diff options
Diffstat (limited to 'old/54235-8.txt')
| -rw-r--r-- | old/54235-8.txt | 3347 |
1 files changed, 0 insertions, 3347 deletions
diff --git a/old/54235-8.txt b/old/54235-8.txt deleted file mode 100644 index 11832c9..0000000 --- a/old/54235-8.txt +++ /dev/null @@ -1,3347 +0,0 @@ -Project Gutenberg's The Office of Bailiff of a Liberty, by Joseph Ritson - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Office of Bailiff of a Liberty - -Author: Joseph Ritson - -Release Date: February 26, 2017 [EBook #54235] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE OFFICE OF BAILIFF OF A LIBERTY *** - - - - -Produced by MWS, Chris Pinfield and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive/American Libraries.) - - - - - -Transcriber's Note. - -Apparent typographical errors have been corrected. The use of hyphens has -been rationalised. - -Italics are indicated by _underscores_. Small capitals have been replaced -by full capitals. - -Square brackets, which indicate sidenotes and footnotes, are also present -in the text. - -There are several words in Anglo-Saxon script. These are indicated by -=equal signs=. The individual characters have been replaced by their -modern equivalents: "wynn" by "w", and so on. - - - - - THE - OFFICE - OF - BAILIFF - OF A - LIBERTY. - - - BY JOSEPH RITSON, Esq. - BARRISTER AT LAW, - LATE HIGH BAILIFF OF THE SAVOY. - - -Ballivus cujuscunque manerii esse debet in verbo verax, et in opere -diligens ac fidelis, ac pro discreto appruatore cognitus, plegiatus, & -electus, qui de communioribus legibus pro tanto officio sufficienter se -cognoscat, et quòd sit ita justus, quòd ob vindictam vel cupiditatem non -quærat versus tenentes domini, vel aliquos sibi subditos, occasiones -injustas, per quas destrui debent, seu graviter amerciari. FLETA. _l. 2. -c. 73._ - - - LONDON: - PRINTED BY A. STRAHAN, - LAW-PRINTER TO THE KINGS MOST EXCELLENT MAJESTY; - FOR J. BUTTERWORTH, LAW-BOOKSELLER, - FLEET-STREET. - - 1811. - - - - -ADVERTISEMENT. - - -The little work now offered to the public was originally compiled by Mr. -Ritson about the same period as similar treatises, on _The Office of -Constable_, and _The Jurisdiction of the Court-Leet_, published in his -lifetime. The author's attachment to the subject, it is believed, induced -him to defer the publication of the present digest, in the hope of -increasing its value by ampler information or more diligent research; and -this object appears to have been sufficiently pursued, during the latter -years of the author's life, to answer his wishes, as the work was left by -him in every respect ready for the press. - -The editor feels it due to the memory of his much honored and lamented -uncle to add, that the recent publications to which Mr. Ritson's name, -from interested motives, has been, very unwarrantably, affixed, are not -intitled to any credit. - - JOSEPH FRANK. - - Stockton-upon-Tees, - 1st February 1811. - - - - -PREFACE. - - -The subject of the following digest is not, as may be hastily imagined, a -matter of mere curiosity or antiquarian research. The officer of whom it -treats exercises his function in many parts of the kingdom, in its -fullest extent, at this day; though the attention requisite in certain -branches of his duty may in some places, no doubt, have induced him to -neglect them. - -The want of such a compilation as the present must have been more or less -felt by every one who has acted in the execution of this office; and -indeed it ought to seem much more extraordinary (considering the -multitude of similar publications on other subjects) that it should not -have been attempted long ago, than that it appears at present. - -Little can, and less need be said in favour of a work which has no -obligations either to genius or to judgement: some labour, however, has -undoubtedly been exerted in the compilation, which, should it have the -good fortune to prove so far serviceable to those whom it most concerns, -as to render the discharge of an ancient and honorable office an object -of less difficulty or hazard, the 'compiler' will not have reason to -regret. - - - - -CONTENTS. - - - Page - - INTRODUCTION xi - - - BOOK I. Of a franchise or liberty 1 - - Chap. I. Of franchises in general 1 - - ---- II. Of the liberty of _Retorna Brevium_, or return - of writs 3 - - - BOOK II. Of the bailiff of a franchise or liberty 16 - - Chap. I. Of his quality 16 - - ---- II. Of his creation or appointment, and interest - in his office 17 - - ---- III. Of his qualification 18 - - ---- IV. Of his power and capacity; i. e. what he may - or may not do or be 20 - - ---- V. Of his duty, i. e. what he must or shall do - or not do 26 - - ---- VI. Of his indemnity and protection 54 - - ---- VII. Of