Page:Ruffhead - The Statutes at Large - vol 5.djvu/191

A. D. 1716. Anno tertio Georgii Regis." C. 15. 151 ' IX. And whereas it frequently happens that the Proccfs iffuing out of the Court of Exchequer, for ' levying Debts and Duties due to the Crown, may %e in Part executed by a Sheriff before he be fuper- c fede.l, ^nd afterwards in Part by the fubfequent Sheriff, and no Provifion hath hitherto been made for ' fettling and adjusting the Distribution of the Fees and Poundage claimed and demanded by them in fuch ' Cafes :' Be it therefore enacted by the Authority aforefaid, That when and fo often as any Sheriff ihall, Wh*n a Sheriff by Procefs out of the Court of Exchequer, feize or extend any Goods, Chatt. Is or perfonal Eftate, intoj"" the Hands of his Majefty, his Heirs or Succeflbrs, for any Debts or Duties due to the Crown, and fhal! : die, or be fuperfeded, before a Writ of Venditioni Exponas be awarded to him for Sale of the fame, or be- or |, f„ , j' fore fuch Sheriff hath made actual Sale thereof, and a Wiit (hall afterwards be awarded to 9. fubfequent before Sale; and Sheriff who by virtue thereof fhall make Sale or Difpofitibn of fuch Goods, Chattels and perfonal Lftate thc fobfceiucnr. fo fcifed or extended by fuch preceding Sheriff, as aforefaid, 1 in fuch Cafe the Barons of the Court of Ex- i^ 1 '*™ chequer, if then fitting, and if not fitting, the (aid Barons or any one of them, being of the Degree of the TheEjcchcquw ' Coit, fhall order, fettle and apportion the Fees or Poundage due for fuch Seizure and Sale betwixt fuch may apportion preceding and fubfequent Sheriffs, in fuch Manner and Proportions as to him or them fhall fecm meet, the Fees, Sec. with regard to the Expence and Trouble each refpective Sheriff hath had or fhall have in the Execution b,:tw ' ! f n tfic c ..1 i°- 1 n .„„„/". precedent and of the (aid Procefs. <[ hc fubf ,. nt ' X. And whereas the Office of Under-fheriff, and other Offices and Places in the Difpof.tl of the High- sheriffi c fheriff, have of late Years been frequently fold, and let to Farm, contrary to the fever.d Statutes here- ' tofore made for reftraining Sheriffs from fuch Practices, and contrary to the Oath and Duty of a Sheriff, ' whereby many and great lnconveniencies have happened to the Subjects of this Realm by the Oppref- ' (Ions and Exactions of Under-fheriffs, Bailiffs, and other Officers concerned in the Execution of the ' King's Procefs :' For Remedy whereof, Be it enacted by the Authority aforefaid, That from and after After Sept. 1% the faid twenty-ninth Day of September in the Year of our Lord one thoufand feven hundred and feven- ?7 f 7) " one S hi teen, it fhall not be lawful to or for any Perfon or Perfons whatfoever, to buy, fell, let, or take to Farm, office of tinder, the Office of Under-fheriff, Deputy-fheriff, Seal-keeper, County-clerk, Shire-clerk, Gaoler, Bailiff, or/heriff, &-c. any other Office or Place pertaining to the Office of High-fheriff of any County or Shire in England or Wales, or to contrail: for, promife, or grant for Money, or other Reward or Benefit, the faid Offices or Places, or any of them ; nor to give, take, promife or receive any other Confideration whatfoever for the " Forfeiture of faid Offices, or any of them, directly or indirectly by themfelves, or any Perfon in Truft for them, or for t 5 o °° h ' £"^ o "*" e their Ufe ; and whofoever fhall offend therein fhall forfeit the Sum of five hundred Pounds, a Moiety other to thePro- whereof to his Majefty, his Heirs and Succeflbrs, and the other Moiety thereof to fuch Perfon or Perfons fecmor ; to be as fhall fue for the fame, to be recovered by Action of Debt, Bill, Plaint or Information in any