HC Deb 30 July 1935 vol 304 cc2599-600

"—(1) The Sheriff of Calcutta shall be appointed annually by the Governor of Bengal from a panel of three persons to be nominated on the occasion of each vacancy by the High Court in Calcutta.

(2) The Sheriff shall hold office during the pleasure of the Governor and shall be entitled to such remuneration as the Governor may determine and no other remuneration.

(3) In exercising his powers with respect to the appointment and dismissal of the Sheriff and with respect to the determination of his remuneration the Governor shall exercise his individual judgment."

The DEPUTY-SPEAKER

I have to call the attention of the House to the fact that this Amendment raises a question of Privilege.

9.19 p.m.

The SOLICITOR-GENERAL (Sir Donald Somervell)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

For many years there have been sheriffs in the three Presidency towns. The sheriffs in Bombay and Madras have in the course of time become purely honorary and honorific, but the sheriff of Calcutta, who is in charge of the issue of writs and the execution of writs and judicial processes, is an important person in the administration of justice. Therefore it has been thought desirable that provision should be made in the Bill for his appointment by the Governor, exercising his individual judgment, from a panel and should hold office during the pleasure of the Governor, his remuneration to be determined by the Governor. The sheriff is not a judge but for historical reasons he is an important officer in Calcutta in the administration of justice.

Mr. ATTLEE

Is there any reason why this official should be appointed by the Governor acting in his own individual judgment? I am not clear what the sheriff does. I gather that he issues writs and does other things. Is he a judicial officer? What is he exactly, and why should he be appointed by the Governor acting in his individual judgment?

The SOLICITOR-GENERAL

The sheriff in Calcutta is responsible for the issue of writs, the execution of writs and the service of process. He has his own staff and he is, therefore, an important person in the administration of justice. As I have said, he has not the same position as a judge, but he is an important officer concerned with the administration of justice, and it has been thought right that he should be taken out of politics and his appointment made, after consultation with the Minister, by the Governor.