such there be, or if not, then to the infirmary of the county in which such city is situated.

14 Edw. 3. st. 1.

c. 7. E. & L.

23 Edw. 3. c. 7.

42 Edw. 3. c. 9.

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. which ordained that they should be removed every year: E. & I. and by the 42 Edw. 3. c. 9. E. & I. no sheriff, under E. & I. sheriff, or sheriff's clerk is to abide in his office above one 1 Ric. 2. c. 11. year. The 1 Ric. 2. c. 11. E. & I. further enacts that E. & 1. 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.

E. & L.

c. 7. 42 Edw. 3. c. 9. and I Ric. 2. c. 11. are enforced 23 Hen. 6. c. Z by the 23 Hen. 6. c. 7. E. & I. and required to be observed 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 the office contrary to the said recited statutes, he shall forfeit £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 void 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 Edw. 4. cl. though the king's letters patent for the appointment of sheriff's most commonly bear date the 6th day of November, 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 Michaelmas Term, though after the 6th day of November, if before any writ of discharge shall be delivered to him of his sheriffwick, he shall not be damnified by force of the 23 Hen.

E. & I.

E. & L.

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 discharged of said office.

Their incupacity

to act as justices of the peace.

c. 8. Eng.

The 1. Mar. st. 2. c. 8. Eng. enacts that no person, 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 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.

s. 3. Ir.

Sheriff's expenses restrained

13 & 14 Car, 2. s. 21. Eng.

s. 2.

Sheriff's accounts.

The 13 & 14 Car. 2. c. 21. Eng. enacts, that no sheriff for any county shall, in the time of assizes, keep a 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.

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 revenue; these acts contain various minute provisions with

regard

regard to the mode of accounting, and as to the fees payable thereon, which do not fail 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

s. 3. Eng.

3 Geo. 1. c. 15. s. 3. Eng. and 12 Geo. 1. c. 4. s. 2. & 3. 3 Geo. 1. c. 15. Ir. all sheriffs who shall levy any debts, duties, or money, 12 Geo. 1. c. 4. (except post fines) due to his majesty, by process directed s. 2. & 3. Ir.. 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 facias 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 of the barons.] These acts also regulate the process to compel sheriffs to account. By the 3 Geo. 1. c. 15. s. 5. and 3 Geo. 1. c. 15. 12 Geo. 1. c. 4. s. 4. no sheriff or under sheriff shall be 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 [† marshal] or his deputy, in + Pursuivant in which warrant the name of such sheriff, &c. shall be 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 Jac. 1. c. 5. that every sheriff, who shall pass his accounts and have his quietus est, his heirs, &c. shall be discharged of all sums which he shall have levied or received, though pre

tended

12Geo.1.c.4.IL

s. 5. Eng.
12 Geo. 1. c. 4.

s. 4. ir.

the 12 Geo. 1.

c. 4 Ir.

Eng.

7W.3.c.13. Ir.

tended not to be accounted for, unless such sheriff shall be called in question* within 4 years after such account passed and quietus est obtained; and every officer who shall sue out any writ or process, or by whose default any writ, &c. shall be sued out, contrary to those acts respectively, shall forfeit £40. together with costs and damages: which penalty is by the English act given to the king and party grieved in equal moieties; but the whole of such forfeiture is according to the 7 W. 3. c. 13. Ir. to be recovered by the party grieved; and this Irish act, s. 2. provides that every such offender who shall be 3 times. convicted of such offence, shall be disabled to hold by himself or his deputy any office or employment in any 3 Gen. 1 c. 15. court of justice whatsoever. The 3 Geo. I. c. 15. s. 6. Eng. and 12 Geo. 1. c. 4. s. 5. Ir. respectively enact, that any officer or other person concerned in the passing sheriff's accounts, who shall wilfully retard or hinder any sheriff in passing his accounts, or by his wilful neglect, absence, or other undue means, prevent any sheriff from being apposed or cast out of court in due time, or after payment of the due fees ascertained by these acts shall neglect to inrol, make out, sign, and deliver his quietus in due time, shall make such recompence to the party grieved, as shall be ordered by the barons, upon complaint exhibited to them, in such summary way as they shall think fit.

s. 6. Eng.

