Page:Ruffhead - The Statutes at Large - vol 5.djvu/193

 A. D. 1716. Anno tertio GeorCii Regis. C. 25. 153 XVI. And for afccrtaining the Fees for executing of Writs of Elegit, fo far a< the farn^ relate tp •'■ ' extending of real Kftates, and for afcertaining the vies for executing of Writs of Trlaberefa tas PrSjfi.ontin. ant Seifinam ; Be it enacted by the Authority aforefaiJ, '1 hat from and after the lair Day of lVficlpaelmas- f ac. Poflefl'. &c. jyrw/ in the Year of our Lord one thoufand feven hundred and feventcen it (hall not be lawful for any take above i r. Sheriff, Under-fheriff, Dcputy-lhcriff or their Bailiffs, or for the Bailiff of any Franchife or Liberty, orP cr Poo ? d ° f any of them, by Reafon or Colour of their Office or Offices, or by Reafon or Colour of their executing ^^"m of any Writ or Writs ot Hd/ere facias 1'ojjcJJioncm aut heijinam, to demand, afk or receive any other or &c w |„. r( . the greater Confideration, Fee, Gratuity or Reward, than is hereafter mentioned, (which fhall be lawful to whole exceeds be demanded and taken) that is to fay, the Sum of twelve Pence for every twenty Shillings of the yearly not tool, per Value of any Manor, Meffuage, Lands, Tenements and Hereditaments, whereof Poffeffion or Sciftn {hall ^"£ ™». f be by them or any of them given, where the whole exceedeth not the yearly Value of one hundred *~ ^?Jbwc Pounds, and the Sum of fix Pence only for every twenty Shillings per Annum b vet and above the faid year- the oid-y en ly lv Value of one hundred Pounds. Value. ' •' ' i. c. •;. :j. ;. no more is to be ■ :r,i. . . ■ >'■ • . ' XVII. And whereas it often happens that fmall Sums only S ■ lemftitimg .'•■-,..■.' >a- { tutcs and Recognizances given, acknowledged and entred intp for jj e Sums a J ■ w/tr- ' thclefs in thefe Cafes upon executing of Writs of Capias ad fair " Kztm, rjft' flj rfva ' stakes for his Fees Poundage for the whole whole Money for which fuc'-, ' ,: ' ■ > j : ' - ■'.- ' nizances are entred or acknowledged; which Poundage often far exceeds t '■>• ■ bt : tiiie to the 3 tiffs in aforefaid, That from and after the faid laft Day of Michaelmas-term one thoufand feven hundred and feven- net be taken for reon Poundage fhall in no Cafe be demanded or taken upon executing of any Writ of Capias ad fatisjaden- ««uong any dam, or upon charging any Perfon in Execution by virtue of fuch Writ, for any greater Sum than the i*' i ~e'n°'&"? real Debt bona fide due and claimed by the Plaintiff amounteth unto ; which Sum the Plaintiff {hall he ahd( f which'p»* is hereby obliged to mark and fpecify on the Back of fuch Writ, before the fame be delivered to the Sheriff is paid) to be executed ; and in cafe any Sheriff, Under-iheriff, Deputy-'fheriff, Bailiff or other Perfon fhall of- for any greater fend againft the true Meaning hereof, by taking any greater Fees, Gratuity or Reward, than is herein be- ^ u ™. tha "^ naL fore allowed, every fuch Perfon fo offending as aforefaid, and being thereof lawfully convicted, {hall be [hT Plaintiff ° adjudged, deemed and taken, and is and are hereby adjudged, deemed and taken to be guilty of Extortiorr, wri0 is to mirk Injuftice and Oppreffion ; and all and every fuch Perfon and Perfons being thereof lawfully convicted as the fame on the aforefaid, fhall for every fuch Offence forfeit to the Party aggrieved treble Damages, and double the Sum Back ot the fo extorted ; which faid Damages and Penalties fhall be ordered, decreed and given to the faid aggrieved ^J 1 ^ *&„■& arty by the Court out of which fuch Writ or Writs iffued, upon Complaint and Proof of fuch Extor- &c- offending ' tion made and exhibited before the Judges of fuch Court, in fuch fhort and fummary Way and Method, is guilty of Ex* as to them -fhall feem meet ; and over and above the faid Damages and Penalties, every fuch Perfon fo of- tcrtion, &c. fending and convicted as aforefaid fhall forfeit the Sum of two hundred Pounds ; one Moiety whereof {hall an °. ,or " c * be to the King's Majefty, his Heirs and Succeffors, and the other Moiety thereof to fuch Perfon or Per- .■orfeiMo'tne fons as '{hall fue for the fame ; to be recovered by Action of Debt, Bill, Plaint or Information in any ofp arty grieved the Courts of Record at Wcjlminjler, in which no Effoin, Protection or Wager of Law fhall be allowed, treble Damages, nor any more than one Imparlance ; Provided fuch Suit be commenced within two Years after fuch Of- and doable the -fence committed, and -not otherwife ; and provided likewife, That no Perfon be fued or profecuted by ^ { "P i ° e ! clor ! e ^' virtue of this Act for any Offence of this kind committed before the faid laft Day of Michaehn.;s-term one the Courtwhich thoufand feven hundred and {even-teen-, iriued the Writ, in a fummary Way, and alfo 200 1. one Half to the King, the other to the Profecutor, in any Coutt at Weftminfter, if fuch Suit be commenced within two Yeats. XVlIT. And be it enacted by the Authority aforefaid, That inftead of the Oath ufually adminiftred to Sheriffs at the entring upon their Offices, the following Oath fhall be taken by them and each of them rcfpeclively, excepting the Sheriffs of the feveral Counties in Wales, and of the County Palatine of Qbefiei% .(videlicet,) A. B. do fwea'r, That I will well and truly ferve the King's Majefty in the Office of Sheriff of the xm- High She- Cotfnty of ., and promote his Majefty's Profit in .all Things that belong to ring's nt« Oa;h. ' to the Crown; I will notaffent to decreafe, leffen or conceal the King's Rights., or the Rights of his "* Franchifes ; and whenfoever I fhall have Knowledge that the Plights of the Crown are concealed or ' do my-utmoft to make them be reftored to the Crown again.; .andif I. may not do.it myfelf, I will certi- 5 fy and inform the King thereof, or fome of his Judges; I will not refpite or delay to levy the King's ' Debts for any Gift, Promife, Reward or Favour, where I may raife theiame without great Grievance l fturb-na "Man's Right, a.nd will truly and' faithfully acquit at the Exchequer all thofe of whom I fhall V-ol.V. X ' ' Writs
 * ""**'' — *■' J - t r /** rt/r if o ' f ' *i ei ' — ui«ny "■* -nor,
 * fuch Writs :' For remedying of which Grievance and Inconvenience, Be it fcnatfred by h A uthtrtity .Poundage ftaH
 * my Office, as far as I legally can or may ; I will truly preferve the King's Rights, and a!l that belongeth
 * withdrawn, be it in Lands, Rents, Franchifes, Suits or Services, or in any 'Other Matter or Thing, I will
 * 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 Promife, nor .for Favour or Hatred; I will di-
 * receive any Debts or Duties belon^ng to the Crown ; I will take nothing whereby the King may lofe, or
 * whereby his Right may bediiiurbed^ injured or delayed ; I will truly .return and ttruly ferve all the Kking's