Page:Prerogatives of the Crown.djvu/334

814 Eittents. [Ch.XII. Pt.I.Sec.IX. them, or any of them, by the process aforesaid ; in all and every such case, every person so offending, and being thereof lawful- ly convicted, shall be adjudged, deemed, and taken to be guilty of extortion, injustice, and oppression ; and all and every such person and persons, being thereof lawfully convicted, shall forfeit, for every such offence, treble damages and costs to the party aggrieved, and double the sum so extorted. All which damages and penalties shall be ordered, decreed, and given, by the Barons of the Court of Exchequer, upon complaint and proof of such extortion, made and exhibited before them, in such short and summary way and method as to them shall seem meet as aforesaid ; provided such conviction be had and made within two years after such offence committed, and not other- wise." Provided, by section 14, "that nothing in this Act contained shall be construed to deprive any sheriff of such poundage or allowance as is allowed and given to them by virtue of this Act; or of such poundage, allowance or reward, as may here- after be made, allowed and given to them, or any of them, by warrant or order from the Lord High Treasurer or Commis- sioners of the Treasury, Chancellor of the Exchequer or Barons of the Court of Exchequer for the time being, for or in respect of any exti-aordinary service to the Crown that may happen to be performed by them, or any of them ; but that the said sheriffs shall and may enjoy the full benefit and ad- vantage of such poundage, allowance and reward, without any impeachment or molestation whatsoever ; any thing in this Act contained to the contrary thereof in anywise notwithstanding." It will be observed that under this statute, which relates to a seizure under an extent in aid, as well as on an extent in chief (a), the poundage is claimable from, or falls on, the Crown or other prosecutor of the extent, and not the defend- ant, because the nett debt merely is to be levied ; and as the poundage is not to be levied in addition thereto, it is payable out of the sum levied. If however the debt be secured by a penalty, poundage may be levied in addition to the debt, so that the levy do not exceed the penalty {b)i and wherever the Crown is entitled to levy its costs and charges, as mentioned in the preceding section, and is bound by the statute 3 Geo. 1. («) Parker, 180. (6) 2 Anstr. S6?. to