| |
SHERIFFS (IRELAND) ACT 1817
|
| |
CHAPTER LXVIII.
|
| |
An Act to amend the Laws relating to Sheriffs in Ireland. [7th July 1817.]
|
| |
[Preamble.]
|
|
|
Sheriffs may make like return of writs against former sheriffs as against any other persons.
|
[1.] It shall and may be lawful to and for every sheriff in Ireland to account and make like return for, upon, and in respect of any writ or process issued against the person's lands and goods, or any of them, of any former sheriff, as if such writ or process had issued against any other person whatsoever; any law, usage, construction, or intendment to the contrary in anywise notwithstanding.
|
|
|
Sheriffs shall recover double costs in actions against their under sheriffs, &c. for breach of duty.
|
2. Whenever any sheriff, or any person or persons who shall have been a sheriff or joint sheriff in Ireland, shall obtain judgment in any action against any person who shall then be or shall have been his or their under sheriff, or against the surety or sureties or any of the sureties of such under sheriff, such surety or sureties having become such after the commencement of this Act, for or by reason or in respect of any breach of the duty of such office, or for or by reason or in respect of any malfeazance, misfeazance, nonfeazance, or neglect therein, then and in every such case the plantiff in every such action shall be entitled to double costs of suit to be included in such judgment, and such plaintiff shall for that purpose be entitled, under the direction of the court in which such action shall be brought to suggest on the record that such action was brought for such cause, if the same shall not sufficiently appear on the pleadings. [Rep. 5 & 6 Vict. c. 97. s. 2.]
|
|
|
Actions for neglect in office of sheriff may be brought against the under sheriff.
|
3. In all cases in which by law any action or actions might be maintained against any sheriff for any neglect or misconduct in office, it shall and may be lawful for the person or persons, to whom such action or actions shall accrue, to bring such action or actions against the under sheriff in lieu and instead of the high sheriff, if such person or persons shall think proper so to do, unless it shall appear that the cause of action arose from some immediate act or default of the high sheriff alone, and not at all from any act or default of the under sheriff.
|
|
|
Sheriffs paying money into the Exchequer before the time required by law shall be allowed discount thereon.
|
4. It shall and may be lawful to and for any sheriff, or any person who shall have been sheriff in Ireland, to pay or cause to be paid into his Majesty's Exchequer of Ireland, at any time before such sheriff shall by law be bound or required so to do, any sum or sums of money which he shall think proper, on account of any revenue which it shall belong to him or be his duty to collect, receive, or account for; and such sheriff in such case shall be entitled to have and obtain an acquittance from the proper officer for such sum or sums so paid, and shall be entitled to credit for the same and for interest by way of discount out of the sum so paid at the rate of six pounds per centum per annum from the time of such payment until the time when by or under any Act of Parliament, or by the course of the Court of Exchequer, such sheriff ought to pay in the same.
|
|
|
After attachment for not accounting, sheriff shall pay interest for all money remaining unpaid by him. After attachment for nonpayment, sheriff shall pay double interest.
|
5. From and after the time when any attachment shall be sealed in the Court of Exchequer in Ireland against any sheriff or person who shall have been sheriff for not accounting, such sheriff shall be chargeable and charged with and shall pay legal interest on all and every sum and sums of public money with which he shall be chargeable, so long as such sum or sums shall remain unpaid; and from and after the time when any attachment shall be actually sealed in the Court of Exchequer in Ireland against any sheriff or person who shall have been sheriff for the non-payment of any sum of public money, such sheriff shall be chargeable and charged with and shall pay double the ordinary legal interest on such sum, until the payment of such sum; and the payment of all such interest and double interest shall be enforced in the same manner as the payment of the principal sum in respect whereof such interest or double interest shall be payable as aforesaid.
|