12 Geo. 1. c. 4. s. 5. Ir.

The statutes which respect sheriffs in their ministerial capacity, and which regulate their fees, and prescribe their duty in the execution of civil process, belong more properly to the 3d division of this work; and those which regard sheriffs as keepers of the king's peace, will fall under consideration in the 4th part, which treats of the criminal law, or of public wrongs and their remedies. The several statutes which prescribe and regulate the duty of sheriffs, when presiding at elections of members Ante Chap. 2. of parliament, have been *already stated; but those which relate also to their judicial capacity and to the constitution of their county-courts, are reserved for a subsequent + Book 3. place in this Digest.t I proceed therefore to state those clauses of the several acts which respect sheriff's deputies, and other inferior officers employed by them.

The

*By the 13 & 14 Car, 2. c. 21, s. 8. Eng. judgment must be also given.

not to be let to

s. 10. Eng.

12 Geo. 1. c. 4.

s. 7. Ir.

The 3 Geo. 1. c. 15. s. 10. Eng. and 12 Geo. 1. Sheriff's offices c. 4. s. 7. Ir. enact, that it shall not be lawful for any farm. person to buy, sell, let, or take to farm the office of 3 Geo. 1. c. 15. under sheriff or deputy sheriff, seal-keeper, county-clerk, shire-clerk, gaoler, bailiff, or other office or place pertaining to the office of high-sheriff of any county; or to contract for, promise, or grant for money or other reward or benefit, any of said offices, or directly or indirectly to give, take, promise, or receive any other consideration for the said offices, upon pain of forfeiting £500. one moiety to the king, and the other to such as shall sue for the same in any court of record at [*Westminster], within * Dublin, in 2 years after the offence, by action of debt, &c. But those acts do not extend to hindering sheriffs or sub-sheriffs from taking the lawful fees, nor to prevent the high sheriff from allowing a salary to his under sheriff, or other officers. The 4 Hen. 4. c. 5. E. & I. and the 23 Hen. 6. c. 9. E. & I. also prohibited sheriffs from letting to farm their counties, bailiwicks, hundreds, or wapentakes, and the 4 Hen. 4. c. 5. ordained that sheriffs should abide in person within their bailiwicks and not let the bailiwicks to farm, and be sworn specially to the same.

12Geo.1.c.4.IT.

4 Hen. 4. c. 5. 23 Hen. 6. c. 9,

E. & 1.

E. & L

E. & I.

E. & L.

The provisions of the 42 Edw. 3. c. 9. and the 23 Hen, 6. No person to be sub-sheriff, &c. c. 7. which limit the duration of the office of under she- who has been in riff and of sheriff's clerk, as well as of sheriffs, to one office within 3 years before. year have been already stated; and the` 1 Hen. 5. c. 4. 42 Edw. 3. c. 9. E. & I. enacts, that they which be bailiffs of sheriffs by 23 Hen. 6. c. 7. one year, shall be in no such office for 3 years next 1 Hen. 5. c. 4. following, except bailiffs of sheriffs which be inheritable E. & I. in their sheriffwicks. But the 11 Ann. c. 8. Ir. further 11 Ann. c.8. Ir. provides that no person shall exercise by himself, or any under him or in trust for him or to his use, the office or duty of an under sheriff, sheriff's clerk, or county-clerk, in any county, or county of a city or town, who hath within 3 years next before his admission therein executed any of the said offices within the said county, &c. upon pain of forfeiting £500, one moiety to the use of the work-house or house of correction of such county, &c. and the other to him that will sue for the same in any of the four courts at Dublin by action of debt, &c.; and the

judge