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Sheriffs Act 1887

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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act of the Parliament of the United Kingdom that consolidated for England and Wales enactments relating to sheriffs and repealed from 1275 to 1881 which had ceased to be in force or had become necessary.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).

In the United Kingdom, acts of Parliament remain in force until expressly repealed.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.

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 MP. 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 MP. 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.

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).

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