| Chap. 91.
27 El. 12. |
Ships.
' Every Under-Sheriff, Bailiff of Franchise, Deputy
and Clerk of every
' Sheriff and Under-Sheriff, and other persons that take on them to
impannel
' or return any Inquest, Jury or Tales; or intermeddle with Execution
' of Process in any Court of Record, shall before they meddle with
' the Execution of such Office, or Execution of Process, take the Oath
of
' Supremacy, 1 El. 1. And this Oath Mutatis mutandis.
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225
§. 6.
Oath of
Sheriff and
Bailiffs. |
| 27 El. 12. |
I A. B. shall not use or exercise the Office
of Under-Sheriff corruptly,
during the time that I shall remain therein; neither shall or will accept,
receive or take, by any colour, means or device whatsoever; or consent
to the taking of any manner of Fee or Reward of any person or persons,
for the Impannelling or Returning of any Inquest, Jury or Tales,
in any Court
of Record for the Queen; or betwixt Party and Party above Two shillings,
or the value thereof; or such Fees as are allowed and appointed for the
same,
by the Laws and Statutes of this Realm; but will, according to my power,
truly and indifferently, with convenient speed, impannel all Jurors,
and
return all such Writ or Writs touching the same as shall appertain to be
done
by my Duty or Office, during the time I shall remain in the said Office.
So
help me God.
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| 27 El. 12. |
' And if any person shall intermeddle, &c. not
having taken the said
' Oath, he shall forfeit 40 li. A moiety to the King,
and the other moiety
' to the Prosecutor. |
Forfeiture. |
|
' And the Justices of Peace, in their Sessions,
have power to hear and
' determine the defaults against that Act, as well by Presentment and Information
' as Indictment; and, upon Conviction, to award Execution for
' the Forfeitures, by Fieri facias, Attachment, Capias or Exigent,
and the
' Custos, &c. |
|
27 El. 12.
P. 32, 33. |
The Custos Rotolurom, or any two Justices
of the Peace, the one being
of the Quorum (Ex Officio, and without any Commission to
that purpose
to them to be directed) may take the Oaths of the Under-Sheriff of their
County, his Bailiffs, Deputies, Clerks and other Officers, before they
shall exercise their said Offices.
sc.
The Oath of Supremacy.
The Oath for the true exercising of their Offices. |
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But special Bailiffs made for the serving of Process,
are not to be sworn
by this Statute, as Mr. Crompton reporteth, and saith, That it
was so adjudged
in the Kings Bench. And yet the words of the Statute be, That
every
person which shall have authority, or take upon him to intermeddle
with Execution of Process, &c. shall receive and take the said
Oaths,
Crompt. 76, & 103. ' And so it was resolved M. 7
Car. 1. Jones Rep. 249.
' And the same matter was also in question lately in the Kings-Bench,
but
' not resolved that I remember. |
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' Sheriffs, Under-Bailiffs, their Bailiffs or Ministers
shall not make out
' any Process on any Indictments or Presentments in their Leets or
Turns,
' but shall deliver the same to the Justices of Peace at their next Sessions;
' or in default thereof, shall forfeit 40 li. And the Justices
of Peace
' may proceed thereon, as if such Indictment or Presentment were taken
' before them, and may arraign and deliver the parties indicted; and
such
' as be indicted of Trespass shall make such Fine as they in their discretions
' shall think fit; and the Estreats shall be inrolled and delivered by
Indenture.
' And if the Sheriff, &c. shall arrest, &c. any person or levy
' such Amerciament without such Authority, he shall forfeit One hundred
' pound. 7 E. 4. 2. |
§. 7. |
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