Sheriffs Act 1887

The Sheriffs Act 1887 ( 50 & 51 Vict. c. 55) is an act of the Parliament of the United Kingdom that consolidated for England and Wales enactments relating to sheriffs and repealed from 1275 to 1881 which had ceased to be in force or had become necessary. The act was intended, in particular, to facilitate the preparation of the revised edition of the statutes, then in progress. The act also gave sheriffs the right to arrest those resisting a warrant (''posse comitatus'').

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's ''Commentaries on the Laws of England'', published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, ''The Statutes of the Realm'' was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.

At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.

In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The Commission made four reports.

An alternative approach, focusing on expunging obsolete laws from the statute book, followed by consolidation, was proposed by Peter Locke King MP, who was heavily critical of the expenditure of the Commission and the lack of results. This approach was taken by the Repeal of Obsolete Statutes Act 1856 ( 19 & 20 Vict. c. 64), considered to be the first Statute Law Revision Act.

On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.

Passage

The Sheriffs (Consolidation) Bill had its first reading in the House of Lords on 22 March 1887, introduced by the Lord Chancellor, Hardinge Giffard, 1st Baron Halsbury. The bill had its second reading in the House of Lords on 31 March 1887 and was committed to a committee of the whole house, which met and reported on 1 April 1887, without amendments. The bill had its third reading in the House of Lords on 18 April 1887 and passed, without amendments.

The bill had its first reading in the House of Commons on 10 May 1887. The bill had its second reading in the House of Commons on 12 July 1887, introduced by the Solicitor General, Sir Edward Clarke . During debate, the Bill was criticised for leaving out the consolidation of statutes relating to sheriffs in Ireland. The bill was committed to a committee of the whole house, which was delayed several times, receiving criticism from MPs. The Committee which met on 5 September 1887 and 10 September 1887, during which the bill received further criticism "subverting" the customs of the House by the High Sheriff of Dublin City, Thomas Sexton . The Committee reported on 10 September 1887, with amendments. The bill had its third reading in the House of Commons on 10 September 1887 and passed, with amendments.

The amended bill was considered and agreed to by the House of Lords on 13 September 1887.

The bill was granted royal assent on 16 September 1887.

Legacy

Several acts repealed by this act were repealed again by the Statute Law Revision Act 1887 ( 50 & 51 Vict. c. 59), which was passed simultaneously. The territorial terms of the act led to several acts being for the avoidance of doubt for Ireland repealed by later Statute Law Revision Acts, including the Statute Law Revision (Ireland) Act 1872 ( 35 & 36 Vict. c. 98).

The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.

Part of section 39 and the third schedule to the act were repealed by the Statute Law Revision Act 1908 ( 8 Edw. 7. c. 49).

Repealed enactments

Section 39 of the act repealed 73 enactments, listed in the third schedule to the act.

Section 39 of the act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters, including:

# Any rights acquired or obligations incurred under previously repealed enactments
# Existing borough and city charter rights
# Common law powers and rights
# Prior legal proceedings and penalties
# The status of current office holders like sheriffs and bailiffs
# The validity of existing writs and orders
# Fees or poundage taken
Section 40 of the act provided that notwithstanding any repeal, courts leet, court baron or other like courts existing at the time shall continue to be held on the same days and in their usual places as before, but without larger powers or fees, and any indictment or presentment shall be dealt with as previously. Section 40 of the act also provided that officers like coroners and escheators shall continue to be governed by previous rules unless specifically substituted by new provisions in this act.

See also

*Statute Law Revision Act

Notes

References

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United Kingdom Acts of Parliament 1887
Consolidation Acts
Statute Law Revision Acts