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act of the Parliament of the United Kingdom that consolidated for England and Wales enactments relating to sheriffs and repealed from 1275 to 1881 which had ceased to be in force or had become unnecessary. 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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.
From 1810 to 1825, The Statutes of the Realm was published, providing the first authoritative collection of acts. The first statute law revision act was not passed until 1856 with the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64). This approach — focusing on removing obsolete laws from the statute book followed by consolidation — was proposed by Peter Locke King MP, who had been highly critical of previous commissions' approaches, expenditures, and lack of results. +Previous statute law revision actsYear passedTitleCitationEffect1861Statute Law Revision Act 186124 & 25 Vict. c. 101Repealed or amended over 800 enactments1863Statute Law Revision Act 186326 & 27 Vict. c. 125Repealed or amended over 1,600 enactments for England and Wales1867Statute Law Revision Act 186730 & 31 Vict. c. 59Repealed or amended over 1,380 enactments1870Statute Law Revision Act 187033 & 34 Vict. c. 69Repealed or amended over 250 enactments1871Promissory Oaths Act 187134 & 35 Vict. c. 48Repealed or amended almost 200 enactments1871Statute Law Revision Act 187134 & 35 Vict. c. 116Repealed or amended over 1,060 enactments1872Statute Law Revision Act 187235 & 36 Vict. c. 63Repealed or amended almost 490 enactments1872Statute Law (Ireland) Revision Act 187235 & 36 Vict. c. 98Repealed or amended over 1,050 enactments1872Statute Law Revision Act 1872 (No. 2)35 & 36 Vict. c. 97Repealed or amended almost 260 enactments1873Statute Law Revision Act 187336 & 37 Vict. c. 91Repealed or amended 1,225 enactments1874Statute Law Revision Act 187437 & 38 Vict. c. 35Repealed or amended over 490 enactments1874Statute Law Revision Act 1874 (No. 2)37 & 38 Vict. c. 96Repealed or amended almost 470 enactments1875Statute Law Revision Act 187538 & 39 Vict. c. 66Repealed or amended over 1,400 enactments1876Statute Law Revision (Substituted Enactments) Act 187639 & 40 Vict. c. 20Updated references to repealed acts1878Statute Law Revision (Ireland) Act 187841 & 42 Vict. c. 57Repealed or amended over 460 enactments passed by the Parliament of Ireland1878Statute Law Revision Act 187841 & 42 Vict. c. 79Repealed or amended over 90 enactments.1879Statute Law Revision (Ireland) Act 187942 & 43 Vict. c. 24Repealed or amended over 460 enactments passed by the Parliament of Ireland1879Civil Procedure Acts Repeal Act 187942 & 43 Vict. c. 59Repealed or amended over 130 enactments1881Statute Law Revision and Civil Procedure Act 188144 & 45 Vict. c. 59Repealed or amended or amended almost 100 enactments relating to civil procedure.1883Statute Law Revision Act 188346 & 47 Vict. c. 39Repealed or amended over 475 enactments1883Statute Law Revision and Civil Procedure Act 188346 & 47 Vict. c. 49Repealed or amended over 475 enactments1887Statute Law Revision Act 188750 & 51 Vict. c. 59Repealed or amended over 200 enactments
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.
Subsequent developments
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 other 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 section 1 of, and the schedule to, the Statute Law Revision Act 1908 (8 Edw. 7. c. 49)), which came into force on 21 December 1908.
In section 3(3) of the act, the words " of the Crown, or in Cornwall " were repealed by section 1(1) of, and part I of schedule 1 to, the Statute Law (Repeals) Act 1973, which came into force on 18 July 1973.
Section 14 of the act was repealed by section 1(1) of, and group 1 of part I of schedule 1 to, the Statute Law (Repeals) Act 1993, which came into force on 5 November 1993.
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.