After Sept. 29, 1717, none

thall buy, &c.

the office of

&c.

feem meet, with regard to the expence and trouble each refpective fheriff hath had or fhall have in the execution of the faid procefs.

X. And whereas the office of under-fheriff, and other offices and places in the difpofal of the high-fheriff, have of late years been frequently fold, and let to farm, contrary to the feveral ftatuies heretsfore made for refraining fheriffs from fuch practices, and contrary to the oath and duty of a sheriff, whereby many and great inconve niencies have happened to the Jubjects of this realm by the oppreffions and exactions of under-fheriffs, bailiffs, and other officers concerned in the execution of the King's process: for remedy whereof, be it enacted by the authority aforefaid, That from and after the faid twenty ninth day of September in the year of our Lord one thousand seven hundred and feventeen, it thall not be lawunder-fheriff, ful to or for any perfon or perfons whatfoever, to buy, fell, let, or take to farm, the office of unde::-fheriff, deputy-sheriff, fealkeeper, county-clerk, hire-clerk, gaoler, bailiff, or any other office or place pertaining to the office of high-fheriff of any county or thire in England or Wales, or to contract for, promife, or grant for money, or other reward or benefit, the faid offices or places, or any of them; nor to give, take, promise or receive any other confideration whatfoever for the faid offices, or any of them, directly or indirectly by themselves, or any person in truft for them, or for their ufe; and whofoever shall offend therein shall forfeit the fum of five hundred pounds, a moiety profecutor; to whereof to his Majefty, his heirs and fucceffors, and the other be recovered moiety thereof to fuch perfon or perfons as fhall fue for the in any court at fame, to be recovered by action of debt, bill, plaint or informaWestminster. tion in any of the courts of record at Westminster, in which no

on forfeiture of 500l. one half to the King, the

other to the

ing an under

effoin, protection or wager of law fhali be allowed, nor any more than one imparlance; provided, That such fuit be cominenced within two years after fich offence committed, and not otherwise.

Profecution within two years. Nothing ante XI. Provided, That nothing in this act before contained shall fhall hinder a any ways hinder or prevent fuch high fheriff from conftituting high-fheriff and appointing an under-fheriff or deputy-sheriff to act in his from appoint. ftead, as by law he may and ought to do; nor to hinder the fheriff, &c. nor under-fheriff in cafe of the high-fheriff's death, when he acts as an under-the- high-fheriff, from conftituting or appointing a deputy, which riff acting as he is hereby impowered to do; nor to hinder, prevent or ahigh-theriff on bridge fuch fheriff or under-fheriff, from demanding, taking or from appoint receiving the just and lawful fees and perquifites of the office of ing a deputy, fheriff, or any place or employment pertaining thereunto, or for taking fecurity for the due anfwering the fame; nor to difcharge, hinder or prevent fuch under-fheriff, deputy-fheriff, feal-keeper, county-clerk, fhire-clerk, gaoler, bailiff or other perfon, having or executing any place or office under fuch fheriff, from accounting to the high-fheriff for all fuch juft and lawful fees and perquifites as fhall by them, or any of them, be taken and received in their refpective offices, places or imployments, nor for giving security so to do; nor to hinder or prevent the high

nor from tak ing the fees,

&c, nor dif.

charge fuch under-fheriff, &c. from ac counting for

fees, &c. nor

hinder the the riff from al

sheriff

fheriff, &c.nor

fheriff from allowing or fecuring fuch falary or recompence to his lowing falaries under-fheriff, deputy-fheriff, feal-keeper, county-clerk, thire- to his underclerk, gaoler, bailiff or other officer, for the execution of the faid the under-theoffices, places or imployments, or any of them, as to him fhall riff, &c. from seem meet; nor to hinder or prevent the under-fheriff, deputy- receiving the fheriff, feal-keeper, or other officer or perfon aforementioned, from taking and receiving fuch falary and recompence for his or their pains and fervices therein.

fame.

