Sheriffs (Ireland) Act 1920
| Jurisdiction | UK Non-devolved |
| Citation | 1920 c. 26 |
| Year | 1920 |
Sheriffs (Ireland) Act, 1920
(10 & 11 Geo. 5.) CHAPTER 26.
An Act to amend the Law relating to the offices of Sheriff and Under-Sheriff in Ireland; and for other purposes incidental thereto.
[4th August 1920]
Be it enacted by the King'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, as follows:
1 Appointment and tenure of under-sheriffs.
(1) From and after the appointed day appointments to the office of under-sheriff shall be made by the Lord Lieutenant instead of by the sheriff, and an under-sheriff shall be appointed by the Lord Lieutenant for each county and county borough.
(2) Every under-sheriff appointed under this Act shall hold office during the Lord Lieutenant's pleasure, and his tenure of office shall not be affected by the appointment of a new sheriff.
(3) A person shall not be appointed to the office of under-sheriff under this Act unless he is an existing under-sheriff, or a practising barrister of not less than five years' standing, or a practising solicitor of not less than five years' standing, or a person who, for not less than five years, has acted as manager, chief clerk, or assistant of an under-sheriff.
2 Powers and duties of under-sheriffs.
(1) Subject to the provisions of this section, all the powers and duties of the sheriff of a county or county borough (including his powers and duties as returning officer) shall be transferred to and be exercised and performed by the under-sheriff appointed for the county or county borough under this Act, and the sheriff shall not be liable for, or in respect of, any act or default of the under-sheriff so appointed.
(2) Notwithstanding the appointment of an under-sheriff under this Act, the sheriff shall continue to discharge the duties of a sheriff in connection with the reception of and attendance upon judges or commissioners at assizes (including winter assizes) and commissions of oyer and terminer, and in connection with the selection of persons to serve as grand jurors at such assizes or commissions, and shall be assisted by the under-sheriff in the performance of those duties.
3 Disqualifications.
3. An under-sheriff appointed under this Act shall (in addition to any other disqualifications) be disqualified for being elected, chosen, or being, a member of any county borough council, county council, or district council, or a town commissioner or poor law guardian.
4 Oath and security.
4. Every under-sheriff appointed under this Act shall, before entering into the execution of his office, take the oath by law required to be taken by under-sheriffs and give security for the due performance of the duties of his office to such amount and in such manner as may be prescribed by the Lord Chancellor.
5 Remuneration of under-sheriffs.
(1) The salaries payable to sheriffs by county borough councils and county councils under section one hundred and ten of the Grand Jury (Ireland) Act, 1836 , shall, in the case of under-sheriffs appointed under this Act, be annual salaries of the respective amounts specified in this section, which shall be deemed to include allowances for clerical assistance, and be payable to the said under-sheriffs as follows, namely:—
(a ) to the under-sheriff of the county borough of Dublin, three hundred and fifty pounds;
(b ) to the under-sheriff of every other county borough, two hundred and fifty pounds; and
(c ) to the under-sheriff of every county, two hundred pounds;
and for the purposes of this provision the said section, as so amended, shall apply to the county borough of Dublin as well as to every other county borough.
(2) The following sums shall be paid annually out of moneys provided by Parliament to the under-sheriffs appointed under this Act:—
(a ) to the under-sheriff of the county borough of Dublin, the sum of two hundred and fifty pounds;
(b ) to the under-sheriff of every other county borough, the sum of one hundred and fifty pounds; and
(c ) to the under-sheriff of every county, the sum of two hundred pounds.
(3) Where one person is appointed under this Act to be under-sheriff for two or more counties, the amount of the annual salary payable to him by the council of each of those counties shall be one hundred and fifty pounds, and the amount of the annual sum payable to him out of moneys provided by Parliament in respect of each county shall be one hundred and fifty pounds instead of the respective amounts specified in the foregoing provisions of this section.
6 Fees in civil bill proceedings.
(1) In all actions and proceedings by civil bill under the Civil Bill Courts Procedure Amendment Act (Ireland), 1864 , as amended by any subsequent enactment, the fees specified in the Schedule to this Act shall be payable to under-sheriffs appointed under this Act in addition to the fees specified in Part II. of Schedule (B) to the said Act.
(2) The power of...
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