying the same.

(2.) An ofilcer of a sherifi receiving any such sum shall account for it to the sheriff, and the sherifl 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,/'urors.] A sheriff or any oflicer of a sheriff shall not return in any panel for an inquest or jury any oflicer or servant of the sheriff or of such officer.

13. Duties as to execution ofjudymenl vfdaath.] (l.) 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 sherifi of such county shall be charged with the execution of such judgment, and insy 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 t_he_p\_lrpose of such execution, have the same jurisdiction and powers over and in the prison i_u 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 h_e has by law over and in the common gaol of his county and the officers thereof, or wou d have had if the Prison Act, 1865 [28 & '29 Vict. c. 126]]. and the Prison Act, 1877 [40 6: 41 Vict. c. 21 , had 11015 passed, and shall be subject to the same responsibility and duties as if the said Acts 11811 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 \V111W Assizes Act, 1876 [39 Sc -l0 Vict. c. -fl]. find the Spring Assizes Act, 1879 [42 & 43 Vict. c. 1], or either of them, and of the provisions of the C_clI§_"!l Criminal Court (Prisons) Act, 1881 [~14 & 40 \'l0l5~ c. 64].

14. Duties on arrest of civil debtors] wlltle an oflicer being a sheriff, under-sherlff, bflllllfi serjeaut-at-mace, or other otficer whatsoeve; arrests or has in custody any person bl '“"“° Eh any action, writ, or attachment for debt, 5“ oflicer shall not— _ t

(u.) convey such person without his free conscll to any house licensed for the sale of 111% toxicating liquor, or to the private house of such oflicer or of any tenant or relation 0 such oflicer: nor charge such person with any sum fol, °Y procure him to call or pay f0\5"!’ ]"l“‘;1" food, or thing whatsoever, except what B freely asks for ; nor _ . h. take such person to any pl'1fl°11_ W" lg‘ twenty-four hours of the time of his arresu; unless such person refuses to be carried I some safe and convenient dwelling-hollfle 1: his own nomination, not being $119 Pr“? 6 dwelling-house of such perm)", ‘ma being within the borough or town where sucpsrson was arrested, or if he was nolf rested within a borough or town then wit in three miles of the place and in the ccim 7 or franchise in which he was arrested i d but shall at all times permit such person to iii"! for and to have brought to him at reasonable iimlfe in the day any food or liquor from what place thinks fit, and also to have and use such bi-dding, linen, and other iieccssiiry things as he has occa8l°1l

[ocr errors]
[ocr errors][ocr errors][ocr errors][ocr errors]
[ocr errors][ocr errors][ocr errors]

27

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 expodient.

(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 maybe 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-sherifl‘, secondary of the City of London, and other person entrusted with causing the execution of any writ or attachment, to the bailifi‘, sergeant-at-mace, oflicer, 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-sherifi‘, by any bailiff, serjeant-at-mace, oflicer, or other person employed to execute any writ or attachment under him that siichlbailid, serjeant-at-mace, oficer, 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 bailifi‘, scrjeant-at-mace, ofiicer, or person of such condition shall be a misdemeanour in the execution of the writ or attachment, besides being ix. breach of the conditions of the security.

15. Liabilily for wrongful imprisonment] A person unlawfully imprisoned by a sherifl‘ or any of his olficers shall have an action against such sherifi‘ m 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 ofiicers or of any other person, either in execution or for non-perforniance 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 sherifi‘ 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 pem:e.] A person hall 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 pence shall be void.

18. Eohiing of court-r.] (1.) A shcrifi' 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 b_e held for any such purpose, he shall hold courts 3~:hll1l8!'V&lB not exceeding one month from each o er.

(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 lime fix with the consent of the authority having for the time being power to divide the county into P°111l1g districts for the purpose of parliamentary elections.

(3-) A sherifi‘ shall not hold pleas of the Crown, find shall not under any commission or writ take ‘ml’ inquest whereby any person is indicted.

(4~) The sherifl"’s tourn is hereby abolished.

19. Letting of cmmty.] (1.) A hundred or wapentakashall not as respects the powers and duties of 5h°_P1fl’s be severed from the county.

