- Latest available (Revised)
- Point in Time (05/11/1993)
- Original (As enacted)
Version Superseded: 19/11/1998
Point in time view as at 05/11/1993.
There are currently no known outstanding effects for the Sheriffs Act 1887, Cross Heading: Powers, Duties, and Liabilities.
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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
F1S. 8(1) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
Textual Amendments
F2S. 9 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
(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
F3S. 10(2) repealed by Local Government Act 1972 (c. 70), Sch. 30
(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.
Textual Amendments
F4S. 12 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. I
Textual Amendments
F5Ss. 13, 14(2)(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
Textual Amendments
F6S. 14 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
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.
(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 [F7M1Prison Act 1952].
Textual Amendments
F7Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
Marginal Citations
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)
C1S. 17 modified by Administration of Justice Act 1964 (c. 42), s. 19(4)
Textual Amendments
Textual Amendments
F9S. 19 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
(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 [F107½p] in the pound for every sum not exceeding one hundred pounds, and of [F105p] 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
F10Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
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