Sheriffs Act, 1725

SHERIFFS ACT 1725

CHAPTER IV.

An Act for the better regulating the office of sheriffs, and for the ascertaining their fees, and the fees for suing out their patents, and passing their accounts.

*********

Sheriffs levying debts to the King (except post fines) by levari fa. out of Exchequer allowed 1s. per pound for 100l. and 6d. per pound afterwards:

on fi. fu. and extent, 1s. 6d. per pound for 100l. and 1s. afterwards:

II. And be it enacted by the authority aforesaid, That from and after the twenty fifth day of April in the year of our Lord one thousand seven hundred and twenty six all sheriffs, who shall levy any debts, duties, or sums of money whatsoever (except post fines) due, or hereafter to be due to his Majesty, his heirs or successors, by process to them directed upon the summons of the Pipe or Green-wax by levari facias out of the court of the Exchequer, shall from time to time for their care, pains, and charges, and for their encouragement therein, have an allowance upon their accounts of twelve pence out of every twenty shillings for any sum not exceeding one hundred pounds so by them levied or collected, and the sum of sixpence only for every twenty shillings over and above the first hundred pounds, and for all debts, duties, and sums of money (except post fines) due or to become due to his Majesty, his heirs and successors by process, and fieri facias, and extent issuing out of any of the offices of the said court of Exchequer, the sum of one shilling and sixpence out of every twenty shillings for any sum not exceeding one hundred pounds, so by them levied or collected, and the sum of twelve pence only for every twenty shillings over and above the first hundred pounds.

duly answering for the same on his account.

III. Provided always, 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 such time to which he shall have a day granted by the court to finish his account and not otherwise.

No sheriff shall be attached for any contempt or neglect on his account, but by writ under seal of Exchequer, or warrant of a baron specifying his name and offence.

IV. And be it enacted by the authority aforesaid, That no sheriff or sub-sheriff shall be attached or taken into custody by any officer of the court of Exchequer, or other person whatsoever, for not being apposed on any writ or process for not finishing his accounts in due time, or for any contempt or neglect whatsoever relating to his account, but by writ under the seal of the said court of Exchequer, or by warrant for that purpose to be signed by the lord chief baron of the said court for the time being, or in his absence by either of the other barons, to be executed by the pursivant of the said court, or his deputy; in which warrant the name of such sheriff or sub sheriff shall be particularly inserted, and his offence particularly specified and expressed.

Officers, &c. hindering sheriff in passing accounts, or his being apposed in due time, or not delivering his quietus, shall make satisfaction as ordered in summary way by Exchequer.

V. And be it enacted by the authority aforesaid, for preventing delays and unnecessary attendance of sheriffs in passing their accounts, That from and after the twenty fifth day of April one thousand seven hundred and twenty six if any officer, clerk, or other person concerned in or about the passing sheriffs accounts, shall wilfully retard or hinder any sheriff in the passing his accounts, or by his wilful neglect, absence, or other undue means or ways prevent any sheriff from being apposed or cast out of court in due time, or, after payment or tender of his or their due fees herein ascertained, shall refuse or neglect to inroll, make out, sign, and deliver, his quietus in due time, in every such case the person so offending shall make such satisfaction and recompence to the party aggrieved, as shall be adjudged, ordered, or decreed, by the barons of the court of Exchequer, upon complaint thereof made and exhibited before them in such short and summary way and method, as to them shall seem meet.

On sheriff's death, sub-sheriff shall continue to act in his name, till another sworn;

and answerable during the interval;

and his security shall remain.

