By _32 G. 2. c. 28._ § 12. every sheriff, undersheriff, bailiff of any
liberty, bailiff, serjeant at mace, gaoler and other officer and person
as aforesaid, who shall in anywise offend against this act (see before C.
5.) shall, for every such offence (over and above such penalties and
punishments as he or they shall be liable unto by the laws now in force)
forfeit and pay to the party thereby aggrieved the sum of 50l. to be
recovered with treble costs of suit, by action of debt, bill, plaint or
information, in any of his Majestys courts of record at Westminster.
[Sidenote: Account.]
By _Stat. de Marleberge_ (_52 H. 3. c. 23._) if bailiffs which ought to
make account to their lords do withdraw themselves and have no lands nor
tenements whereby they may be distrained, they shall be attached by their
bodies, so that the sheriff in whose bailiwick they be found shall cause
them to come to make their account.
[Sidenote: Wreck and stray, &c.]
Account lies of wreck and stray though the bailiff does not seize it; for
he shall account of all that he received and might have received. _Br.
Accompt._ _pl._ 94. (_cites_ _10 H. 7. 6._)
So of toll, and of the profits of a common pound. _Ibid._
[52] If execution be directed to a sheriff to arrest any man or to make
execution within a liberty, and the sheriff directs his warrant to a
[_l._ the] bailiff of the liberty for to make execution of the process,
'who' makes it, and after is a fugitive, and not able to answer for
that, the lord of the franchise shall answer for that, and shall be
liable to answer for his bailiff by all the justices. _2 Brownlow._ 50.
[53] Before this statute, when the return which the bailiff of the
franchise made to the sheriff was not sufficient, the court has refused
to amerce the bailiff, because he was not minister to the court.
_T. 20 E. 3._ _Fitz. Retourne del vicount._ 113.
CHAPTER VIII.
OF HIS FEES.
[Sidenote: Arrest.]
By _23 H. 6. c. 9._ sheriffs, undersheriffs, bailiffs of franchises, nor
any other bailiff, by occasion or under colour of their office, shall
take any other thing of any person by them to be arrested or attached for
the omitting of any arrest or attachment, for fine, fee, suit of prison,
mainprise, letting to bail, or shewing any ease or favour to any such
person, for their reward or profit, but such as follow, _viz._ For the
sheriff, 20d.; the bailiff which maketh the arrest or attachment, 4d.;
and the gaoler, if the prisoner be committed to his ward, 4d.; nor for
the making of any return or panel, and for the copy of any panel, but 4d.
(Penalty treble damages and 40l.)
[Sidenote: Extent or execution.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account