(1-J A sheriff 8111,11 not let to ferm his coimty or 1

[graphic]
[ocr errors]

20. Fess and paundsga] (1) A sherifl‘ 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 olficer of a sherifl' concerned in the execution of process directed to the sherifl‘, other than process for the recovery of the aforesaid sums due to the Crown, may demand, take, and receive such fees and poundnge 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 shsrifi‘, 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 oflice, except such remuneration as is given to the sheriff by the Crown, or is given to an ofiicer of the sherilf by the sheriff‘, and such fees and poundago as are above mentioned or are allowed by or in pursuance of any other act, and, so .'e as allowed by this Act, shall not demand or take directly or indirectly any reward for doing his olficc or duty or for abstaining therefrom, or in respect of the mode in which he does his oflice 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 pounds e 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 sherifl‘ had.

A coo unis.

21. Transmissionafaccounta ofslieriffl] (1) Every
sheriff shall within two months after the expiration
of his officc, 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-

(a.) of all sums received by such sheriff for the
use of the Crown, an 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 nccdful to explain the same, and
of the names and residences of all persons
incurring fines, issues, amerci-iments, 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 oflice,
and if the same have not been levied, the
causes of their not having been levied ;
and the Treasury may grant a warrant for the allow-
ance 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 :- _ _

((1.) n sheriff or under-sheriff shall not be rm

prisoned 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 under-
sherifi‘ and specifying his offence, and issued
by one of the judges of the High Court of
Justice ;
an under-sheriff shall not_ be personally re-
sponsible for any sum received by =1 deceased
sheriff, but the same shall be answered by the
representatives of the deceased sheriff Or
otherwise in due course of law; and _
nothing in this section shall alter the right of
any body corporate or person under nnycharter
to receive any fines or other sums.

22. Audit of accoui-l|_ of alierif-] _ (1-) All 11'3-
counts of sheriffs and their under-sheriffs Whlflh 8T0
transmitted to the Treasury under this Act Bl!“-U be
examined and audited by such persons and in such
manner as the Treasury may from time to time by
warrant direct ; a.nd_the Treasury may by any war-
mm, make such provisions in relation to the trans-
mission, examination, verification, and audit of such
accounts, and for ascertaining and dctcrmmmg the
balances due from and the discharge of the persons
accounting, as to the Treasury my Seem P1'°P°"-

[ocr errors]

(5)

[ocr errors]

I

(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 sherifl‘ 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 ths 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 bupreme Court of Judicature, or before any commissioner for taking oaths in the Supreme Court of Judicature, or before any justice of the peace.

(4.) I f any ofiicer, clerk, or other person concerned in the passing of sheriff's accounts by his wilful act or default hinders any sherilf in passing his accounts, or obtaining his quialus, he shall make such satisfaction to the part aggrieved as may be ordered by Her Majesty s liigh Court of Justice or enyjudge thereof on complaint made in such summary manner as the said court may order.

[ocr errors]

23. Obligation to appoint umicr-s/wrifl‘ and declaration of oficc by under-slierifljl (1.) Every sheriff‘ shall within one month after t e notification of his appointment in the London Gazette, by writing under his hand, appoint some fit person to be his undersheriif, 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 ofiice.

(2.) For filing such duplicate the clerk of the peace shall be entitled to demand and receive from the 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 ofice 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 J ustice, or before it justice of the peace for the county for which such under-sherifi‘ is appointed.

24. Obliyation to appoint deputy resident in Loml0n.] Every sheriff shall appoint a suflicient deputy, who shall be resident or have an ofice 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 sherifl‘.

25. Execution qfaflice by under slwrgf on zlcath or .ausp.-vision of sheflf] (1.) Wliere the sherifi' of a county dies before the expiration of his year of office, or before he is lawfully superseded, the undersheriff by him ap ointed shall nevertheless continue in ofiice, and shall until another sheriff be appointed for the said county and has made the declaration of oflice, execute the ofiice of sherifl‘, in the name of the deceased sheriff, ani be answerable for the execution of the said oflice 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 undersherifi"s due execution of the ofiices of sherifi‘ 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 Brnliflk, §-in] Every _deputy bailifl‘ and oflicer of a sherifl‘ or under-sherifi", 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 Cdurt of J ustice or justice of the peace for the oounty or borough in which he exercises such authority.

2-,'_ salaq/q1fi¢¢_iprohibi!:d:] (1.) A person shall not directly orindirectly by 1111115915 01' by ‘ml’ l’°"5°“ in trust for liiin or for his use bu)’, 591': l°tr Q‘ t’*k?_l'° fem-in the oflice of under-Bheriifi d°P '"Y'§h°“m llalhlfl

« PreviousContinue »