of the recovered in any Courts of Record at JVcJhninJler, in which no Eflbin, Protection or Wager of Law ihall be allowed, nor^™" ;« Wert- any more than one Imparlance ; Provided, That fuch Suit be commenced within two Years after fuch p r 'g|- e '^J ipn Offence committed and not otherwife. withinz Years. XI. Provided, That nothing in this Act before contained fhall any ways hinder or prevent fuch High- Nptningan , c fheriff from constituting and appointing an Under-fheriff or Deputy-fheriff, to act' in his ftead, as by Law (hall hinder a he may and ought to do ; nor to hinder the Under-fheriff in cafe of the High-fheriff's Death, when he acts r-Iigh-fteriff as High-fheriff, from conftituting or appointing a Deputy, which he is hereby impowereJ to do ; nor to ^ °u ri ae f °fh - r ^ff hinder, prevent or abridge fuch Sheriff or Under-fheriff, from demanding, taking or receiving the juft^' Ci r noran 'u n - and lawful Fees and Perquifites of the Office of Sheriff, or any Place or Impioyment pertaining thereunto, der-fheriffaaing. or for taking Security for the due anfwering the fame ; nor to difcharge, hinder or prevent fuch Under- as Hi*;h. fheriff fheriff, iveputy-fheriff, Seal-keeper, County-clerk, Shire-clerk, GaoTer, Bailiff or other Perfon, having " h,s Deatn > or executing^ any Place or Office under fuch Sheriff, from accounting to the High-fheriff for all fuch j lift p^'ntin^^De- and lawful tees and Perquifites as ihall by them, or any of them, be taken and received in their refpective p„ ty> nor from Offices, Places or Imployments, nor for giving Security fo to do ; nor -to hinder or prevent the High-fhe- taking the Fees, riff from allowing or fccuiing fuch Salary or Recompence to his Under-fheriff, Deputy-fheriff, Seal-keep- &c - n° r <ii( - er, County-clerk, Shire-clerk, Gaoler, "Bailiff or other Officer, for the Execution of the faid Offices, ^**& ^* ff Places or Imployments, or any of them, as to him fhall feem meet ; nor to hinder or prevent the Under- &c.frornaccouri- fheriff, Deputy-fheriff, Seal-keeper, or other Officer or Perfon aforementioned, from taking and receiving ting for Fees, fuch Salary and Recompence for his or their Pains and Services therein. &c ' nor «inde» the Sheriff tiom allowing Salaries to his Under- fherirr', &c. nor the Under-frreriff, &c. from receiving the fame. ' XII. And for the more effectual enforcing and obliging the refpective Clerks of Affizes, Clerks of 4 the Peace, Clerks of the Commifficnefs of Sewers, Clerks of the Market, Town-clerks, or other ' Perfons to whom it doth or may belong to make Returns of Effreats into the Court of Exchequer to ' make out and deliver their refpective iiftreats, Duplicates, Certificates and Schedules in due Time, ' fo t':iat the Sheriff may not be hindred or retarded in the paffing his Account for want of the faid ' Effreats according to the Direction, Purport and Intent of an Act made in the two ar.d twentieth and ' three and twentieth Years cf the Feign of his late Majefty King Charles the Second, intituled, An 1 ASi for the bitty and more certain Recovery of Fines and Forfeitures due to his Majefty and made per- ' petual by an Act made in the fourth and fifth Years of the Reign of their late Majefties King Wll- ' Ham and Queen Mary ;' Be it enacted by the Authority aforefaid, That over and above the Penalties Befides the Pe- mentioned in the faid Acts, or ei.her of them, it fhall and may be lawful to and for the Barons of na J' ,cs '" tb f the Court of Ex:hequer, from Time to Time, to amerce fuch Clerk of the Affile, Clerk of the^ caracla Peace, Clerk of the Commifiioners of Sewers, Clerk of the Market, Town-clerk, . or other Per- m 3 ade ' r „p et 'uai ' Ion,