« PreviousContinue »
9. 6. Eng.
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 Geo. 1 c. 15. Court of justice whatsoever.
The 3 Geo. 1. 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.
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 property 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 Chiap. 2. of parliament, have been *already stated; but those which
relate also to their judicial capacity and to the constitu
tion of their county-courts, are reserved for a subsequent + Book 3. place in this Digest.f I proceed therefore to state those
clauses of the several acts which respect sheriff's deputies, and other inferior officers employed by them.
* By the 13 & 14 Car, 2. c. 21. 8. 8. Eng. judgment must be also given,
not to be let to
s. 7. Ir.
E. & I.
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.
s. 10. Eng. under sheriff or deputy sheriff, seal-keeper, county-clerk, 12 Geo. 1. c. 4. 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. 4 Hen. 4. c. 5. E.& l. also prohibited sheriffs from letting to farm their coun- 23 Hen. 6.c. 9, ties, bailiwicks, hundreds, or wapentakes, and the 4 Hen. 4. E. & ! 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. 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 year have been already stated; and the i 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 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. It. 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 bis 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
E. & I.
judge or judges of the court where the same shall be bronght, shall, upon affidavit made of such offence, oblige the defendant to give sufficient bail to such action, and if judgment be given against such defendant, he shall be for ever incapable of acting as under sheriff, &c. in any county, &c. And the 3 Geo. 2. c. 9. Ir. further enacts that every person who shall act as under sheriff, sheriff's clerk, or county-clerk in trust for any person whom he shall know to have been under sheriff of the same county, or county of a city or town, within 3 years next before, as well as every high sheriff who shall no. minate or appoint such person under sheriff, &c. knowing that such person is intended to act in such office in trust for such under sheriff, &c. shall be liable to the penalties of the 11 Ann. c. 8. But the term of 3 years in the 11 Ann. 'c. 8. is with respect to the city, county of
the city and county of Dublin extended to 10 years by 29Geo. 2. c. 15. the 29 Geo. 2. c. 15. Ir. The penalty of £500. to be
forfeited by the sub-sheriffs, &c. of the city and county of Dublin, is to go moietively to the informer and to the work-house of the city of Dublin. And this latter act also provides that any information for any offence against either acts which shall not be prosecuted with effect, shall be deemed invalid, and that any other person may file an information thereupon, and the person bringing such information and not prosecuting the same with effect, shall forfeit £100. to be recovered in a summary way before the justices of either bench, or barons of the exchequer, to the use of the informer and work-house of
the city of Dublin. Subsheriff's oath With respect to the oaths to be taken by sub-sheriffs, 3 Geo. 1. c. 15. the 3 Geo. 1. c. 15. s. 19. Eng. prescribes the following s. 19. Eng.
oath to be taken by all under sheriffs of counties of South Great Britain, except Wales and the county palatine of Chester, before they enter on the execution of their office, viz. :-" I, A. B. do swear that I will well and truly * serve the king's majesty in the office of under sheriff 66 of the county of - and promote his majesty's profit “ in all things that belong to the said office, as far as I · legally can or may; I will preserve the king's rights
12 Geo, 1.c. 4.
in 12 Geo, 1.
“ and all that [*belongeth] to the crown; I will not assent * Belongs, in “ to [tdecrease] lessen or conceal the king's rights, or Ir.
+ , "the rights of his franchises; and whensoever I shall (mitted in 12 " (I have knowledge] that the rights of the crown are Geo, 1.c. 4. Ir.
I Know, in 12 ú concealed or withdrawn, be it in lands, rents, fran- Geo. 1. c. 4. Ir. “ chises, suits, or services, or in any other matter or thing, I will do my utmost to make them be restored to To, inserted in
12Geo. 1.c.4.Ir. “ the crown again, and if I may not do it [l| of] myself, || 0s, omitted “ I will certify and inform some of his majesty's judges C. 4. Ir. " thereof; 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, 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 debt, duties, or
sums of money 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 to the “ best of my skill and knowledge; I will truly set and
return reasonable and due issues of them that be within
my bailiwick, according to their estates and circum“stances; and make due pannels of persons able and
sufficient, and not suspected or procured, as is ap" pointed by the statutes of this realm; I have not * bought, purchased, or taken to farm, or contracted for,
nor have I promised or given any consideration, nor * will I buy, purchase, or take to farm, or contract for,
promise, or give any consideration whatsoever, by my“self or any other person for me or for my use, directly
or indirectly, to any person or persons whatsoever, for " the office of under sheriff of the county of " which I am now to enter upon and enjoy, nor for the “ profits of the same, nor for any bailiwick thereof, or
any other [ST place or office] belonging thereunto; I q 'These words " I have not sold (**nor] contracted for, or let to farm, nor 12Geo. 1.c.4. Ir. " have I granted or promised for reward or benefit by
** Or, in
12Geo. 1.c.4.(r. myself
c. 18. Ir.
".myself or any other person for me or for my use, di“ rectly or indirectly, any bailiwick thereof, or any other “ place or office belonging thereunto; I will truly and di
ligently execute the good laws and statutes of this * Kingdom, in “ [*realm, and in all things well and truly behave myself Illeol.c.4.r.
“ in my said office, for his Majesty's advantage, and for “ the good of his subjects; and discharge my whole u duty according to the best of my skill and power.--So “ help me God.” The oath prescribed for sub-sheriffs by the 12 Geo. 1. c. 4. Ir. is in the same form, except as to those trivial variations which are noted in the margin. This oath is by these statutes respectively required to be administered in like manner as the oath prescribed for
high-sheriffs, which has been already stated. And the 97 Fliz. c. 12. 27 Eliz, c. 12. Eng. and 10 Car. 1. st. 3. c. 18. Ir. also Eng 10 Car. 1.st. 3. enact that every under-sheriff in any shire shall, before
he intermeddle with the office, take the oath of supremacy Oath of supre- before the justices of assize, or the custos rotulorum, or mucy to be taken,
2 justices of the peace (one of the quorum) as also the Oath against es. following oath :-" I, A. B shall not use or exercise the actiun, c.
“ office of under-sheriff corruptly, during the time that « I shall remain therein, neither shall or will accept, re“ ceive, or take by any colour, means, or device what
soever, or consent to the taking of, any manner of “ fee or reward of any person or persons for the im
“ pannelling or returning of any inquest, jury, or tales, King, in “ in any court of record for the [tqueen,] or between party
" and party, above 2s. or the value thereof, or such fees
as are allowed and appointed for the same by the laws “ and statutes of this realm; but will according to my
power; truly and indifferently, with convenient speed, “impannel all jurors, and return all such writ or writs
touching the same as shall appertain to be done by my “ duty or office, during the time that I shall remain in the “ said office. So help me God.” And every bailiff of franchise, deputy, and clerk of every sheriff and undersheriff, and every other person who shall impannel or return any inquest, jury, or tales, or intermeddle with
10 Car. 1.
the execution of process in any court of record, is also B-forr whom required to take the said oaths, before the persons above