By § 20. the sheriffs or other officers to whom the returning of juries
doth or shall belong, for any county, city or place, shall not impanel or
return any person or persons to serve on any jury for the trial of any
capital offence, who at the time of such return would not be qualifyed in
such county, city or place, to serve as jurors in civil causes for that
purpose. [Made perpetual by _6 G. 2. c. 37._ § 1.]
[Sidenote: Distress.]
By _51 H. 3. st. 4._ (_De Districtione Scaccarii_) When a sheriff or
other the Kings bailiff doth take the beasts of another for the Kings
debt, or any other cause, they to whom the beasts belong may feed them
without disturbance so long as they be impounded, without giving any
thing for their keeping. And the beasts, nor no other distress taken for
the Kings debt, nor for any other cause be given, nor sold within fifteen
days after the taking. And if any bring the tally of a payment made in
the exchequer the distress shall cease. And if he bring the tally of any
sheriff or bailiff of payment made to him of the thing demanded, and will
find pledges to be at the exchequer at the next account, to do what shall
be right, then the distress shall cease. But no man of religion nor other
shall be distrained by his beasts that gain his land nor by his sheep,
for the Kings debt or the debt of another, nor for any other cause, by
the Kings bailiff nor by any other man, but until they can find another
distress or other chattels sufficient whereof they may levy the debt or
that is sufficient for the demand, except impounding of beasts when a man
finds them doing damage according to the law and usage of the land. And
that the distresses be reasonable after the amount of the debt or demand
according to reason and not outrageous. Howbeit all sheriffs and bailiffs
who have received the Kings debts of the summons of the exchequer, and
have not acquitted the debtors thereof at their next account, shall be
punished according to the statutes lately made.
[Sidenote: Replevin.]
By _Stat. de Marleberge_ _52 H. 3. c. 21._[48] if the beasts of any man
be taken and wrongfully withholden, the sheriff after complaint made to
him thereof, may deliver them without let or gainsaying of him that took
the said beasts, if they were taken out of liberties. And if they were
taken within liberties and the bailiffs of the liberty will not deliver
them, then the sheriff for default of those bailiffs shall cause them to
be delivered.
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