I In what manner the death must be laid it SUNDAY. I An indi&ment cannot be well taken on a Sunday 91 6.9 2 One who is convicted on a penal ftatute cannot be apprehended on a Sunday for the non-payment of the forfeiture 397 (N) 25 3 A writ de coronatore exonerando may be fuperfeded by writ from the king, on an inquifition in chancery, that it was obtained upon an untrue fuggeftion 73 4 How far a certiorari fhall be a fuperfedeas to the court below (Vide Certiorari No. 102 to 117) 417 to 419 5 On a pardon allowed in the king's bench, the party may have a fuperfedeas to the exchequer to ftop the process there on an eftreated amercement 562 f. 69 6 How 1 If a writ of appeal omit the appellant's furname, being under the degree of no bility, it may be abated by the court ex 268 f. 101 officio T. TAIL. In what cafes an eftate in tail is forfeited by an attainder of treafon or felony 640 to 645 TALES. Vide Jurors No. 47 to 77. TAVERN S. 2 If there be a mistake of the furname of an appellant, the writ may be abated upon the exception or plea of the Inordinate haunters of taverns are indict party 3 In an indictment, no indictee can take any advantage of a mistaken furname 269 f. 101 able at the torn TAXATION. 328 4 An indictment of affault on John, parish priest of D. &c. is good without mentioning his furname SURPLUSSAGE. 331 1 Where there is a fufficient certainty, the addition of a farther uncertain or unintelligible defcription will do no hurt, but fhall be rejected as fuperabundant and furpluflage 260. 331 (N) 12 2 So where a special verdict is perfect, without certain words therein inferted, they may be rejected as furplus 627 f. 10 3 Nothing which can be rejected as furplus fhall vitiate an indiЯment 106, 107 It is a contempt not to pay costs after taxation by the master 230 f. 37 2 On taxation, costs become a veiled debt, and the perfonal reprefentatives of the party entitled may recover them 415 (N) 7 TEMPORALITIES. Anciently, if the ordinary demanded his TENOR. 340 By the charter of the city of London, only Where the king's bench proceeds on an offence removed by certiorari, there must be 15 days between the tefte and return of every process 11 f. 12 2 The precept for a feffion of the peace must be tefted by two juftices 65 f. 50 3 Procefs for treafon, felony, or trefpafs, from a county palatine fhall be teed in the name of him who hath the fran401 f. 7 4 Procefs from the king's bench ought to be under the tefte of the chief juftice 401 f. 8 Procefs ought to be under the tefte of the firft in a commiffion ibid. A chife 5 6 What fhall be removed by a writ of error, or recordare, between the tefte and return 421 f. 78 7 Where a term intervenes between the tefte and return of a capias, it is difcontinuance 424 f. 91 8 If procefs be tested after the day of the return of the first process, it is difcontinuance 424 f. 90 5 The flyle of the sheriff's torn 6 By MAGNA CHARTA, the torn fhall be held only twice a year in every hundred, at the accustomed place 96.4 7 By 31 Edw. 3. c. 15. the torn is to be held within a month after Eafter and Michaelmas 90 1.5 The theriff is indictable for holding his torn at another time, or at an unufual place, and an indictment found thereon is void 90 f. 6, 7 Quere, if thefe ftatutes extend to the 90, 91 8 court leet 9 10 Every caption of an indictment at the torn ought to fet forth the day whereon it was taken 91 6.9 11 All perfons who are bound to appear at the torn are not within the ftat. Merton, which allows fuit fervice to be performed by attorney 91 f. 10 12 All fervants as well as mafters are bound to pay fuch fuit; and if a master fuffered a fervant to continue a year and a day without being enrolled in a decennary, he was amerciable ibid. 13 But tenants in ancient demefne, parfons, peers, and women, are exempted from attending the torn 91 f. 11 14 No man can belong to two leets, and therefore therefore he fhall do fervice at that only within the precincts of which be refides or fleeps Page 91 f. 12 15 The fheriff or his fteward may hear and determine any offence within his jurifdiction, being indicted before him, except PLEAS OF THE CROWN 92 f. 13 16 This exception does not restrain the power of taking indictments or prefentments 92 f. 14 17 The fheriff in his torn, being a judge of record, may fine an offender for a contempt of court; or for a non-compliance with that which the jurifdiction requires 18 Such fines must be feveral, and not joint, except a whole vill be fined 93 93 f. 16 19 The fheriff may award a fine or amercement for contempts, &c. and amerce any perfon indicted for an offence not capital within his jurifdi&tion without any farther proceeding or trial 93. 17 20 An amercement, being a judgment, that the party fhall be in mifericordia domini regis, and a judicial act, does not require the affent of a jury 93 f. 18 21 The award of a mifericordia is only 24 to authorise others, viz. affeerors, to fix the fum which the party is to pay to the king; and therefore there is no neceffity to mention a fum certain 93,94 22 If the amercement be for a contempt of court, it may be fettled by the judge himself, and needs no other afferment 941 19 23 No fine for a contempt is within the ftatutes which require an amercement to be affeered ibid. The king or lord have an election of common right either to diflrain or to bring an action of debt for fuch fines and amercements 94 f. 20 25 Every avowry of this kind ought exprefsly to fhew that the offence was committed within the jurifdiction of the court 941. 