XII. And for the more effectual enforcing and obliging the refpective clerks of affixes, clerks of the peace, clerks of the commiffioners of fewers, clerks of the market, town-clerks, or other persons to whom it doth or may belong to make returns of eftreats into the court of Exchequer, to make out and deliver their respective eftreats, duplicates, certificates and Schedules in due time, fo that the fberiff may not be hindered or retarded in the paffing his account for want of the faid eftreats according to the direction, purport and intent of an act made in the two and twentieth and three and twentieth years of the reign of his late majefty King Charles the Second, intituled, An act for the better and more certain recovery of fines and forfeitures due to his Majesty, and made perpetual by an act made in the Befides the fourth and fifth years of the reign of their late majefties King William penalties in and Queen Mary; be it enacted by the authority aforefaid, That the acts of 22 &23 Car. 2. over and above the penalties mentioned in the said acts, or either of them, it shall and may be lawful to and for the barons perpetual by of the court of Exchequer, from time to time, to amerce fuch 4 & 5 W. & clerk of the affize, clerk of the peace, clerk of the commiffioners M. c. 24. f. of fewers, clerk of the market, town clerk, or other person, to whom it doth or may belong to make returns of eftreats into clerks of the the faid court of Exchequer, as aforefaid, for refufing, neglect- affizes, &c. ing, or omitting to perform and do his or their duty in returning for refufing, the faid eftreats, at the times and according to the direction, eftreats into purport and intent of the faid two acts, and to cause the faid theExchequer amerciaments to be levied and answered by such ways and means, and may cause and in fuch manner as other amerciaments fet in the faid court such amercements to be lemay or have been used to be done. vied as ufual,

C. 22. made

the barons

may amerce

4.

&c. to return

XIII. And for preventing of oppressions and injuries which may happen to his Majesty's fubjects, by the abuse of freriffs, bailiffs, and No theriff or others, imployed in levying and collecting any debts, duties or fums of ed in levying, money, due or hereafter to become due to his Majefty, his heirs or &c. debts to fucceffors, by process of the court of Exchequer be it enacted by the the crown authority aforefaid, That no fheriff, under-fheriff, bailiff, or fhall take any other perfon imployed in levying or collecting any of the faid fee for levying, &c. debts, duties or fums of money, fhall take, ask, or receive any fee, gratuity, or reward whatfoever, of the perfon or persons liable to pay the faid debts, duties, or fums of money, or of except 4 d. onany other perfon, for or upon pretence of fuch levying or col- ly for an aclecting, except the fum of four pence only for an acquittance quittance. for fuch fum as fhall be fo levied or collected; which acquittance fuch officer is hereby required to give and deliver to the perfon upon or from whom fuch debt fhall be levied, collected or received; and the bailiff or other perfon receiving fuch debt or fum of money fhall, from time to time, anfwer and account VOL, XIII. for

Ff

.

quittance

accounts in

the Exche

quer.

If a fheriff,

&c. fhall nichil, &c. fuch

led.

And the bai. for the fame to the fheriff or his deputy, and may require an acliff,&c.receiv- quittance alfo from fuch fheriff or his deputy for fuch fum, who are ing fuch debt fhall account hereby required to give the fame without any fee or reward; for the fame and of and from fuch debts or fums of money fo levied, colto the fheriff, lected or received as aforefaid, the faid fheriffs, and every of &c. and may them, fhall effectually discharge the faid debtors and perfons require an ac- refpectively by totting and answering the fame to his Majesty, without fee. his heirs and fucceffors, upon their respective accounts in the And the the- Exchequer: and in cafe any fheriff, under-fheriff or deputyriff is to an heriff thall nichil or not duly answer to the crown any debt or fwer it on his fum of money fo levied, collected or received, fuch sheriff, under-fheriff or deputy-(heriff for every fuch offence thall forfeit treble damages to the party aggrieved, and double the sum so nichilled or not duly answered as aforefaid; which faid damages and penalty shall be ordered, decreed and given to the perfon debts collec- aggrieved by the court of Exchequer, upon complaint and proof ted &c.he for- of fuch abuse as aforefaid made and exhibited before the barons feits treble da- of the faid court, in fuch fhort and fummary way and method, mages to the as to them thall feem meet: and in cafe any theriff, underparty, and fheriff, deputy-fheriff, bailiff or other perfon fhall prefume to double the fum fo nichil. demand, take or receive any fum or fums of money whatsoever, be the fame more or lefs, of any perfon whatfoever, from whom The penalty to be ordered any debt or fum of money is or thall be due and payable to the by the Exche- crown by process out of the court of Exchequer, for or in respect or upon pretence of executing the faid process, or for or in quer in a refpect or upon pretence of fees due to them, or any of them, for collecting or receiving the fame, contrary to the true intent and meaning of this act; or if any of the officers or perfons aforefaid fhall demand, take and receive any fum or fums of money whatsoever for not levying or forbearing to levy any debts, duties or fums of money, which are or fhall be due to his Majefty, his heirs and fucceffors, and written out to them, or any of them by the process aforefaid: in all and every fuch case every perfon fo offending, and being thereof lawfully convicted, shall be adjudged, deemed and taken, and is and are hereby ad&c. or for not judged, deemed and taken to be guilty of extortion, injuftice levying, &c. he is guilty of and oppreffion; and all and every fuch person and perfons beextortion; ing thereof lawfully convicted, fhall forfeit for every fuch offence and forfeits treble damages and cofts to the party aggrieved, and double the fum fo extorted: all which damages and penalties fhall be ordered, decreed and given by the barons of the court of Exchequer upon complaint and proof of fuch extortion made and exhibited before them, in fuch fhort and fummary way and method, as to them (hall feem meet as aforefaid; provided fuch conviction be had and made within two years after fuch offence if conviction committed, and not otherwise. -be within two years after such offence.

