« PreviousContinue »
Further oath at
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 Shere by the 12 Geo. 1. c. 4. s. 13-15 Ir.; but the 25 Geo. 3. 12 Geo. 1. c. 4.
s. 13. Ir. c. 36. Ir. has amended the 12 Geo. 1. by providing that 25 Geo.3.c.36. 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- assizes 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 las “ 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- las 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 re- . « spectively 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 alt 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 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 $. 4. the summer assizes. But by s. 4. if such sheriff, &c. shall Penalties for re. refuse or neglect to take such oath either at the lent or fusal 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. s. 5. 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 Oal of sheriffs at cities. 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
“ the duty of my said office, except what I am by law s. 6.
“ entitled to receive.” And by s. 6, such sheriff shall in
case of neglect or refusal to take said oath forfeit £100. Penalty for refusal of neg.cci. (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
such there be, or if not, then to the infirmary of the county in which such city is situated. The provision of the 14 Edw. 3. st. 1. c. 7. E. & I. Their duration
in office. which limited the duration of the office of sheriff to one year, was also contained in the 28 Edw. 3. c. 7. E. & I. c. 7. E. & I.
23 Edw. 3. c. 7. which ordained that they should be removed every year: E. S 1.
49 Edw, 3. c. I. and by the 42 Edw. 3. c. 9. E. & I. no sheriff, under en sheriff, or sheriff's clerk is to abide in his office ahove one 1 Ric. 2. c. u. year. The i Ric. 2. c. 11. E. & I. further enacts that E. & I. none that hath been sheriff of any county a year, shall be within the next 3 years chosen again, or put in the same office, if there be other sufficient. The 14 Edw. 3. c. 7. 42 Edw. 3. c. 9. and i Ric. 2, c. 11. are enforced 23 Hen. 6. c.za by the 23 Hen. 6. c. 7. E. & I, and required to be ob- E. * served in every county, except in such where persons were inheritable to the office of sheriff, or had an estate of freehold in such office: and this act contains other exceptions as to the under sheriffs and other officers within the city of London ; and further enacts that if any sheriff or under sheriff or sheriff's clerk shall occupy thie office contrary to the said recited statutes, he shall forfeit L 200. yearly so long as he so occupies the same: and any liege man may recover said forfeiture by action of debt, in his own name; one moiety thereof to his own use, and the other to the use of the king; and any pardon for such offence shall be void. This act further declares roid all patents of said offices for term of years, for life, or in fee; any clause of non obstante therein notwithstanding. The 12 Edw. 4. c. 1. E. & I. recites that 12 Fdw. 4. cál. though the king's letters patent for the appointment of bak sheriffs most commonly bear date the 6th day of No. rember, yet the sheriffs did not get their patents, or take their oaths, until a long time after the end of Michaelmas Term, but yet durst not return any writ or precept after the year that their patents bore date; this statute therefore provides that if the sheriff of any county do execute or return any writ, precept, or warrant, within Michaela mas Term, though after the 6th day of November, if I before any writ of discharge shall be delivered to him of bis sheriffwick, he shall not be damnified by force of the
23 Hen. 6. c. 7. nor charged with the penalty therein contained, although he hath occupied said office after any
of the days of return called Crastino Martini, Octabis 17 Edw. 4. c. 7. Martini, or Quindena Martini. And the 17 Edw. 4. c. 7.
E. &. I. further provides that sheriffs may not only execute and return the writs, precepts, or warrants of the king's courts, but may also do and execute every other thing appertaining to said office, as well during the term of St. Hilary, as of St. Michael, unless previously dis
charged of said office. Their incupacity The 1. Mar. st. 2. c. 8. Eng. enacts that no person, to act as justices of the perce. sheriff of any county, shall use or exercise the office of 1 Mar. st. 2. justice of the peace, by force of any commission or c. 8. Eng.
otherwise, in any county where he shall be sheriff, during the time that he shall exercise said office of sheriff; but
every act done by any sheriff by authority of any com7 W. 3. c. 13. mission of the peace shall be void. And the 7 W. 3. c. 13.
