Page:Ruffhead - The Statutes at Large - vol 2.djvu/392

 ;l»4- C. 26. Anno xxxiv & xxxv Henrici VIII. A, D. 1542-3. Two-Conrtables of the Hundred A Gaol to be provided bv the Sheriffs and Bai- liffs of the Hundred. County -Courts, Hundred- Courts. Trial bv Wager of Law of fix Men. Sheriffs Torns. Fines forfeit in Torns, &c. The Eftreats af- ferred by the Juftices of Affife. The Sheriff may award Execution. Sheriffs Fees for executing feveral Writs. Bills fued before Jthe Juilices. Attachments or other Procefs fued hy original. &c. •Snfpeft Perfons may be put un- der common Mainprife. 97 H. 8. c. 26. LXIX. Provided always, That the Writ De Coronatore eligendo, to choofe the- Coroners within the faid County of Flint, fhall be directed out of the Exchequer of Cbefler. LXX. Item, That the faid Juftices of the Peace, or two of them at the leaft, whereof one of them to he of the Quorum, fhall appoint and name, in every Hundred within the Limits of their Commiffion, two iubftantial Gentlemen or Yeomen, to be the chief Conftables of the Hundred wherein they inhabit; (2) which two Conftables of every Hundred fhall have a fpecial Regard to the Confervation of the King's Peace, and fhall and may do and ufe their Offices in all and lingular Things, as is ufed by the High Conftables of the Hundreds in England, and fhall be bound to all Things as the High Conftables of the Hundreds in Eng- land be bound to do. LXXI. Item, That every of the faid Sheriffs fhall have a Gaol for Prifoners within fome convenient Place of the Caftles of the Shire-towns where he is Sheriff, or in fuch other convenient Place, as by the faid Pre- fident, Council and Juftices, or three of them, whereof the faid Prefident to be one, fhall be appointed; any Patent or Grant heretofore made to any Perfon or Perfons of the Conftablefliip or Keeping of any of the faid Caftles in any wife notwithftanding. (2) And that the Sheriff fhall make the Bailiffs of the Hun- dreds, and they to attend upon the Juftices in every of their Courts and Seffions. LXXII. Provided always, That the Conftables of the King's Caftles within every of the faid Shire- towns of Wales fhall not be charged with the Gaols, and of all the Prifoners that fhall be committed to their Ward, like as they have heretofore been, until fuch Time, convenient Places for that Purpofe be affigned to the faid Sheriff. LXXIIT. Item, The faid Sheriffs fhall keep their Counties monthly, and their Hundred Courts for Pleas under xl.s. as is ufed in England; (2)" and fhall take for the entering of Plaints, Procefs, Pleas and Judg- ments in the faid Shire-courts and Hundred?, fuch fmall Fees as is ufed to be taken in Shires and Hundreds in England, and not above. LXXIV. Item, That all manner of Trials before them in their faid Courts, or before any Stewards in Court-Barons, fhall be by Wager of Law, or Verdict of fix Men, at the Pleafure of the Party Plaintiff or Defendant that pleaded the Plea. LXXV. And that every of the faid Sheriffs fhall keep and hold their Torns yearly after Eajler and Mi- chaelmas, as they have beemufed in England. LXXVI. Item, The King's Highnefs fhall have all manner of Fines, Iffues, Amerciaments, and For- feitures loft or forfeited in any of the faid Counties, Hundreds, Courts and Torns, to his own Ufe, and the Sheriff to account for the fame accordingly. LXXVII. Item, That the Eftreats of the faid Torns, Counties and Hundreds fhall be viewed, and the Fines, Iffues and Amerciaments afferred by the faid Juftices of Affifes of that Circuit, before the levying of the fame Amerciaments or other Forfeitures; (2) and that no Sheriff, or any of his Officers, prefume to gather or levy any fuch Amerciament, or other Forfeiture, before the faid Eftreat be fo afferred, upon Pain to forfeit to the King's Ufe xl. s. (3 ) And that the Sheriff upon every Judgment had before him in his County or Hundred Court, in any Plaint under xl. s. fhall and may award a Capias ad fatis faciendum, to arreft the Party condemned, or elfe a Fieri fac, at the Liberty of the Party purfuant. LXX VIII. Item, That all Bills fued before the faid Juftices in perfonal Actions, whereof the Debt, Duty or Damage is under xl. s. the Sheriffs fhall have for the Return of every Bill ij. d. (2) and every Venire fai, Tales, Habeas corf, and Diflr', ij. d. and for Writs of Execution upon the Judgment in any fuch Bill, xij.d. LXXIX. Item, In Bills fued before the faid Juftices in Actions perfonal above the Sum of xl. s. the She- riff fhall have, for the Return of every" fuch Bill, iv. d. and for the Return of every Venire fac Habeas corp', Diftr* and Tales, iv. d. and for every Writ of Execution ij. s. (2) And in all perfonal Ac;- tions fued by original Writs returnable before the faid Juftices, the Sheriff fhall have for every Iterumfum' Diflr' and alias Diflr', iv. d. and for every Venire fac, Flabeas corp', Dijlr'', and Tales, vj. d. and for every Writ of Execution to be executed upon the Judgment in fuch Actions, ij. s. For the ferving of every Writ of Elegit, vj. s. viij. d. (3) And in all real Actions, or mixt, purfued before the faid j uftices by original Writ, for Return of every Original, ij. s. and for the Return of every other Writ and judicial Pro- cefs depending upon the fame, before Judgment, ij, s. and for every Writ of Execution after Judgment, upon every Original, in Actions real or mixt, /}'. s. and for the ferving of every Writ of Haberi fac feifi- ?iam, vj. s. viij. d. LXXX. Item, For Attachments upon Capias, or other Procefs fued before the faid Juftices by original or judicial Writ, if he return Cepi Corpus, ij. s. and for a Redditfe, upon an Exigent of Felony, in Appeal of Murder or Maim, or upon any Indictment of Felony or Murder, ij. s. (2) and upon a Reddit fc, upon an Exigent of Debt, Trefpafs, Detinue, and all other Actions perfonal, i.s. (3) and for the making of 1 Replegiar', i. s. and Withernam upon the fame, i. s. (4) For the Return of every Writ of Appeal of Mur- der or Felony, or Maim, i. s. and upon all other Procefs grown upon the fame, as Venire fac, Tales, Ha- beas corp' and Diftr', i, s. (5) and in every Action taken before the Sheriff by Juflices, for the Summons thereof, iv. d. and for every other Procefs thereupon, iv. d. and for every Prifoner delivered by Acquittal, or by Proclamation, for any manner of Felony, i. s. LXXXI. Item, That every Sheriff, within the Limits of his Authority, may and fhall put fuch Perfons under common Mainprife, as they have reafonable Caufe of Sufpect, according to the faid Act mad; for Wales, binding fuch as they fhall fo put to common Mainprife with two iufficient Sureties with them, by Recognifance, to appear before the faid Juftices within the Limits of their Authorities, at the next great Seffions to be holden next after the taking of fuch Bonds, and fhall certify the Names of them that be bound, before the faid Juftices at the faid Seffions accordingly, without Concealment thereof, at their Plea- fiue. ' LXXXlI,