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Execution to be marked with the sum in certificate.
[3 Geo. 1. c. 15. Eng.]
Fees to officer on cap. sat. fier. fac. or elegit, 12d. per l. the first 100l. 6d. afterwards.
Where goods in execution amount not to the demand, fees only for so much.
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III. And be it likewise declared and 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, on all executions by capias ad satisfaciendum, fieri facias, or elegit, where body, goods, or chattels are taken in execution, the sheriff or other officer aforesaid shall and may, after such execution executed, demand and take for his fees for such execution the sum or poundage of twelve pence per pound for the first hundred pounds, and six pence per pound for every other hundred pounds, and so proportionably for any greater or lesser sum of what shall appear to be due to the party plaintiff by such certificate, and no more, except only in case where goods and chattels only are taken in execution, which do not amount to the value of the plaintiff's debt or demand; and that in such case the sheriff, or other officer as aforesaid, shall or may take fees or poundage, according to the above-mentioned rate, for so much only as the goods or chattels taken in execution shall be valued at or amount unto, and as he shall levy and pay over to the plaintiff.
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On execution against lands, where legal possession only delivered, officer's fee 1l. 6s. 8d.
where actual possession, 12d. per l.
so as fees on one execution exceed not 5l. and on hab. fac. 2l. 10s.
not to receive said fees till writ fully executed.
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IV. And be it further 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, on executions by writs of elegit, extendi facias, capias utlagatum, liberate, and all other executions against lands, tenements, or hereditaments, where the same only shall be seized into the Queen's hands for the benefit of the subject, or legal possession only shall be delivered, that the sheriff or other officer aforesaid shall and may demand and take the sum of one pound six shillings and eight pence for executing the same, and no more or other fees of poundage, or otherwise: and that on executions by writ of elegit, liberate, and in all other cases where actual possession of lands, tenements, or hereditaments shall be delivered, the sheriff or other officer aforesaid shall and may demand and receive twelve pence in the pound, so as the said fees upon any one execution do not exceed the sum of five pounds; and in cases of habere facias possessionem the sum of two pounds ten shillings, and no more; which fees, and no more or other gratifications or reward, he shall and may receive, but shall not demand or receive the same, until the said writ or writs are duly and fully executed.
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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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Officer not executing, taking other fee or not holding inquiry in 10 days, or holding it at a wrong place, or not giving 8 days notice,
Penalty 20l. or treble damages, at election of plaintiff,
Not paying money received on demand, or in 6 days after return of execution is out, Penalty, double the sum to plaintiff.
If lease for years found, 8 days notice before sale thereof to be affixed in most publick place of shire-town.
On escape, no more to be recovered than the sum certified due, with costs and damages.
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VI. And be it further 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 or other officer or officers as aforesaid shall wilfully neglect, delay, or refuse to execute any such executions, or to do any part of his office therein, or shall demand or receive any other fee, gratification, or reward, than as above-mentioned; or shall not hold an enquiry on such writ of elegit, extendi facias, or capias utlagatum within ten days after such elegit, extendi facias, or capias utlagatum delivered or tendered to him or them, or shall hold such enquiry at any place save the chief town in the county, or such other place as shall be agreed on between him and the party delivering such writ to him, or without giving notice in writing eight days before the execution thereof to the said party of the time and place of holding such enquiry, that such sheriff or other officer in every such case shall forfeit and answer to the party grieved the sum of twenty pounds, or treble damages, at the election of the plaintiff, to be recovered in any of her Majesty's courts of record; and that where any money is or shall be received by such sheriff or other officer on any execution, the same shall be paid on demand, or within six days after, to the party, at whose suit the said execution issues, or to his or her attorney or assigns, after the return of the said execution be out; and in case he or they delay or refuse to do the same, that he or they so delaying or refusing shall answer and pay to the plaintiff, or any person by him, her, or them lawfully authorized, double the sum so levied and received: and if upon any such enquiry any lease for years shall be found, that before the sale thereof, the sheriff or other officer aforesaid, before whom such enquiry shall be so held, shall after such enquiry give notice in writing under his hand, that such lease has been found, and therein name the parties, both plaintiff and defendant; and the debt, interest, and costs demanded, and the lands or tenements found thereby, and affix the said notice in the most publick place in the shire-town of the county, town, or city, wherein such lease-hold lands and tenements lie, by the space of eight days before any sale shall be made by such sheriff or other officer of such lease: provided always, that no more shall be recovered against any sheriff,[a]
coroner, or marshal of the Four-courts [a]
] in any action of escape to be brought against him or them, than the sum or sums so certified to be due, with costs of court, and damages for non-payment.
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