judge or judges of the court where the same shall be brought, 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 shalł 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 nominate 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 29 Geo. 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.

Ir.

Subsheriff's oath

s. 19. Eng.

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 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 "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

"and

12 Geo. 1. c. 4.

omitted in 12

" and all that [*belongeth] to the crown; I will not assent Belongs, in "to [†decrease] lessen or conceal the king's rights, or Ir. "the rights of his franchises; and whensoever I shall + Decrease, [I have knowledge] that the rights of the crown are Geo. 1. c. 4. Ir. Know, in 12 "concealed or withdrawn, be it in lands, rents, fran- Geo. 1. c. 4. Ir. "chises, suits, or services, or in any other matter or

66

12Geo.1.c.4. Ir.

in 12 Geo. 1.

thing, I will do my utmost to make them § be restored to §To, inserted in "the crown again, and if I may not do it [ of] myself, || Of, omitted "I will certify and inform some of his majesty's judges. 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

66

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

66

pointed by the statutes of this realm; I have not

bought, purchased, or taken to farm, or contracted for, 66 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 [¶place or office] belonging thereunto; I These words "I have not sold [**nor] contracted for, or let to farm, nor "have I granted or promised for reward or benefit by

"myself

12Geo.1.c.4. ir.

transposed in

** Or, in 12Geo.1.c.4.ir.

"myself or any other person for me or for my use, directly or indirectly, any bailiwick thereof, or any other place or office belonging thereunto; I will truly and diligently execute the good laws and statutes of this * Kingdom, in « [*realm,] and in all things well and truly behave myself

196e0.1.c.4.Ir. "in my said office, for his Majesty's advantage, and for

"the good of his subjects; and discharge my whole " 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 27 Eliz. c. 12. Eng. and 10 Car. 1. st. 3. c. 18. Ir. also enact that every under-sheriff in any shire shall, before he intermeddle with the office, take the oath of supremacy before the justices of assize, or the custos rotulorum, or 2 justices of the peace (one of the quorum) as also the following oath :- "I, A. B shall not use or exercise the “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, "in any court of record for the [†queen,] 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 the execution of process in any court of record, is also required to take the said oaths, before the persons above

appointed

s. 5.

appointed, or before the head officer of the place, changing the words "the office of under-sheriff," to words convenient for the office. And if any person so required to take such oath shall impannel or return any inquest, &c. or intermeddle with the execution of process, not having previously taken said oath, he shall forfeit £40, of English Penalty for neglect, money, one moiety to the king, and the other to him that will sue for the same: and by s. 5. if any under-sheriff or other person shall do any thing contrary to the oath aforesaid, he shall forfeit to the party grieved his treble damages to be recovered by action of debt, &c. in any court of record. And the justices of assize, and justices of peace in their sessions, are by s. 6. empowered to hear and determine the defaults contrary to this act, as well by presentment and information, as by indictment; and upon conviction to award execution for said forfeitures by fieri facias, or by attachment, capias, or exigent.

or breach.

$. 6.

be entered into

11 Ann, c.8.s.3.

The 11 Ann. c. 8. s. 3. Ir. enacts that every under-she- Recognizance to riff, sheriff's clerk, or county-clerk of any county, county by sub-sheriffs of a city or town, shall before exercising said office, Sc. enter into recognizance with sufficient security in the pe- Ir. nalty of £200. before a master in chancery, or master extraordinary for taking affidavits in the country, conditioned that he has not taken the said office in trust for any person, who hath been under-sheriff, &c. or executed said office or either of them in the said county, &c. within 3 years then next preceding, and that all the fees perquisites and benefits thereof were to his own use, or to the use of the high-sheriff, and that he will not forbear postpone or delay the execution or return of any writ or process that shall come to his hands, or be lodged in the sheriff's office, for any gratuity, reward, or other consideration; which recognizance shall within 2 months after taking, be returned into the exchequer, for recording of whien 2s. 6d. shall be the fee. This act also required an oath to the same effect as the recognizance, which oath was to be administered by the person before whom such recognizance was entered into, but it seems to be doubtful whether this oath was meant to be superseded by the oath prescribed by the 12 Geo. 1. c. 4. Ir.

By

Subsheriff to act in case of death of sheriff.

s 8. Eng.

$. 6. Ir.

By the 3 Geo. 1. c. 15. s. 8. Eng. and 12. Geo. I. c. 4. s. 6. Ir. if any sheriff shall die before the expi3 Geo. 1. c. 15. ration of his year, or before he be superseded, the un12 Geo. 1. c. 4. der-sheriff shall nevertheless continue in his office, and execute the same in the name of the deceased, till another sheriff be appointed and sworn; and the under-sheriff shall be answerable for the execution of the office during such interval, as the high-sheriff would have been; and the security given by the under-sheriff and his pledges shall stand a security to the king, and to all persons whatsoever, for the due performing of his office during such interval.

Sub-sheriffs to exonerate high sheriffs.

Lr.

In order to secure sheriffs against the neglects and defaults of their sub-sheriffs and attornies, the 23 Geo. 2. 23 Geo.2. c. 13. c. 13. Ir. enacts that where any sub-sheriff or attorney, who shall have received from the high sheriff of any county, county of a city or town, any money in order to be paid over in discharge of the accounts of the highsheriff, shall neglect or fail to pay over into the treasury the sums so to him entrusted for that purpose, and to procure to be taken off at his own cost and charges, such fines as have been laid on the high-sheriff by reason Penalty for de- of such neglect, within 6 months* from the time that such sum shall be so paid, such sub-sheriff or attorney shall for ever after be disabled, to take or execute the office of sub-sheriff of any county or city. And by s. 4. if any such person shall after incurring such disability take upon him the office of sub-sheriff, he shall forfeit £500. one moiety to the king, and the other to the person who shall sue for the same. This act is peculiar to Ireland.

fault.

s. 4.

Disabilities of catholics.

+ Vide rext chapter.

1 Geo. 2. c. 20. s. 4. Ir.

6 Ann. c. 6. s. 1. & 2. Jr.

By the 25 Car. 2. c. 2. Eng. 1 Geo. 1. st. 2. c. 13. Eng. and 2 Ann. c. 6. Ir. † Catholics are excluded from the office of sheriff in England and Ireland; they are in effect also incapacitated from being sub-sheriffs, by the 27 Eliz. c. 12. Eng. and 10 Car. 1. st. 3. c. 18. Ir. (ante page 222). And by the 1 Geo. 2. c. 20. s. 4. Ir. no person shall act as sub-sheriff or sheriff's clerk, who shall not have been a protestant for 5 years immediately before such acting, upon pain of being liable to all the disabilities of professed papists. And by the 6 Ann. c. 6. s. 1. & 2. Ir. no

*This time may by s. 3. be enlarged by the court of exc.

papist