E. & I.

E. & I.

5 Edw. 3. c. 4.

not overcharge them; and that they should not put any officer in authority, for rewards or bribes, or such as lodge too frequently in one place, or upon poor persons or men of religion. But these statutes in respect to the election 9 Edw. 2. st. 2. of sheriffs were repealed by the 9 Edw. 2. st. 2. E. &. I. which enacted that sheriffs should be assigned by the chancellor, treasurer, barons of the exchequer and justices; and that none should be sheriff, unless he had sufficient land within the county of which he was sheriff, to answer to the king and his people; and further that no person who was steward or bailiff to a great lord should be made sheriff, unless he was out of such service, so as to be able to attend the execution of his office as sheriff. 4 Edw. 3. c. 9. The 4 Edw. 3. c. 9. E. & I. and 5 Edw. 3. c. 4. E. & I. also required the sheriffs to have sufficient lands in their counties to answer the king and his people. The 14 c. 7. E. & 1. Edw. 3. st. 1. c. 7. E. & I. further provided that no sheriff should tarry in his bailiwick more than one year, and then that another fit person having sufficient land in his bailiwick should be assigned in his place, by the chancellor, treasurer, and chief baron of the exchequer, taking to them the chief justices of the one bench and the other, if they should be present, and that such appointment should take place on the morrow of All-souls in every year, at the exchequer. But by reason of the abbreviation 24 Geo. 2. c.48. of the Michaelmas Term by the 24, Geo. 2. c. 48. Eng. the day of assembling at the exchequer for the appointment of sheriffs, is by s. 12. of this act, directed to be on the morrow of Saint Martin. By the 12 Ric. 2. c. 2. E. & I: the

E. & I.

14 Edw. 3. st. 1.

s. 12. Eng.

E. & 1.

12 Ric. 2. c. 2. chancellor, treasurer, keeper of the privy seal, steward of the king's house, the king's chamberlain, clerk of the rolls, the justices of the one bench and the other, barons of the exchequer, and all others that shall be called to ordain, name, or make justices of the peace, sheriffs, eschcators, customers, comptrollers, and other officers of the king, shall be sworn not to ordain, &c. any justices of the peace, &c. for any gift or brocage, favour or affection, or any person that shall sue privily or openly to be put in office, but that they shall make all such officers and ministers of the best, most lawful, and

most

most sufficient. The* 10 Hen. 7. c. 1. Ir. enacted that the treasurer of Ireland should have as ample power as the treasurer of England, as to making customers, comptrollers, farmers, and other officers for the increase of the king's revenue; and declared that all acts made in Ireland concerning the election or making of sheriffs and escheators of shires and other officers, &c. contrary to this act, should be void, though it does not appear that there are any Irish acts (at least printed) to which this statute referred. The ancient method of appointing sheriff's in Ireland as far back as can be traced was thus :-The judges of assize on their summer circuits, required the sheriffs in office of the respective counties to return the names of 3 persons in each county proper to succeed them; and at a meeting of the judges in the chancellor's chamber on the morrow of All-souls in the following Michaelmas Term, the lord chancellor used to call on them for their returns, which when received he delivered to the lord lieutenant, who appointed one for each county out of every such return; but the judges had a power before they made their returns to alter the persons, or any of them, nominated to them, in their discretion, which is nearly similar to the custom in England. The modern practice is for the judges of assize of the several counties, to present to the lord lieutenant, the list of names so returned to them, without any previous meeting of the judges upon the occasion. The appointment of pocket sheriffs in England is a similar departure from the ancient custom.

3 Geo. 1. c. 15.

The 3 Geo. 1.c. 15. s. 18. Eng. enacts, that instead of the Their caths of oath usually administered to sheriffs, the following oath qualification. shall be taken by them (except the sheriffs of Wales and s. 18. Eng. Chester):-"I, A. B. do swear that I will well and truly

serve the king's majesty in the office of sheriff of the

county of--and promote his majesty's profit in all

things that belong to my office, as far as I legally can or

12Geo.1.c.4.Ir.

may; I will truly preserve the king's rights, and all that belongeth to the crown; I will not assent, to [†decrease,] + Omitted in "lessen, or conceal the king's rights, or the rights of his "franchises; and whensoever I shall [‡have knowledge] Knorr, in "that the rights of the crown are concealed or withdrawn,

12Geo.1.c.4. Ir.

"be it in lands, rents, franchises, suits, or services, or in *Have them, in any other matter or thing, I will do my utmost to [*make 12Geo.l.c.4. Ir. "them be] restored to the crown again; and if I may not