VI. And whereas great inconveniencies have arisen by the death of sheriffs during the time of their sheriffalty: be it enacted by the authority aforesaid, That if any high-sheriff of any county of this kingdom shall happen to die before the expiration or determination of his year, or before he be lawfully superseded, in such case the under-sheriff, or deputy-sheriff by him appointed, shall nevertheless continue in his office, and shall execute the same, and all things belonging thereunto, in the name of the said deceased sheriff, until another sheriff be appointed for the said county, and sworn in manner as is herein after directed; and the said under-sheriff or deputy-sheriff shall be answerable for the execution of the said office in all things and to all respects, intents, and purposes whatsoever during such interval, as the high-sheriff so deceased would by law have been, if he had been living; and the security given to the high-sheriff so deceased by the said under-sheriff, and his pledges, shall stand, remain, and be a security to the King, his heirs and successors, and to all persons whatsoever, for such under-sheriffs due performance of his office during such interval.

No office pertaining to sheriffs shall be sold or farmed.

Penalty 500l. to the King and prosecutor:

Prosecution in two years.

VII. And whereas the office of sub-sheriff or under-sheriff, and other offices and places in the disposal of the high-sheriff, have of late years been frequently sold and lett to farm, whereby many great inconveniencies have happened to the subjects of this kingdom by the oppressions and exactions of sub-sheriffs or under-sheriffs, bailiffs, and other officers concerned in the execution of the King's process: for remedy whereof be it enacted by the authority aforesaid, That from and after the twenty fifth day of April in the year of our Lord one thousand seven hundred and twenty six it shall not be lawful to or for any person or persons whomsoever to buy, sell, lett, or take to farm, the office of sub-sheriff or under-sheriff, deputy-sheriff, seal-keeper, county-clerk, shire-clerk, goaler, bailiff, or any other office or place pertaining to the office of high sheriff of any counties or shires of this kingdom, or to contract for, promise, or grant, for money, or other reward or benefit, the said offices or places, or any of them, or to give, take, promise, or receive any other consideration whatsoever for the said offices, or any of them directly or indirectly by themselves, or any person in trust for them, or for their use; and whosoever shall offend therein, shall forfeit the sum of five hundred pounds; a moiety whereof to his Majesty, his heirs and successors, and the other moiety thereof to such person or persons as shall sue for the same; [Rep., Stat. Law Rev. (I.) Act, 1878.] to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Dublin; in which no essoign, protection, or wager of law, shall be allowed, nor any more than one imparlance: [Rep., Stat. Law Rev. (I.) Act, 1878.] provided that such suit be commenced within two years after such offence committed, and not otherwise.

Not to hinder appointing sub-sheriff, nor him from appointing

deputy on death of high sheriff,

nor the taking just fees, or nominating officers, or their accounting to high sheriff, nor his taking security:

nor his allowing or their receiving a salary.

VIII. Provided, That nothing herein before contained shall any ways hinder or prevent such high sheriff from constituting and appointing a sub-sheriff, under-sheriff, or deputy-sheriff, to act in his stead, as by law he ought to do, nor to hinder the sub-sheriff or under-sheriff, in case of the high sheriff's death, when he acts as high sheriff, from constituting or appointing a deputy, which he is hereby impowered to do, nor to hinder, prevent, or abridge such sheriff, sub-sheriff, or under-sheriff, from demanding, taking, or receiving, the just and lawful fees and perquisites of the office of sheriff, or any place or employment pertaining thereunto, or nominating or appointing any such officer, or from taking security for the due answering the same; nor to discharge, hinder, or prevent such sub-sheriff, under-sheriff, deputy-sheriff, seal-keeper, county-clerk, shire-clerk, goaler, bailiff, or other person having or executing any place or office under such sheriff, from accounting to the high sheriff for all such just and lawful fees and perquisites, as shall by them, or any of them, be taken and received in their respective offices, places, and employments, nor for giving security so to do; nor to hinder or prevent the high sheriff from allowing or securing such salary or recompence to his sub-sheriff, or under-sheriff, deputy-sheriff, seal-keeper, county-clerk, shire-clerk, goaler, bailiff, or other officer, for the execution of the said offices, places, or employments, or any of them, as to him shall seem meet; nor to hinder or prevent the under-sheriff, deputy-sheriff, seal-keeper, or other officer or person aforementioned from taking and receiving such salary or recompence for his or their pains and services therein.

