collection RG6.14 - Sheriffs' fonds

Zone du titre et de la mention de responsabilité

Titre propre

Sheriffs' fonds

Dénomination générale des documents

  • Document textuel

Titre parallèle

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  • Source du titre propre: Title based on contents of the fonds

Niveau de description

collection

Code de référence

CA PCA RG6.14

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Mention d'échelle (cartographique)

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Mention d'échelle (architecturale)

Juridiction responsable et dénomination (philatélique)

Zone des dates de production

Date(s)

  • 1885-1947 (Production)
    Producteur
    Prince Edward Island. Sheriff

Zone de description matérielle

Description matérielle

1.78 m of textual records

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Titres parallèles de la collection

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Numérotation à l'intérieur de la collection

Note sur la collection

Zone de la description archivistique

Nom du producteur

Prince Edward Island. Sheriff

Notice biographique

When Prince Edward Island first came under control of the British, a Provost Marshall was appointed by the Crown to perform the duties usually associated with the role of a sheriff "before fit Persons could be had to fill and supply that Office". By 1786, government officials were becoming concerned with the stability of this position, in particular with the inadequate salary of the post which might lead the incumbent to resort to less honorable means of securing a living by being "induced thereby to practice Extortion, and to become variously oppressive to his Majesty's Subjects." To remedy this situation and, "to bring this Government, as near as may be, to resemble the envied and happy Constitution of our Mother Country," the position of High Sheriff was created by statute. The Chief Justice of the colony was authorized, on the third Monday in April annually, to select three qualified individuals from whom the Governor would then appoint one to the position of High Sheriff for the upcoming year. If the chosen individual refused to accept the office, he would be fined £10 and the Governor would then choose from among the other two candidates. No person was obligated to hold the office for more than a year nor to hold it again within the next seven years from having held it. By 1875, sheriffs were appointed for each of the three counties. The sheriffs, in turn, could appoint under-sheriffs, later known as deputies, to assist them. If a Sheriff should die or be removed before his year was out, the under sheriff would continue in his place until another was appointed. The sheriffs could also appoint bailiffs.

The sheriff were responsible for various duties arising from the actions taken by the various courts in PEI, including the Supreme Court, Court of Chancery, Commissioners' Courts for the Recovery of Small Debt, County courts, City Police Court, as well as actions initiated by the Justices of the Peace. The sheriffs were responsible for acting on any Writ, Process, or Execution delivered to them in due time or pay a penalty. They were to levy and receive monies collected from executions, writs, or processes issued by any court of record of the province. They were also responsible for summoning both Grand and Petit juries.

The Sheriffs were required to keep records, in the form of process, execution, and cash books, of the legal actions and fees for which they were responsible. At the end of each year, they were "to render to the Supreme Court in Charlottetown a true and faithful account of such debts, duties, fines, and forfeitures to the Crown as shall be levied by (the sheriffs) or otherwise come into (their) hands" together with the names of the persons involved. The Clerk of the Supreme Court was responsible for auditing and certifying the records. The outgoing Sheriffs were required to turn over to their successors, "all such prisoners, writs, and process, and all records, books, and matters appertaining to the office."

Historique de la conservation

Présentation du contenu

This fonds consists of administrative and financial records of the offices of the Sheriffs of King's County and of Prince County spanning the years 1885 to 1947. These records include process and execution books, ledgers, correspondence, lists of jurors, and other miscellaneous papers generated by the sheriffs' offices. This fonds is divided into two series: King's County records and Prince County records.

Zone des notes

Classement

Langue des documents

  • anglais

Écriture des documents

Localisation des originaux

Disponibilité d'autres formats

Restrictions d'accès

NO RESTRICTIONS ON ACCESS

Délais d'utilisation, de reproduction et de publication

PERMISSION FOR USE AND REPRODUCTION IS REQUIRED FROM THE PUBLIC ARCHIVES AND RECORDS OFFICE; QUESTIONS REGARDING COPYRIGHT ARE THE RESPONSIBILITY OF THE USER

Instruments de recherche

SERIES AND SUBSERIES DESCRIPTIONS AS WELL AS VOLUME AND FILE LISTINGS AVAILABLE

Éléments associés

See also: RG6.1, Supreme Court fonds; RG6.3, County Courts fonds; RG6.12, Courts of Commissioners for the Recovery of Small Debts fonds; Acc2593/4-11, and Acc4687, F. J. E. Wright fonds. Also see the various statues relating to the above mentioned courts which record the duties assigned to the sheriffs with respect to the specific courts. In particular see 1786, Cap. XV, p. 1332-137, and 1888, Cap. I, p. 1-17

Éléments reliés

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Numéro normalisé

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Identifiant de la description du document

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Niveau de détail

Langue de la description

  • anglais

Langage d'écriture de la description

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