Ir. contains a similar provision (s. 3.) but extends also to sub-sheriffs : and imposes a penalty of £20. on every sheriff or sub-sheriff, who shall act contrary thereto, one moiety to the king, and the other to such person as shall sue for the same by action of debt, &c. in any court of
record at Dublin. Sheriff's ex- The 13 & 14 Car. 2. c. 21. Eng. enacts, that no penses restrained
14 caro sheriff for any county shall, in the time of assizes, keep a s. 21. Eng. table for entertainment of any persons other than those of
his own family or retinue; nor shall send in any present to any judges of assize for their provision, nor give any gratuity to their officers or servants; and that no sheriff shall have more than 40 men servants with liveries attending upon him at the time of the assizes, nor under 20 men servants in England, nor under 12 in Wales; upon pain to forfeit £200. But by s. 2. the sheriffs of London and Middlesex and of Westmoreland and of any other city or town are excepted. No Irish act contains
any such provisions. Sheriff's ac There are many statutes ancient and modern which
respect sheriffs as the king's bailiffs, and as such accountable for the king's rents, ferms, and casual re. venue; these acts contain various minute provisions with
regard to the mode of accounting, and as to the fees payable thereon, which do not fall within the scope of this work. To this head are to be referred the 27 Edw. 1. st. 1. c. 2.—1 Hen. 4. c. 11.-4 Hen. 5. c. 2.-34 & 35 Hen. 8. c. 16.—2 & 3 Edw. 6. c. 4,-8 Eliz. c. 16.– 21 Jac. 1. c. 5.-13 & 14 Car. 2. c. 21.–3 Geo. 1. c. 15.
-32 Geo. 2. c. 14.--and '7 Geo. 3. c. 29. English—and the 7 W. 3. c. 13.–12 Geo. 1. c. 4.--23 Geo. 2. c. 13.and 32 Geo. 2. c. 14. Irish,; but I shall content 'myself with stating a few only of their provisions. By the 3 Geo. 1. c. 15. s. 3. Eng. and 12 Geo. 1. c. 4. s. 2. & 3. 3 Geo. 1. c. 15.
S. 3. Eng. Ir. all sheriffs who shall levy any debts, duties, or money, 12 Geo. i. c. 4. (except post fines) due to his majesty, by process directed s. 2. &. to them upon the summons of the pipe or greenwax, or by lecari facias out of the exchequer, shall have an allowance in their accounts of 12d. out of every 20s. for any sum not exceeding £100, by them levied, and of 6d. for every 20s. above the first £100.; and for all debts, &c. (except post fines) due to his majesty, by process or fieri fucias and extent issuing out of the exchequer, 1s. 6d.out of every 20s. for any sum not exceeding £100.; and 12d. for every 10s. above the first £100.; provided such sheriff shall duly answer for the same upon his account; by the day on which he ought to be dismissed the court, or in the time to which he shall have a day granted to finish his accounts [*by warrant signed by the chief baron or one *By the court, in
12Geo. 1.c.4. IL of the barons.] These acts also regulate the process to compel sheriffs to account. By the 3 Geo. 1.c.15.5.5. and 3 Geo. 1. c. 15.
s. 5. Eng. 12 Geo. 1. C. 4. s. 4. no sheriff or under sheriff shall be 12 Geo. 1. c. 4. attached for not being apposed on any writ or process, or * for any neglect or contempt relative to his accounts, but by writ under seal of the exchequer, or by warrant signed by the chief baron, or in his absence by one of the barons, and to be executed by the [t marshal] or his deputy, in + Prorsuivant in
the 12 Geo. 1. which warrant the name of such sheriff, &c. shall be c Ir. inserted, and his offence specified: and the 7 W.3.c. 13. Ir. has followed the 21 Jac. 1. c. 5. Eng. in providing 21 Jaw 1.0. 5. that every sheriff, who shall pass his accounts and have W.3.0.13. Ir. his quietus est, his heirs, &c. shall be discharged of all sums which he shall have levied or received, though pre