That sheriffs may not be hindered from accounting for want of estreats,

clerks not returning estreats amerced in Exchequer.

IX. And for the more effectual enforcing and obliging the respective clerks of assize, clerks of the peace, or other persons, to whom it doth or may belong to make returns of estreats into the court of Exchequer, to make out and deliver their respective estreats, duplicates, certificates, and schedules in due time, so that the sheriffs may not be hindred or retarded in the passing their accounts for want of the said estreats, be it enacted by the authority aforesaid, That it shall and may be lawful to and for the barons of the court of Exchequer from time to time to amerce such clerk of assize, clerk of the peace, or other person, to whom it doth or may belong to make returns of estreats into the said court of Exchequer, for refusing, neglecting, or omitting to perform and do his or their duty in returning the said estreats, and to cause the said amerciaments to be levied and answered by such ways and means, and in such manner, as other amerciaments set in the said court may or have been used to be done.

No sheriffs, &c. levying debts to the King shall take any fee, except 4d. for acquittance.

Bailiff, &c. receiving such debt shall account to the sheriff, and have acquittance without fee.

Sheriff to discharge such debts by totting in Exchequer.

Penalty treble damages to the party, and double the sum not answered:

taking any money from the King's debtor for forbearance, &c. extortion.

and treble damages and costs, and double the sum,

in Exchequer, on complaint, in summary way,

if conviction in 2 years.

X. And for preventing of oppressions and injuries, which may happen to his Majesty's subjects by the abuse of sheriffs, sub-sheriffs, bailiffs, and others employed in levying and collecting any debts, duties, or sums of money due, or hereafter to become due, to his Majesty, his heirs or successors, by process of the court of Exchequer, be it enacted by the authority aforesaid, That no sheriff, sub-sheriff, or under-sheriff, bailiff, or other person employed in levying or collecting any the said debts, duties, or sums of money, shall take, ask, or receive, any fee, gratuity, or reward whatsoever, of the person or persons liable to pay the said debts, duties, or sums of money, or of any other person for or upon pretence of such levying or collecting, except the sum of four pence only for an acquittance for such sum as shall be so levied or collected; which acquittance such officer is hereby required to give and deliver to the person, upon or from whom such debts shall be levied, or collected, or received; and the bailiff or other person receiving such debt or sum of money shall from time to time answer and account for the same to the sheriff or his sub-sheriff, or deputy, and may require also an acquittance from such sheriff or his deputy for such sum, who are hereby required to give the same without any fee or reward; of and from which debts and sums of money so levied, collected, or received as aforesaid the said sheriffs, and every of them, shall effectually discharge the said debtors and persons respectively by totting and answering the same to his Majesty, his heirs and successors, upon their respective accounts in the Exchequer; and in case any sheriff, sub-sheriff, under-sheriff, or deputy-sheriff, shall nihil, or not duly answer to the crown, any debt or sum of money so levied, collected, or received, such sheriff, sub-sheriff, under-sheriff, or deputy-sheriff, for every such offence shall forfeit treble damages to the party agrieved, and double the sum which is nihiled, or not duly answered as aforesaid; which said damages and penalty shall be ordered, decreed, and given to the person agrieved by the court of Exchequer, on complaint and proof of such abuse as aforesaid made and exhibited before the barons of the said court in such short and summary way and method, as to them shall seem meet; and in case any sheriff, under-sheriff, deputy-sheriff, bailiff, or other person shall presume to demand, take, or receive any sum or sums of money whatsoever, be the same more or less, of any person whatsoever, from whom any debt or sum of money is or shall be due or payable to the crown by process out of the court of Exchequer, for, or in respect, or upon pretence, of executing the said process, or for, or in respect, or upon pretence of fees due to them, or any of them, for collecting or receiving the same, contrary to the true intent and meaning of this act, or if any of the officers or persons aforesaid shall demand, take, and receive any sum or sums of money whatsoever for not levying or forbearing to levy any debts, duties, or sums of money, which are or shall be due to his Majesty, his heirs and successors, and written out to them, or any of them, by the process aforesaid; in all and every such case every person so offending, and being thereof lawfully convicted, shall be adjudged, deemed, and taken to be, guilty of extortion, injustice and oppression; and all and every such person and persons, being thereof lawfully convicted, shall forfeit for every such offence treble damages and costs to the party agrieved, and double the sum so extorted; all which damages and penalties shall be ordered, decreed, and given by the barons of the court of Exchequer, upon complaint and proof of such extortion made and exhibited before them in such short and summary way or method, as to them shall seem meet as aforesaid; provided such conviction be had and made within two years after such offence committed, and not otherwise.