fummary
way.

Mad if a the-
Fiff, &c. de-

mands or

takes any mo

ney for executing fuch procefs; or as fees, for collecting fuch debts,

treble damages, &c.

to the party grieved, and double the

fum extorted,

to be ordered

as above,

But the fhe

XIV. Provided, That nothing in this act contained fhall be riff may take conftrued to deprive any fheriff of fuch poundage or allowance fuch pound- as is allowed and given to them by virtue of this act, or of fuch age, &c. as given by this poundage, allowance or reward as may hereafter be made, allowed and given to them, or any of them, by warrant or order

from the lord high treasurer or commiffioners of the treasury, act, or by warchancellor of the Exchequer or barons of the court of Exche- rant of the quer for the time being, for or in respect of any extraordinary for any extratreasury, &c. service to the crown that may happen to be performed by them, ordinary feror any of them: but that the faid theriffs fhall and may enjoy vice to the the full benefit and advantage of fuch poundage, allowance and crown. reward without any impeachment or moleftation whatsoever; any thing in this act contained to the contrary thereof in any wife notwithstanding.

Allorders, &c.

fhall have the

XV. And be it enacted by the authority aforefaid, That for cofts, &c. whatever orders or decrees fhall be made by the barons of the ordered by court of Exchequer for cofts, damages and penalties in the cafes this act, in a afore-mentioned, or any of them, or in any other cafe in this fummary way act hereafter mentioned, by virtue and in purfuance of this act, fame force, in fuch fhort and fummary way and method as is herein before &c. as other directed and prefcribed, thall have the fame effect, force and orders of the virtue, to all intents and purposes, as any other order or decree Exchequer. of the fame court; and the faid cofts, damages and penalties cofts, &c. fhall fhall be raised, levied and obtained by fuch procefs, ways and be raifed, &c. methods, as are used in the faid court to enforce a compliance by fuch prowith any other orders or decrees of the fame court. cefs, &c. as are

And fuch

ufed there.

&c. take a

&c. where the

XVI. And for afcertaining the fees for executing of writs of No fheriff, &c. Elegit, fo far as the fame relate to the extending of real eftates, thall for exeand for afcertaining the fees for executing of writs of Ilabere cuting anHab. facias Poffeffioném aut Seifinam; be it enacted by the authority afore- fac. poffeff. faid, That from and after the last day of Michaelmas-term in bove 1 s. per the year of our Lord one thoufand feven hundred and feven- pound of the teen it shall not be lawful for any theriff, under-fheriff, deputy- yearly value sheriff or their bailiffs, or for the bailiff of any franchife or li- of any manor, berty, or any of them, by reafon or colour of their office or of- whole exceeds fices, or by reafon or colour of their executing of any writ or not 100l. per writs of Habere facias Poffeffionem aut Seifinam, to demand, ask annum, or receive any other or greater confideration, fee, gratuity, or and 6 d. only teward, than is hereafter mentioned, (which fhall be lawful to for every 20 s. be demanded and taken) that is to fay, the fum of twelve pence yearly value. for every twenty fhillings of the yearly value of any manor, By 8 Geo. 1. meffuage, lands, tenements and hereditaments, whereof pof- c. 25. fect. 5. feffion or feifin fhall be by them or any of them given, where no more is to the whole exceedeth not the yearly value of one hundred pounds, an extent and and the fum of fix pence only for every twenty fhillings per an- liberate. num over and above the faid yearly value of one hundred pounds.

above the faid

be taken on

cuting anyCa.

