Report No. 248

5. Sheriffs' Fees Act, Act 8 of 1852

Category: Administration of Justice

Recommendation: Repeal

This Act was enacted to remunerate Sheriffs of the presidency towns of Bombay, Calcutta and Madras, at a time when Sheriffs executed legal processes issued by courts. Now, Sheriffs do not exercise judicial or executive functions. They perform an apolitical, non-executive role and preside over various city-related functions and conferences. Sheriffs are now not paid by the Central Government.

Most provisions of this Act have been repealed. The only operative section is section 8, which deals with the liability of the Sheriffs in case persons taken for execution escape. This is no longer relevant since Sheriffs now enjoy only a ceremonial position in the administrative hierarchy.