21 26 It is not neceffary to alledge it in the prefentment itself, but fuch an allegation will perhaps fupply the want of the averment of jurifdiation in the pleadings Page 94.95 27 Quere, if it be neceffary expressly to alledge that the offence was committed as well as that it was prefented, &c. 95 28 It is fafelt in feiting forth a prefent ment, or an affeerment of an amercement to fhew the names of the prefentors and affeerors. Sed quere, if the names of the prefentors are neceffary in replevin 95423 29 Notice of the holding of the court need not be fhewn, for, being of record, all perfons within the jurifdiction fhall be intended to have notice of it 95 (24 30 It is not neceffary in an avowry for a distress for a fine or amercement to fhew that the party had previous notice what it was ibid. Diftrefs is incident of common right to the sheriff's torn, if the offence be incidental to the jurifdi&ion 95, 96 But for a duty of a private nature no diftrefs can be made without a fpecial .coftom 31 32 96 33 The fheriff may diftrain any lands of the offender within the county or precinct; except lands in the king's poffeflion; for they are wholly out of the jurifdiction of the court 966.26 34 The theriff may diflrain in the high-, way notwithstanding the fat. Mariebridge 96 1.27 35 Fines and amercements being for a perfonal offence, no franger's beasts can lawfully be diftrained for them, although they have been levant and couchant on the lands of the offender 96 f. 28 36 The goods diftrained may be fold within a reasonable time after the diftrefs 96 f. 29 37 No bailiff can diftrain without a fpe cial warrant for fo doing, and in juftification of fuch diftrefs the warrant muft be fet forth in the avowry 96 1.30 38 In replevin it must be averred that the defendant was guilty. In trefpafs the conviction is fufficient to justify the officer: but the amercement must appear to have been by the court, and not by the jury ibid. (N) i * 39 In mufance the fheriff may amerce the perfon prefented, or order an abate ment without any amercement, and if he difobey fuch order he thal forfeit without farther proceeding Page 97 f. 33 40 No fach pain can be affeered for any lefs fum than what is at nrit let ibid. 41 The authority of the sheriff in his torn in relation to the appointment of conftables, and the nature and antiquity of that office (Vide Conflables) particular hundred; it is triable if it arife within the county; but prefentations must be of offences within the hundred Page 108 52 The inhabitants of one bailiwick shall not be compellable to ferve as jurors for another ibid. 53 No offence arifing within the precincts of a leet is inquirable at the torn, unlefs on the default of the leet, which neglect mult be alledged in the pleadings ibid. 54 By flat. Well. 2. c. 13. the Theriff 55 971. 33 to 105 42 The fheriff in his torn may inquire of ALL TREASONS, except fuch as are created by ftatute 105 43 The fheriff may alfo enquire of all FELONIES at common law, except rape, which being an offence made felony by flatute, though originally a felony at common law, he can inquire of it as a trefpass only 105 f. 52 44 An affault and battery, if there be bloodshed, is inquirable in the torn; for otherwife it is not a common griev-57 By 1 Rich. 3. c. 4. jurors at the torn ance, but a private injury only fhall have yearly 20s. freehold, or 26 s. 8d. copy hold on pain of 40 s. and rendering their indictments void 108 f. 66 bended 56 If there be more than 12 jurors the feals of any twelve of them are fufficient 108 f. 65 ftatutes 105, 106 45 The common breaking of fences and pound breaches are within the cog58 Quere, if courts leet are within these nizance of the torn 106 f. 55,50 46 Purprestures, mortmains, treasure trove, waifs, ftrays, wrecks, &c. belonging to the king are inquirable at the torn. Sed quere, as to the feizure of fuch things as belong to the lord 106 f. 47 All common nufances, annoyances, bawdy-houses, victuallers, affize of beer and ale (but not the offize of bread), neglecting to hold fairs, falle weights and measures, common barraters, fcolds, eaves-droppers, &c. &c. are within the 61 This ftatute extends to courts leet jurifdiction of the torn 57 106, 107 48 Every vill within the precinct of a torn fhall have a pair of ftocks on pain of 5 1. 107 f. 59 49 A man cannot be amerced in a court leet for furcharging a common 107 1.61 50 Quere, whether a matter concerning 109 59 By 1 Edw. 3. c. 17. indictments taken at the torn fhall be by roll indented; one part to remain with the indictors, and the other with the court, fo that one part may be delivered to the juftices of affize 109 f. 68 60 Prefentments, not being neceffary to be prefented to the juftices, are not within thefe ftatutes: they need neither to be indented nor fealed Note in marg. 109 f. 69 62 The general practice of the torn was to impannel both a grand and petty jury. Prefentments were made by the headborough, affirmed by the petty jury, and then confirmed by the grand jury 109 f. 70 the private intereft of the lord, or of the 63 By 28 Edw. 3. c. 9. the fheriff is reinhabitants of a leet, can be brought ftrained from taking indictments, by within the jurifdiction of the torn by commiffion or writ custom 107 f. 62 51 The offence need not arife within the VOL. II. 109 f. 71 64 By 1 Edw. 4. c. 2. all sheriffs in their torns, except in London, are restrained from 3 L |