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Statutes of Northern Ireland


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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


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URL: http://www.bailii.org/nie/legis/num_act/sa1835159.txt