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SHERIFFS ACT 1634
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CHAPTER XVIII.
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An Act for the swearing of under-sheriffs, and other officers.
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27 Eliz. 12. Eng.
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11 Anne, 8.
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12 G. 1. 4.
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Misbehaviour of undersheriffs in impannelling juries, &c.
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Oath to be taken by under-sheriffs, and before whom.
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FORASMUCH as grievous complaints are many times made of the misdemeanors and evill behaviour of under-sheriffes, who oftentimes having to them committed by the high sheriffe the whole or part of the exercising and executing of the office of the high-sheriffe, and not taking any corporall oath, as the high sheriffe doth, for the executing and discharging of the same office, doe therefore dayly, most injuriously, through corruption and affection impanell jurors for the Kings Majesty, and betwixi party and party, to the great losse, hinderance and damage of divers his Majesties loving subjects of this realme: For reformation whereof, be it enacted by the authority of this present Parliament, that all and every person and persons, that from and after the first day of May next ensuing, shall be admitted to, or take upon him the executing of the Office of an under-sheriffe in any shire or county within this realme of Ireland, before he intermeddle with the use or exercise of the said office, shall receive and take a corporall oath upon the holy evangelists, before the justices of assize, or one of them of the same circuite, wherein that countie is, whereof he shall be under-sheriffe, or before the custos Rotulorum, or two justices of the peace, whereof one to be of the Quorum of the said county whereof he shall be under-sheriffe as aforesaid; which oath shall be as followeth; that is to say:
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12 G. 1. 4. altered.
Not to take reward for returning juries.
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I A. B. shall not use or exercise the office of under-sheriffe corruptly, during the time that I shall remain therein, neither shall or will accept, receive or take by any colour, meanes or device whatsoever, or consent to the taking of any manner of fee or reward of any person or persons for the impannelling or returning of any inquest, jury or tales, in any court of record for the King, or between party and party, above two shillings or the value thereof, or such fees as are allowed and appointed for the same by the laws and statutes of this realme, but will according to my power truely and indifferently with convenient speed, impannell 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.
II. And likewise be it enacted by the authority aforesaid, That this act shall be a sufficient warrant to the persons appointed by this act to minister the oath aforesaid, for the ministring thereof accordingly.
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Bailiffs, deputies or clerks impannelling juries, or intermeddling with process shall first take said oath.
Penalty 40l.
English, to the king and prosecutor, for acting before taking the oath.
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IV. And be it further enacted by the authority aforesaid, That every bayliffe of franchises, deputy, and clerke of every sheriffe and under-sheriffe, and every other person and persons, which after forty dayes after the end of this present session of Parliament, shall have authority or take upon him to impannell or return any inquest, jury or tales, or to intermeddle with execution of processe in any court of record, shall before he or they intermeddle with any further execution thereof, receive and take the oath aforesaid, corporally, before the person or persons appointed by this act to minister the same, or before the head officer of the place, if it be a towne corporate, changing onely the words, and the office of under-sheriffe, contained in the oath expressed in this act to such words as are convenient for the deputation, office, or place in which the party which taketh the oath is to be exercised in; and if any the said persons limitted to take the oath aforesaid, do take upon him to impannell or return any inquest, jury or tales, or to intermeddle with the execution of processe, not having before taken the oath aforesaid, that then every such person shall loose and forfeit the summe of forty pounds of currant English money; the one moiety to be to the use of our soveraigne lord the king, the other moiety to him or them that will sue for the same. [Rep., Stat. Law Rev. (I.) Act, 1879.]
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Offenders forfeit treble damages to parties grieved.
How said forfeitures recovered.
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V. And be it further enacted by the authority aforesaid, That if any sheriffe, or other person mentioned in this act, or any of them, at any time or times from and after forty dayes next ensuing the last day of this present Parliament, shall doe or commit any act or acts contrary to the oath aforesaid, or contrary to the true intent and meaning of this act, that then every such person so offending, shall forfeit and lose for every such offence, to the party or parties grieved, his or their treble damages; all which severall forfeitures before mentioned, shall or may by the authority of this present act be recovered, had, and levied by action of debt, bill, plaint, or information, in any of the Kings Majesties courts of record; in which actions, suits, plaints or informations, no wager of law, essoyne, or protection shall be allowed. [Rep., Stat. Law Rev. (I.) Act, 1879.]
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Who shall determine said offences.
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VI. And be it further enacted by authority aforesaid, That the justices of assize, and justices of peace in their open sessions, shall have full power within the limits of their authority to heare and determine the defaults done contrary to this act, as well by presentment and information, as indictment, and upon conviction of the offenders to award execution for the levie of the forfeitures aforesaid, by fieri facias, attachment, capias or exigent.
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