By _13 G. 2. c. 18._ § 6., for the better and more speedy execution of
process within particular franchises or liberties, the sheriff of every
shire, being no city or town made a shire, within which there is any
franchise or liberty, the lord or proprietor whereof is of right intitled
to the return of writs within such franchise or liberty, shall (if
required by any such lord or proprietor) within one month next after such
request made to him for that purpose, nominate and appoint one or more
sufficient deputy or deputies, at the proper costs and charge of such
lord or proprietor, to be resident at some convenient town or place in or
near such franchise or liberty, to be for that purpose appointed by the
lord high chancellor of Great Britain, and the chief justices of his
Majestys courts of Kings Bench and Common Pleas for the time being, or
any one of them, who is and are hereby authorized and impowered to
appoint such convenient town or place as to him or them shall seem meet,
and to settle and direct what costs and charges shall be paid therefore
by such lord or proprietor; and such deputy or deputies shall reside at
such town or place so to be appointed as aforesaid, and shall have
authority in the sheriffs name, and is and are respectively authorized
and impowered to receive and open all such writs and process (the
execution or return whereof doth of right belong to the lord or
proprietor of any such franchise or liberty) and thereupon in the name,
and under the seal of the sheriff, to make and issue out such warrant or
warrants to such lord or proprietor, as by law is requisite, for the due
execution of such writs or process; and every such deputy or deputies is
and are hereby required, upon tender of any such writ or process, to
receive and open the same, and to issue out such warrant thereon, without
delay, in such manner and form as the sheriff himself may or ought to do,
without taking any further or other fee than what is now due and
accustomed for such warrant; upon pain that every such sheriff or deputy
respectively, who shall be guilty of any wilful neglect or default in the
premises shall be liable to be punished for the same, as for a contempt
of one of his Majestys said Courts of Chancery, Kings Bench, or Common
Pleas (as the case shall require), and shall likewise make satisfaction
to the party or parties that shall receive damage thereby.
[Sidenote: _Ca._ and _non om._]
_Note._ It is now usual to take out the _capias_ and _non omittas_
together, without staying for the sheriffs return[29]. _Gilb. Hist. C.
P._ 26.
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