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SHERIFFS ACT 1785
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CHAPTER XXXVI.(d)
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An Act to amend an Act passed in the Twelfth Year of His late Majesty George the First, entitled, An Act for better regulating the Office of Sheriffs, and for ascertaining their Fees, and the Fees for suing their Patents, and passing their Accounts; and for extending the Provisions thereof.
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The high sheriff, sub, and under-sheriff of the county, to take the oath herein, the 2d day of each Spring assizes.
[3 Geo. 1. c.15. Eng.]
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[II.] And be it further enacted by the authority aforesaid, That upon the second day of each spring assizes, in every year, there shall be administered, in open court, by the judge who shall preside in the Crown court at every assizes, to the high sheriff, sub sheriff, or under sheriff of such county where such assizes shall be had, and there shall be taken by the high sheriff, sub sheriff, or under sheriff of such county, the following oath:
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Oath.
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I A.B. high sheriff, sub sheriff, or under sheriff of the county of (as the case shall be) do swear, that I have, during the time I have been in the office of high sheriff, sub sheriff, or under sheriff of the county of (as the case shall be) faithfully and honestly, according to the best of my skill and judgment executed, and that I will, whilst I continue in the said office, execute according to the best of my skill and judgment, all execntions, writs, process, orders, or warrants which already have, or shall hereafter come into my hands, or to be lodged in my office, and make speedy, and to the best of my judgment, proper returns to such of them, as are by law returnable to the courts from whence they respectively issued; and that I will take, or cause to be taken, all inquisitions, fairly and openly, giving such notice as the law requires, to such persons as are parties to such suits, and duly return such inquisitions; and that I will impannel and return all jurors, or tales jurors, without partiality or favour, and not at the nomination or direction of any of the parties concerned, or any person on their behalf, but will do equal right to the poor and rich; and that I will truly set and return all issues of such as are within my bailiwick, according to their estates and circumstances, and that I will not remit or delay, or decline doing any part of the duty of my office, by reason of any reward or gratuity, or promise of any reward or gratuity, nor will I take, receive, or demand any fee whatsoever, but such as I am entitled to receive by the laws and statutes of this realm.
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If not taken at the Lent assizes, to be taken at the Summer assizes.
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[III.] Provided always, That if the high sheriff, sub sheriff, or under sheriff, or any of them, shall not attend at such Lent assizes, that then, and in such case, there shall be administered, on the second day of the Summer assizes, the aforesaid last mentioned oath to such sheriff, sub sheriff, or under sheriff, as shall not have taken the said oath at the Lent assizes, as aforesaid.
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Penalty on not taking said oath, 100l.
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IV. And be it further enacted by the authority aforesaid, That if the sheriff, sub sheriff, or under sheriff, shall refuse or neglect to take the said oath, either at the Lent or Summer assizes as aforesaid, that then, and in such case, he shall forfeit the sum of one hundred pounds sterling; the said sum to be recovered by action of debt, bill, plaint, or information in any of his Majesty's courts of record in Dublin, by such person as shall first sue for the same, in which no essoign, protection, or wager of law, or more than one imparlance shall be allowed; one moiety thereof for his own use, and the other moiety for the use of the publick infirmary of the county whereof the defendant shall have been sheriff, sub sheriff, or under sheriff. [Rep., Stat. Law Rev. (I.) Act, 1879.]
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Provisions in said act extended to cities.
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[V.] And whereas it is judged expedient to extend the provisions of the said recited act (a
) to cities as well as counties: be it enacted by the authority aforesaid, That every sheriff of every city, in this kingdom, shall, before his admission into office, take the oath herein after mentioned, besides the other oaths required by law, before the person who is to admit him into said office, which oath such person is hereby authorized and required to administer.
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Oath to be taken by sheriffs of cities.
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I A. B. sheriff of the city of do swear, that I will faithfully and honestly, without favour or affection to any person whatsoever, to the best of my understanding, and power, execute the duties of my said office, and particularly that I will, without delay, duly execute all writs, process, and executions, and all orders and warrants that shall be delivered to me, or lodged in my office, and make true and speedy returns to such of them as are by law returnable to the courts from whence they respectively issue; and that I will take, or cause to be taken, all inquisitions fairly and openly, giving such notice as the law requires, and duly return such inquisitions; and that I will impannel and return all jurors, and tales jurors, without partiality or favour; and that I will do equal justice to poor and rich; and that I will not take or receive any fee, reward, or gratuity whatsoever, for doing or not doing any part of the duty of my said office, except what I am by law entitled to receive.
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Sheriffs refusing or neglecting to take said oath, his election void, and if he shall do any act as sheriff, be fined 100l.
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VI. And be it enacted by the authority aforesaid, That in case any such sheriff shall refuse or neglect to take the said oath, in the manner, and at the time herein before mentioned, the election of such person shall be void; and if, after such neglect or refusal, such person shall do any act as sheriff, such person shall, for such offence, forfeit the sum of one hundred pounds sterling, to be recovered as herein before mentioned, and to be applied, one moiety thereof to the use of the informer, and the other to the use of the infirmary of such city, if such there be; and if there be no such infirmary, then to the infirmary of the county at large, in which such city is situated. [Rep., Stat. Law Rev. (I.) Act, 1879.]
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[(d) 5 & 6 Will. 4. c. 55. 31 & 32 Vict. c. 72. s. 12.]
[(a) The Act referred to is 12 Geo. 1. c. 4. (I.).] |
