Sheriffs Act, 1712

• Permanent Page URL

SHERIFFS ACT 1712

CHAPTER VIII.

An Act for explaining and amending several Statutes, for prohibiting Under-sheriffs and Sheriffs-clerks, from officiating as Sub-sheriffs, or Sheriffs-clerks more than one Year.

Defects of this act supplied, 29 G. 2. 15.

42 E. 3. 9. Eng.

1 R. 2. 11. Eng.

1 H. 5. 4. Eng.

23 H. 6. 7. Eng.

All which acts, of force in Ireland, have been eluded.

Laws for execution of office of under-sheriff, &c. not hereby altered, to be put in execution.

WHEREAS by an act of Parliament made in England in the forty second year of King Edward the third it is enacted, “That no sheriff, under-sheriff, or sheriffs-clerk, shall abide in his office above one year;” and by another act made in England in the first year of King Richard the second it is enacted, “That none, who hath been sheriff for a year, shall within three years next ensuing be chosen again, or put into the office of sheriff, if there be other persons in the county sufficient of possession and goods to answer the King and his people;” and by another act made in England in the first year of King Henry the fifth it is enacted, “That they, which be bayliffs of sheriffs for one year, shall be in no such office by three years next following, except bayliffs of sheriffs, which be inheritable in their sheriff-wicks; and that no under-sheriff, sheriffs-clerk, receiver, or sheriffs-bayliff, be attorney in any of the King's courts, during the time that he is in his office with any such sheriff;” and by another act of Parliament made in England, in the twenty third year of King Henry the sixth it is enacted, “That if any sheriff or under-sheriff, or sheriffs-clerk, occupy the office of sheriff, under-sheriff, or sheriffs-clerk, contrary to any of the said statutes, or against the effect or intent of them, he shall forfeit the sum of two hundred pounds yearly as long as he so occupieth; and that every pardon to be made for such offence or occupation shall be void; and that any liege-man who will sue for the said forfeiture shall be received and admitted to sue an action of debt in his own name; the King to have the one half of what shall be recovered by such suit, and he or they that will sue to have the other half;” all which acts are of force in this kingdom: and whereas the said acts have been notoriously eluded by under-sheriffs, sheriffs-clerks, deputies, and bayliffs, continuing in their offices for several years together, one year as under-sheriff, other as sheriffs-clerk or deputy, receiver or bayliff, and by taking the said offices by turns, and in other persons names in trust, and receiving the profits for their own use, which hath been the occasion of much corruption, delay of justice, oppression of the subjects, and other mischiefs: for remedy whereof, and for the better and more effectual execution of such wholsome and necessary laws, be it enacted and declared by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That all and every the laws and statutes now in force for or touching the execution of the office of under-sheriff or sheriffs-clerk, or not hereby altered or repealed, shall be duly put in execution according to the tenor of the said laws, and under the penalties therein contained, as by the said laws are directed.[^a ]

Persons nominated to any of said offices shall first give 200l. security before a master, that it is not in trust for one who hath executed it in 3 years,

and that he ^a will personally execute, and that all fees are to his or the high sheriff's use, and not to delay execution or return of writs.

The recognisance in two months to be returned in Exchequer.

III. And be it further enacted by the authority aforesaid, That all and every person and persons, who shall after the said sixth day of November one thousand seven hundred and eleven be nominated, constituted, or appointed under-sheriffs, sheriffs-clerk, or county-clerk, within any county, or county of a city or town, shall, before he or they shall exercise, officiate, or in any manner execute the said office or duty of an under-sheriff, or sheriffs-clerk, enter into a recognizance to her Majesty, her heirs and successors, with sufficient security, in the penalty of two hundred pounds, before a master of the high court of Chancery, or before a master extraordinary for taking affidavits in the country, who are hereby authorized and required to take such recognizances, conditioned that he has not taken the said office, duty, or imployment, to the use of or in trust for any person or persons, who was or hath been under-sheriff or sheriffs-clerk, or executed either of the said offices or imployments in the said county, or county of a city or town, within the space of three years then next preceding, or any other person or persons in trust for such preceding sheriff, [Rep., Stat. Law Rev. (I.) Act, 1879] and that he will execute the same in person; and that all the fees and perquisites, benefits and advantages, of what nature or kind soever, are intirely to his own proper use, benefit, and advantage, or to the proper use, benefit, and advantage of the high sheriff, and that he neither shall or will forbear, postpone, or delay the execution or return of any writ or process, that shall come to his hands, or be lodged in the sheriff's office, for any gratuity, reward, or other consideration whatsoever; which said recognizance, so taken, shall be in two months after the taking thereof returned into her Majesty's court of Exchequer; for the recording of which recognizance shall be received the sum of two shillings and six pence, and no more.

Penalty 500l. (as before) for acting without recognisance and taking said oath.

V. And be it further enacted by the authority aforesaid, That if any such under-sheriff, sheriffs-clerk, or county-clerk, or any other person shall execute such office or duty, or any way officiate therein, before he shall have entered into such recognizance, and taken such oath as aforesaid, such under-sheriff, sheriffs-clerk, and county-clerk, or other person officiating as aforesaid, shall forfeit and pay for every such offence the sum of five hundred pounds,

Under-sheriff, &c. not to act as clerk of the peace,

penalty 500l. as before.

VII. And whereas the under-sheriffs and sheriffs clerks in several counties of this kingdom procure to themselves, or some in trust for them, a deputation from the clerks of the peace and crown of the said counties, wherein they officiate as under-sheriff or sheriffs-clerk, and by their cunning contrivance and management procure many persons for frivolous matters to be presented by the grand jury at the quarterly sessions, in order to have it more in their power to oppress the country, and issue process against such persons, thereby to gain to themselves fees as under-sheriffs: for remedy whereof, be it enacted by the authority aforesaid, That no under-sheriff or sheriffs clerk, or any in trust for them, or to their use, shall from and after the sixth day of December one thousand seven hundred and eleven, execute, exercise, or in any manner act, or officiate as clerk of the peace for the same county, he shall so act as under-sheriff, sheriffs-clerk, or county clerk as aforesaid, under the forfeiture or penalty of five hundred pounds for every time he shall so act, execute, or officiate, to be recovered by such person or persons who will sue for the same in any of her Majesty's Four courts of Dublin by bill, plaint, or information, in which no essoign, protection, or wager of law shall be allowed, or more than one imparlance, and to be distributed in manner as aforesaid. [Rep., Stat. Law Rev. (I.) Act, 1879.]

[(^a) This section is repealed in part in general terms by 5 & 6 Will. 4. c. 55, s. 4. which enables an under-sheriff to be re-appointed to his office in successive years.]

[(^a) This section is repealed in part in general terms by 5 & 6 Will. 4. c. 55, s. 4. which enables an under-sheriff to be re-appointed to his office in successive years.]