Chap. 39, 40.
23 H. 6.10. |
Extortion.
CHAP. XXXIX.
Extortion.
NO Sheriff, Under-Sheriff, and their Clerks, Coroners,
Stewards of
' Franchises, Bailiffs, Keepers of Prison, or other Officers or Ministers,
' by colour of their Office, shall take any other thing by them,
' or by any other person, to their use and profit, of any person to be
by
' them Arrested or Attached, nor of any other, for the permitting any
' Arrest or Attachment, or of any person, to be Arrested or Attached
' for Fine, Fee, Suit of Prison, Mainprise, or shewing ease or favor to
' any prisoner but as followeth, Sheriff 20 d. Bailiff 4 d.
Goaler 4 d. |
71 |
| 12 H. 6.10. |
' No Sheriff, Under-Sheriff, Sheriffs Clerk, Steward,
&c. or Coroner,
' shall take for making any Return, Pannel, and Copy, but 4 d. |
Pannel. |
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' The Sheriffs shall take no more than 4 d.
for making any Obligation
' Warrant or Precept. |
Fees for
Warrant. |
| 23 H. 6.10. |
' He that offends shall lose to the party, his treble
damages, and
' Forty pounds, viz. A moyety to the King, and the other moyety
to the
' Informer. |
Forfeitures.
§. 2. |
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' Justices of Peace have power to inquire, hear,
and determine of Office
' without special Commission. |
Fees. |
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' Extortion is an offence by the Common Law, and
is punishable by
' Fine, and Imprisonment; and generally Fees shall not be taken at the
' Common Law: And where any are given by Statute, they may not be
' increased or inlarged, and that not only in the Court belonging to the
' Common Law, but in the Ecclesiastical Courts: Concerning all which,
' how necessary it is, that they be looked into, and moderated, any one
' may judge, who hath any thing to do in either Jurisdiction, who must
' needs see, if not feel, they are much increased, to the great oppression
of
' Suiters, beyond the most large pretences and demands of more sober
' times. |
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' For all which Extortions, Bills of Indictment
will lie at the Sessions of
' the Peace, as it is an offence at Common Law, and where special Penalties
' are provided by Statutes; these must be recovered in the Method
' and Courts, by such Acts directed. |
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' And to speak truth, where any Act is, either by
the Common Law or
' Statutes appointed to be done by any publick Officer, he ought, in vertue
' of his place, do what is so required without taking any thing
' therefore, unless by lawful and reasonable usage, he hath a Fee belonging
' to him, or by Statute any be given him.
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CHAP. XI.
Felony.
EVery Justice of Peace (by force of the Commission,
the first Assignavimus)
may cause fresh Suit, Hue and Cry, and search to be made by
the Sheriff, Bailiffs, Constables, and others, upon any Robbery or Theft:
And also may cause the Constables to arrest and to imprison all such as
shall be suspected to be Thieves, Murtherers, or Felons. Lamb.
190. |
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2 & 3 Ph.
& Ma. 10. |
Also every Justice of Peace, may and must take the
Examination of all
such Felons or Persons suspected for Felony, as shall be brought before
him.
See hic. cap. 3. |
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2. And must take Information against them (of those
that bring them,)
sc. of the Fact, and Circumstances of the Felony and Fact. |
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