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Statutes of Northern Ireland |
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You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/sa1835159.txt |
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SHERIFFS (IRELAND) ACT 1835 SHERIFFS (IRELAND) ACT 1835 - LONG TITLE An Act for facilitating the Appointment of Sheriffs in Ireland, and the more effectual Audit and passing of their Accounts; and for the more speedy Return and Recovery of Fines, Fees, Forfeitures, Recognizances, Penalties, and Deodands; . . .{1} and to amend the Laws relating to Grants in custodiam and Recovery of Debts in Ireland{2}; . . .{3} [9th September 1835] Preamble rep. by SLR 1890 Sheriff to be appointed by warrant, etc. SHERIFFS (IRELAND) ACT 1835 - SECT 2 2. Whenever any person shall be duly nominated by the Lord Lieutenant... for and to be sheriff or under-sheriff of any County or County Borough in Ireland such appointment shall be forthwith notified in the [Belfast Gazette] and the appointment of every such sheriff or under-sheriff shall be made by a warrant under the signature... of the Lord Lieutenant... and such warrant shall in the case of a sheriff be in the Form No.1 in the Second Schedule and shall in the case of an under-sheriff be in the Form No.2 in the Second Schedule or as near thereto in each case as may be and every such warrant shall be made out by the Chief... Secretary of the Lord Lieutenant... and shall be transmitted by him to the person so nominated and appointed sheriff or under-sheriff as aforesaid and every such appointment shall be good, valid and effectual in law to all intents and purposes whatsoever and every sheriff or under-sheriff so nominated as aforesaid shall thereupon make the declaration hereinafter prescribed and upon making such declaration but not before and in the case of an under-sheriff upon giving such security as is prescribed by section 4 of the Principal Act shall exercise all duties powers privileges and authorities whatsoever which are under the Principal Act transferred to or are otherwise vested in the sheriff or under-sheriff as the case may be. SHERIFFS (IRELAND) ACT 1835 - SECT 3 Duplicate of warrant to be transmitted to the proper officer to be enrolled. 3. A duplicate of every warrant by which a sheriff or under-sheriff shall at any time after the date of this Order be appointed shall within ten days next after the date thereof be transmitted by the said Chief... Secretary to the proper officer to be by him enrolled and which he is hereby required forthwith to enrol and to keep without fee or reward. S.4 rep. by SRO 1922/42 (p.1005) SHERIFFS (IRELAND) ACT 1835 - SECT 5 Sheriff and under-sheriff shall take oath of office before a commissioner for taking affidavits in the Exchequer, etc. 5. Each and every person so appointed sheriff and under-sheriff as aforesaid shall before he enters upon the execution of his office make a declaration which shall in the case of a sheriff be in the Form No.3 in the Second Schedule and shall in the case of an under-sheriff be in the Form No.4 in the Second Schedule and every such declaration shall be fairly written on parchment without being subject to stamp-duty and signed by the declarant and may be made before a Justice of the High Court or before the proper officer or before any Commissioner for taking affidavits and the same shall be transmitted to the proper officer who is hereby required to file the same among the records of his office for which he shall be entitled to demand and have the sum of [25p] and no more, and no sheriff or under-sheriff shall be entitled to act as such until such declaration shall be lodged with the proper officer on pain of forfeiture for so acting of a sum of one hundred pounds.... Ss.645 rep. by SLR 1874; SLR 1890 (No.2); SLR 1891; 1947 c.44 s.39 sch.2; SI 1949/1836 art.23 sch. (I p.1261); SLR (NI) 1954; 1969 c.30 (NI) s.132 sch.6; 1978 c.23 s.122(2) sch.7 Pt.I