A Letter to John Wilkes, Esq; Sheriff of London and Middlesex: In Which the Extortion and Oppression of Sheriffs Officers, With Many Other Alarming Abuses, Are Exemplified and Detected; and a Remedy ProposedHolloway, Robert, active 1771-1808
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A Letter to John Wilkes, Esq; Sheriff of London and Middlesex: In Which the Extortion and Oppression of Sheriffs Officers, With Many Other Alarming Abuses, Are Exemplified and Detected; and a Remedy Proposed
Holloway, Robert, active 1771-1808
Crime; Extortion; Freedom; Sheriffs
You should regulate the expence of lock-up-houses, and have those
regulations hung up for the INSPECTION of prisoners.
YOU SHOULD PREVENT ANY OFFICER KEEPING A LOCK-UP-HOUSE, OR HAVING ANY
INTEREST THEREIN.
To enumerate ALL the frauds and artifices practised by these _gentlemen_
would swell this Letter to a voluminous size. Suffice it therefore, that
I have pointed out more malpractices than you will easily rectify, or
could have comprehended from COMMON report, notwithstanding you conceived
them to be both numerous and flagrant.
Having thus far shewn what is practised in open defiance of all laws
human and divine, it will not be improper to remark how far these
outrages are carefully prohibited by the strict letter of the laws now in
force.
No arrest is lawful, unless the bailiff absolutely lay his hand on the
defendant; for the writs express arrest by the words CAPIAS, ATTACHIAS,
that is, to take and catch-hold; therefore, breaking open doors to make
an arrest is no more lawful than breaking them to commit a burglary; for
every act of violence is unlawful till the arrest be made and complete.
No arrest in civil cases is to be made with violence, by breaking open
doors, unless when regular possession shall be recovered of any house,
and the defendant happens to be in SUCH HOUSE. Therefore bailiffs enter
at their peril, and the defendant is justifiable in putting him to death
in the very instant he ATTEMPTS to raise a latch; for it would be absurd
to suppose the laws will protect a man in the commission of an unlawful
act.
Any bailiff MALICIOUSLY arresting any person, where no cause of action
is, shall suffer six months imprisonment, and shall pay treble damages,
with a forfeiture of 10l. before he is discharged.
No bailiff shall take more fees than what the law allows upon pain of
incurring a penalty of 40l. with treble damages, to the party aggrieved.
Attachment lies against him for executing a writ OPPRESSIVELY by FORCE,
EXTORTION, or in any CORRUPT manner.
But our laws have originally considered sheriffs only ostensible for the
due execution of writs, and therefore take little notice of their
deputies, but make him answerable for THEIR acts in a ministerial
capacity; and equitably so, for the law supposes him capable of avoiding
evils of this nature by chusing proper persons.
Public-domain text, read in full here on John Shaqi.
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