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Sheriffs.
' 2. No Bailiff of Liberty, or his Deputy,
shall return any Juror, or
' deliver the name of a Juror to the Sheriff, his Under-Sheriff, or
Deputy,
' without such Addition, &c. |
Chap. 90. |
| Estreats. |
' 3. No Extract of Issues against a Juror,
returned as aforesaid, shall be
' delivered out, renewed, or put in use, without the Addition put in the
' original Pannel or Tales. |
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' 4. No Under-Sheriff, Bailiff, &c. shall
collect any Issues so extracted
' of any other, than of such person as by the Extract is right charged
or
' chargeable with the payment thereof. |
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| Penalty. |
' Upon pain that the Clerk writing, &c.
And every person offending
' against that Act, shall forfeit to the Queen five marks, and to the
party
' suffering loss, five marks. |
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' Justices of Peace may inquire, hear, and determine
thereof, as well
' within Liberties as without, and make Execution for the Forfeitures. |
27 E. 7. |
§. 3.
Jurors. |
' No Sheriff, &c. shall return Juror, that cannot
dispend 4 li. upon a
' Venue, upon pain to forfeit 20 s. |
27 El. 6. |
| Issues. |
' Upon the first Distringas, or Habeas
corpora, the Sheriff, &c. shall
' return for Issue upon every Juror, 10 s. upon the second 20 s.
upon the
' third 30 s. And upon every further Writ, to double the Issues,
or forfeit
' 5 li. |
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| False Summons. |
' If any be returned Summoned, where he is not Summoned,
and lose
' Issues for not appearing, the Sheriff, &c. in whose default it
is, &c. shall
' forfeit double his Issues. |
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Reward
for sparing. |
' If a Sheriff, &c. shall take, or have by himself,
or any other any reward
' or profit for sparing, not warning, or not returning a Juror to try
' any Issue before any Justices; the party offending shall forfeit 5 li.
a moiety
' to the Queen, the other moiety to the Prosecutor in any Court of
' record, by Action, &c. or Information. |
27 El. 6. |
| §. 4. |
' No Sheriff, for the year that he is Sheriff, shall
exercise the Office of
' a Justice of Peace for that County; but all Acts done that year by
him,
' by vertue of the Commission of the Peace, shall be void. |
1 Ma. 8. |
|
' The Reason seems to be, for that the same person
cannot well exercise
' two Offices, especially these. For as a Justice of Peace, he is
a Judge
' of Record, and hath power in many Cases to command the Sheriff, so
' cannot command himself. But this Statute requires only the forbearance
' of the Execution of his Office for that year; and he may continue
' in the Commission of the Peace. |
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§. 5.
Fees for
Execution. |
' Sheriffs, &c. shall take no more for the Execution
of any Extent, or
' Execution upon Body, Goods, or Lands, than Twelve pence in the
' pound for the first Hundred pound, and Six pence for every Twenty
' shillings more; if he do, he shall lose to the party his treble damages:
' And for every time he shall offend, 40 li. a moiety to the King,
the other
' moiety for the Prosecutor, by Plaint, Action, Bill, Suit, or Information,
' &c. 27 El. 4. |
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' By the general words of which Act, it seemeth,
That an Information
' or Bill lieth before the Justices of Peace, in Sessions. |
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' Also if the Debt be 160 li. there shall
100 s. see be paid for the 100 li.
' and 30 s. for the 60 li. residue, Latch, p. 19,
51. |
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' And the Proviso of the Statute, That it shall
not extend to Fees for
' any Execution in a Corporation, shall be intended of Actions arising
' within the Corporation: And for which, the Action is brought in
the
' Corporation Court, and Judgment there had, and not where the Sheriff
' upon any Process out of a Superior Court enters a Corporation, and
' doth execution. Latch, p. 19, 51. |
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