not to deprive sheriff of allowance by this or any other act.

XI. Provided, That nothing in this act contained shall be construed to deprive any sheriff of such poundage or allowance, as is allowed and given to them by vertue of this or any other act of Parliament made in this kingdom: but that the said sheriffs shall and may enjoy the full benefit and advantage of such poundage or allowance without any impeachment or molestation whatsoever; any thing in this act contained to the contrary thereof in any wise notwithstanding.

Such summary orders of Exchequer for costs and penalties shall have same force as other decrees.

XII. And be it further enacted by the authority aforesaid, That whatever orders or decrees shall be made by the barons of the Exchequer for costs, damages, and penalties, in the cases afore mentioned, or any of them, or in any other case in this act hereafter mentioned, by vertue and in pursuance of this act, in such short and summary way and method as is herein before directed and prescribed, shall have the same effect, force, and vertue to all intents and purposes, as any other order or decree of the same court; and the said costs, damages, and penalties, shall be raised, levied, and obtained by such process, ways, and methods, as are used in the said court to enforce a compliance with any other orders or decrees of the same court.

Oath to be taken by high sheriff, instead of the former by 10 C. 1. 18. sess. 3.

XIII. And be it further enacted by the authority aforesaid, That instead of the oath usually administred to the sheriffs of this kingdom at the entring upon their offices the following oath shall be taken by them, and each of them respectively,

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 may: I will truly preserve the King's rights, and all that belongeth to the crown; I will not assent to lessen or conceal the King's rights, or the rights of his franchises; and whensoever I shall know, that the rights of the crown are concealed or withdrawn, be it in lands, rents, franchises, suits, or services, or in any other matter or thing, I will do my utmost to have them restored to the crown again; and if I may not do it myself, I will certifie 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, 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 pannels of persons able and sufficient, and not suspected or procured, as is appointed by the statutes of this realm: I have not sold nor lett to farm, nor contracted for, nor have I granted or promised for reward or benefit; nor will I sell or lett 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 good laws and statutes of this realm; and in all things well and truly behave myself in my office for the honour 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.

by sub-sheriff, instead of the oath 11 Anne 8.

XIV. And be it further enacted by the authority aforesaid, That the following oath shall be taken by all sub-sheriffs or under-sheriffs of any county of this kingdom, before they enter upon the execution of their offices, 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 S. 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 all that belongs to the crown: I will not assent to lessen or conceal the King's rights, or the rights of his franchises; and whensoever I shall know, that the rights of the crown are concealed or withdrawn, be it in lands, rents, franchises, suits, or services, or in any other matter or thing, I will do my utmost to make them to be restored to the crown again; and if I may not do it myself, I will certifie and inform some of his Majesty's judges 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 circumstances; and make due pannels of persons able and sufficient, and not suspected or procured, as is appointed 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 whatever by myself, 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 S. which I am now to enter upon and enjoy, nor for the profits of the same; nor for any bailiwick thereof, or any other office or place belonging thereunto: I have not sold or contracted for, or lett to farm; nor have I granted or promised for reward or benefit by 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, and in all things well and truly behave myself 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.

*********