XVII. And whereas it often happens that small fums only are re- Poundage maining due upon judgments, ftatutes and recognizances given, ac- fhall not be knowledged and entered into for great fums and penalties, and never-taken for exetheless in thefe cafes upon executing of writs of Capias ad fatisfaci- Sa. upon any endum, the sheriff demands and takes for his fees poundage for the judgment, &c. whole money for which fuch judgments, ftatutes or recognizances are (of which part entered or acknowledged; which poundage often far exceeds the debts is paid) for any greater due to the plaintiffs in fuch writs: for remedying of which griev- fum than ance and inconvenience, be it enacted by the authority afore- what remains faid, That from and after the faid laft day of Michaelmas-term due to the one thousand feven hundred and feventeen, poundage fhall in no plaintiff, who

Ff2

cafe

is to mark the

fame on the

back of the writ.

And any fhe

treble damages, and double the

court

cafe be demanded or taken upon executing of any writ of Capias ad fatisfaciendum, or upon charging any perfon in execution by virtue of fuch writ, for any greater fum than the real debt bona riff, &c. fo of- fide due and claimed by the plaintiff amounteth unto; which fum fending, is the plaintiff fhall be and is hereby obliged to mark and specify on guilty of ex- the back of such writ, before the fame be delivered to the sheriff tortion, &c. and for each to be executed; and in cafe any theriff, under-fheriff, deputy-theoffence fhall riff, bailiff or other person thall offend against the true meaning forfeit to the hereof, by taking any greater fees, gratuity or reward, than is party grieved herein before allowed, every fuch perfon fo offending as aforesaid, and being thereof lawfully convicted, fhall be adjudged, deemed and taken, and is and are hereby adjudged, deemed fum fo extort- and taken to be guilty of extortion, injuftice and oppreffion; and ed; to be or- all and every such person and perfons being thereof lawfully condered by the victed as aforesaid, fhall for every fuch offence forfeit to the party which iffued aggrieved treble damages, and double the fum fo extorted; the writ, in a, which faid damages and penalties thall be ordered, decreed and Summary way, given to the said aggrieved party by the court out of which such and alfo 2001. writ or writs iffued, upon complaint and proof of such extortion the King, the made and exhibited before the judges of fuch court, in fuch other to the fhort and fummary way and method, as to them fhall feem profecutor, in meet; and over and above the faid damages and penalties, every Westminster, fuch person so offending and convicted as aforefaid fhall forfeit if fuch fuit be the fum of two hundred pounds; one moiety whereof fhall be to the King's majefty, his heirs and fucceffors, and the other moiety thereof to fuch perfon or perfons as fhall fue for the fame; to be recovered by action of debt, bill, plaint or information in any of the courts of record at Westminster, in which no effoin, protection or wager of law fhall be allowed, nor any more than one imparlance; provided fuch fuit be commenced within two years after fuch offence committed, and not otherwife; and provided likewife, That no perfon be fued or profecuted by virtue of this act for any offence of this kind committed before the faid laft day of Michaelmas-term one thousand feven hundred and feventeen.

one half to

any court at

commenced

within two

years.

The high fheriff's new oath.

XVIII. And be it enacted by the authority aforefaid, That inftead of the oath usually adminiftred to sheriffs at the entring upon their offices, the following oath fhall be taken by them and each of them refpectively, excepting the sheriffs of the feveral counties in Wales, and of the county palatine of Chefter; (videlicet)

A. B. do fwear, That I will well and truly ferve the King's majefly in the office of fheriff of the county of

and promote his Majefty's profit in all things that belong to my office, as far as I legally can or may; I will truly preferve the King's rights, and all that belongeth to the crown; I will not affent to decrease, leffen or conceal the King's rights, or the rights of his franchises; and whenfoever I shall have knowledge that the rights of the crown are concealed or withdrawn, be it in lands, rents, franchises, fuits or fervices, or in any other matter or thing, I will do my utmost to make

them