Sheriffs Act 1887

Definitions and Repeal E+W

38 Definitions. E+W

In this Act unless the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• The expression “writ” includes any process.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Definitions of “Treasury” and “county” repealed by Statute Law Revision Act 1908 (c. 49) and Local Government Act 1972 (c. 70), Sch. 30

F2 Definition of “quarter sessions” repealed by Statute Law Revision Act 1908 (c. 49)

39 Repeal. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(1) This repeal shall not affect,—

(a) anything duly done or suffered under any enactment hereby repealed; or

(b) any right acquired, or obligation or liability incurred under any enactment hereby repealed; or

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

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

(e) any penalty or punishment incurred in respect of any offence committed against any enactment hereby repealed; or

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

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4) Any warrant, order, rules, or other matter or thing made in pursuance of any enactment hereby repealed shall continue and be of the same effect as if made in pursuance of this Act; and

(5) Any fees or poundage authorised to be taken by or in pursuance of any enactment hereby repealed may continue to be taken until altered in pursuance of this Act.

Textual Amendments

F3 Words repealed by Statute Law Revision Act 1908 (c. 49)

F4 S. 39(3) repealed by Statute Law Revision Act 1966 (c. 5)

Modifications etc. (not altering text)

C1 “This repeal” means repeal of enactments specified in Sch. 3 to this Act.

40 Savings for courts leet, &c. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) Where any enactment repealed by this Act applied to any coroner, escheator, or other officer, he shall continue to be governed by such enactment in like manner as if it had not been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

Textual Amendments

F5 S. 40(1) repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. V