Sheriffs Act 1887

Powers, Duties, and Liabilities E+W

8 Powers of sheriff for posse comitatus. E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 misdemeanor.

Textual Amendments

F1 S. 8(1) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F2 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 9 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

10 Duties as to execution of writs. E+W

(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.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 10(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

11 Duties on receipt of debt to Crown. E+W

(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.

F4 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 12 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. I

F5 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 Ss. 13, 14(2)(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

14 Duties on arrest of civil debtors. E+W

(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 . . . F6 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 detain the same or require any payment for the use thereof or restrict the use thereof.

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(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, serjeant-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 of 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 misdemeanor in the execution of the writ or attachment, besides being a breach of the conditions of the security.

Textual Amendments

F6 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F7 Ss. 13, 14(2)(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

15 Liability for wrongful imprisonment. E+W

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. E+W

(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, 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 [F8 M1 Prison Act 1952].

Textual Amendments

F8 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

Marginal Citations

M1 1952 c. 52.

17 Disability to act as justice of the peace. E+W

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.

Modifications etc. (not altering text)

C1 S. 17 modified by Administration of Justice Act 1964 (c. 42), s. 19(4)

F9 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 18 repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. V

F10 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 19 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

20 Fees and poundage. E+W

(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 [F11 7½p] in the pound for every sum not exceeding one hundred pounds, and of [F11 5p] 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, 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 sheriffs 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, save 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 may on application determine, having regard to the expense and trouble that each sheriff had.

Textual Amendments

F11 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)