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Corruption and partiality of sub-sheriffs and bailiffs:
on sheriff's return non est inventus or nulla bona, the plaintiff may take out the same, or other process or execution to coroners,
who may take bail,
and liable on escape,
the like fees,
and gaoler to receive prisoners.
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V. And whereas through the great corruption and partiality of sub-sheriffs and their bailiffs it is now become very difficult to have any measne process or executions duly executed, but returns are made, that the party, against whom such process or execution issues, is not to be found, or that he hath no lands or goods, although the contrary be true: be it therefore enacted by the authority aforesaid, That from and after the said sixth day of November in the year of our Lord one thousand seven hundred and seven, where any sheriff shall on any measne process or execution return, that the person, against whom such measne process or execution issues, cannot be found, or that he hath not any goods or lands, that in such case the party plaintiff may take out the same, or any other measne process or execution, directed to all or any the coroners of the said county, who shall and may execute the same without any further direction or regard to the said sheriffs; any former law, statute, or usage to the contrary notwithstanding: and that thereupon the said coroner or coroners is and are hereby authorized and impowered to take bail for the appearance of such person or persons taken by him or them on measne process, as the sheriff may or might have done, and shall be liable to an action, in case of any escape of any person in his or their custody on such measne process or execution, as the sheriff should have been, if the said writ had been executed by him; [a]
and that the said coroner or coroners shall and may take such fees, and no other or more, for execution of the said several writs, than as is by this act appointed: and in case the said coroner or coroners shall commit any person or persons, so taken by them, to the county goal, the goaler is hereby directed and required to receive and detain them.
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