Section 23 Obligation to appoint under-sheriff and declaration of office by under-sheriff.C1C2
England and Wales
Every sheriff shall within one month after the notification of his appointment in the London Gazette by writing under his hand appoint some fit person to be his under-sheriff, and shall transmit a duplicate of such written appointment to the clerk of the peace for the county which shall be filed by him among the records of his office.
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Every under-sheriff shall before he enters on the execution of his office make a declaration in the form in the Second Schedule to this Act or to the like F2 effect—
before one of the judges of Her Majesty’s High Court; or
in the county for which such under-sheriff is appointed before a justice of the peace.
Annotations
Textual amendments
- F1
S. 23(2) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. I Group 1
- F2
S. 23(3)(a)(b) and preceding word substituted (1.4.2005) for words by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 60; S.I. 2005/910, art. 3(y)
Modifications
- C1
S. 23 amended by Local Government Act 1972 (c. 70), s. 219(5)
- C2
References to clerk of the peace for the county to be construed as references to proper officer of county council: Courts Act 1971 (c. 23), Sch. 8 para. 1 and Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(b)
- C3
S. 23(1)(3) modified by Administration of Justice Act 1964 (c. 42), s. 19(4)