WILLIAM SMALLWOOD, Esq; Governor.
or person, do and shall not bring into and have in court the body or
bodies of the person or persons mentioned, according to the tenor of the
process or order, and the return thereof, the plaintiff or person obtaining
such process or order, may move, that the sheriff, coroner, or other public
officer or person, nisi the court next following such motion for amerciament,
or the return of the process, or order of any sum of money or tobacco,
(having regard to the value of the matter, thing or sum, in question
or
demand) and fine for contempt and costs, to compel such sheriff, coroner,
or other public officer or person, to comply with and fulfil the tenor
of the process or order, and the return thereof as the chancellor may think
proper; and that when the said amerciament (which the chancellor may
in his discretion, as he may see just cause, continue, or enlarge, or increase,
from court to court), shall be no longer continued, enlarged or increased,
and thereby become final, the chancellor may, upon motion, order the
said sheriff, coroner, or other public officer or person, to pay the said
amerciament and costs to the plaintiff or other person at whose instance
the said amerciament is made, and fine for contempt, and upon a non-compliance
with the sid order for payment, may issue process of fieri facias
against the lands, tenements or hereditaments, goods and chattels,
of the said sheriff, coroner, or other public officer, which shall thereupon
be taken and sold to satisfy such amerciament and fine for contempt, or
the chancellor may issue a capias ad satisfaciendum against such sheriff,
coroner, or other public officer, for the said amerciament and fine for
contempt,
and there shall be the same proceeding thereon as at common law,
or the chancellor may, upon motion, order the said sheriff, coroner,
other
pubic officer or person, so amerced, and in court upon process of contempt,
or otherwise, to stand committed and be kept in close custody until
the said amerciament and costs, and fine for contempt, be fully satisfied
and
paid; and in case the amerciament aforesaid shall not be satisfied and
paid
by means aforesaid, within six months from the time it may be ordered to
be paid to the plaintiff or other person at whose instance the said amerciament
is laid, then, and immediately thereafter, such plaintiff or other
person at whose instance the said amerciament is laid, or any person representing
such person, may sue the securities of such sheriff, coroner, or other
public officer, their heirs, executors or administrators, respectively,
upon
the office bond given by such sheriff, coroner, or other public officer,
and
such securities, and their heirs, executors or administrators, respectively,
having assets, shall be liable upon such suits to pay and satisfy such
amerciament,
or any part thereof which may remain unsatisfied by such sheriff,
coroner, or other public officer. Provided always, that if the said
sheriff, coroner, or other public officer or person, so amerced, shall
at any
time before the said amerciament is made final as aforesaid, bring into
and
have in court the body of the person arrested or taken according to the
return of the said first mentioned process or order, the said sheriff,
coroner
or other public officer, shall be released and discharged from the said
amerciament upon payment of the costs incurred, and the fine for contempt. |
1785.
CHAP.
LXXII. |
XXVI. And be
it enacted, That if any sheriff, coroner or other public
office, to whose hands any writ, process or order, of the chancery court
shall come or be delivered, shall refuse, neglect or delay, to make
return
thereof, according to the tenor and day of return of such writ, process
or
order, the same not being countermanded, such sheriff, coroner or other
public officer, shall be in contempt, and process of contempt shall, upon
motion, be awarded and issued against him, and before he shall be discharged
from such contempt, he shall pay to the register, as herein before
provided, as a fine for the said contempt, a sum not exceeding ten pounds |
Penalty on
sheriffs, &c.
for neglect to
make return,
&c. |