"do it myself, I will certify and inform the king thereof,

or some of his judges; I will not respite or delay to "levy the king's debts for any gift, promise, reward or "favour, where I may raise the same without great

grievance to the debtors; I will do right, as well to "poor as to rich, in all things belonging to my office; "I will do no wrong to any man, for any gift, reward, 66 or promise, nor for favour or hatred; I will disturb no "man's right, and will truly and faithfully acquit at the "exchequer all those of whom I shall receive any debts "or duties belonging to the crown; I will take nothing whereby the king may lose, or whereby his right may "be disturbed, injured or delayed; I will truly return "and truly serve all the king's writs, according to the best "of my skill and knowledge; I will take no bailiffs into "my service, but such as I will answer for, and will

cause each of them to take such oaths as I do, in what "belongeth to their business and occupation; I will "truly set and return reasonable and due issues of them "that be within my bailiwick, according to their estate "and circumstances, and make due panels of persons "able and sufficient, and not suspected or procured, as ❝is appointed by the statutes of this realm; I have not "sold [for] let to farm, nor contracted for, nor have I iGo.1.c.4.Ir.<< granted or promised for reward or benefit, nor will I "sell or let to farm nor contract for, or grant for reward "or benefit, by myself or any other person for me or "for my use, directly or indirectly, my sheriffwick, or "any bailiwick thereof, or any office belonging thereunto, "or the profits of the same, to any person or persons "whatsoever; I will truly and diligently execute the

+ Nor, in

good laws and statutes of this realm; and in all things "well and truly behave myself in my office, for the ho"nour of the king and the good of his subjects, and "discharge the same according to the best of my skill "and power.-So help me God." Which oath is to be

administered either by commissioners in the country by

virtue of a commission or dedimus, or by the barons of the exchequer, or one of them, when the sheriff desires to be sworn in town. And the same oath is required to Same oath by be administered in like manner to all sheriffs in Ireland sheriff's in fre

land.

s. 13. Ir.

25 Geo.3.c.36.

s. 1. lr.

s. 2.

Further oath at

by the 12 Geo. 1. c. 4. s. 13-15 Ir.; but the 25 Geo. 3. 12 Geo. 1. c. 4. c. 36. Ir. has amended the 12 Geo. 1. by providing that in future the said oath shall be administered by the barons of the exchequer or any of the judges of K. B. or C. B. or any one of them; and further enacts (s. 2.) that upon the 2d day of each spring assizes in every year, there shall be administered in open court, by the judge who shall pre- assites. side in the crown court, at every assizes, to the high sheriff, sub-sheriff or under sheriff of such county where such assizes shall be had, the following oath:-"I, A. B. high sheriff, sub-sheriff, or under sheriff of the county of -(as` "the case shall be) do swear, that I have during the time "I have been in the office of high-sheriff, sub-sheriff, " or under-sheriff, of the county of (as the case

"shall be) faithfully and honestly, according to the best "of my skill and judgment, executed, and that I will "whilst I continue in the said office execute, according "to the best of my skill and judgment, all executions, "writs, process, orders, or warrants which already have, "or shall hereafter come into my hands, or to be lodged "in my office, and make speedy, and to the best of my judgment, proper returns, to such of them as are by "law returnable, to the courts from whence they respectively issued; and that I will take, or cause to be "taken, all inquisitions, fairly and openly, giving such "notice as the law requires to such persons as are parties. "to such suits, and duly return such inquisitions; and "that I will impannel and return all jurors, or tales ju

rors, without partiality or favour, and not at the no"mination or direction of any of the parties concerned, or any person on their behalf, but will do equal right "to the poor and rich; and that I will truly set and return "all issues of such as are within my bailiwick, according "to their estates and circumstances, and that I will not "remit or delay, or decline doing any part of the duty "of my office, by reason of any reward or gratuity, or

"promise

S. 3.

s. 4.

"promise of any reward or gratuity; nor will I take re"ceive or demand any fee whatsoever, but what I am en"titled to receive by the laws and statutes of this realm." By s. 3. if the high-sheriff, &c. or any of them, shall not attend at such lent assizes, then the said oath shall be administered to such sheriff, &c. on the 2d day of the summer assizes. But by s. 4. if such sheriff, &c. shall refuse or neglect to take such oath either at the lent or Penalty for refusal or neglect, summer-assizes, he shall forfeit £100. to be recovered by action of debt, &c. in any court of record in Dublin, one moiety thereof to the use of the person suing, &c. and the other to the use of the public infirmary of the county. And this act, s. 5. recites that it is expedient to extend the provisions of the 12 Geo. 1. c. 4. to cities as well as counties, and enacts that every sheriff of every city shall, before his admission into office, take before the person who is to admit him into said office, in addition to the other oaths required by law, the following oath:-" I, "A. B. sheriff of the city of-do swear, that I will 66 faithfully and honestly without favour or affection to "any person whatsoever, to the best of my understanding " and power, execute the duties of my said office; and

s. 5.

Oat of sheriffs of cities.

s. 6.

particularly that I will without delay duly execute all "writs, process, and executions, and all orders and war"rants, that shall be delivered to me or lodged in my "office, and make true and speedy returns, to such of "them as are by law returnable, to the courts from "whence they respectively issue; and that I will take, "or cause to be taken, all inquisitions fairly and openly,

giving such notice as the law requires, and duly return "such inquisitions; and that I will return and impannel "all jurors, and tales jurors, without partiality or favour; " and that I will do equal justice to poor and rich; and "that I will not take or receive any fee, reward, or

gratuity whatsoever, for doing or not doing any part of "the duty of my said office, except what I am by law "entitled to receive." And by s. 6. such sheriff shall in case of neglect or refusal to take said oath forfeit £100. fusal or neglect. (to be recovered as by s. 4.) one moiety to the informer, and the other to the use of the infirmary of the city, if

Penalty for re

such