his responsibility and punishment 59 - - ---- VIII. Of his fees 68 - - ---- IX. Pleadings 71 - - - APPENDIX 76 - - - - -INTRODUCTION. - - -Bailiff (_Baillif_, or _Baillie_ French; _Ballivus_, Latin; from -_balliare_ to deliver, intrust, or commit,) is the name given by the -Normans to those ministers of the law whom the Saxons called =gerefa=, -_greve_ or _reve_[1]: an appellation which, however corruptly, we still -retain in the word _sheriff_, (=scyre-gerefa=, or _shire-reve_,) and by -which the bailiff of a manor is in many parts of the kingdom known to -this day. The sheriff himself did not, it is true, long continue to enjoy -the title of bailiff, which gave place to the more honorable one of -_vicecomes_ or _viscount_ (_qui fungitur vice comitis_,) by which name -alone he was constantly stiled in all judicial proceedings, till the -progressive ascendency of the English tongue restored to him his ancient -and original appellation. His county, however, is still called his -_bailiwick_[2], he is often mentioned in _Magna Charta_ and ancient -statutes along with _alii ballivi_, and is himself frequently included -under that title[3]. Between this officer and the bailiff of a hundred, -manor or liberty, such a perfect resemblance appears to have subsisted, -in all respects, that there cannot be a doubt that both were the produce, -if not of the same hand, at least, of the same system. The division of -the kingdom into counties, hundreds and tithings, is well known to be -owing to the wise policy of the great Ælfred[4]; each county, hundred or -tithing is agreed to have been subjected to an officer known by the -common name of the =gerefa=; he who presided over the county at large -being usually, by way of distinction, called the =heh= or =scyre-gerefa= -and sometimes the =scyr=-man, as the others were stiled the =hundred= and -=tything-gerefa= or the hundreder, and tithingman[5]. We are but -imperfectly acquainted with the duty of this officer till after the -conquest. It is said, indeed, that the sheriff, in the time of the -Saxons, was not the minister of the King, but the officer of the -=Ealderman= or =Eorl=[6]. And what this alderman or earl was to the -county, the lord or thain was, no doubt, to his manor or liberty, and -what the sheriff was to the former, the inferior =gerefa= or bailiff was -to the latter. Certain it is that not only the several courts of which we -shall have occasion to speak, but what we now call manors or liberties, -existed from a very early period, nor was it possible for the Norman -Kings to enlarge, in favour of their own countrymen, the amazing powers -which almost every petty Saxon thain or lord exercised in his -jurisdiction, either from the nature of the constitution and ordinary -course of law, or the liberal grants of the Saxon monarchs: powers which -the Norman jurists never found themselves able to express in a different -language[7]. - -The sheriff was originally elected by the freeholders or suitors of the -great Court Baron of the county, commonly called the County Court; the -bailiff by the freeholders of the hundred or manor, suitors to the Court -Baron of each division[8]: and when the right of election in the former -case was wrested from the people by the Norman tyrants[9], the same right -in the latter case was usurped by the lord of the hundred or manor. The -sheriff presided as judge in the folkmote or leet of the county, the -bailiff in that of the hundred or manor. The former sat as principal -executive officer of the County Court; the bailiff, of the Court Baron; -the freeholders or suitors being the judges in each to this day: and -though both seem to have been anciently considered as the Kings courts, -yet offences were in one alledged to be _contra pacem ballivi_, and in -the other _contra pacem vicecomitis_[10]. The fines and amerciaments -imposed in these courts were levied, and the process of the court -executed by the sheriff and bailiff in the same manner; each having his -serjeants or inferior officers to assist him: and in the proceedings of -the above courts, or others nearly similar, and held by or before the -same persons, was comprehended the whole system, as well of the civil as -of the criminal law of that age, not only before the institution of -judges itinerant, but (in many cases at least) long after. The revenue of -the crown was collected and accounted for by the sheriff and bailiff -within their respective jurisdictions: And as each of them governed the -tenants in peace, so he led them forth to war when necessity -required[11]. Each of them had likewise his proper _aid_ or _scot_, which -he assessed upon the landholders within his bailiwick, who frequently -complained of it as an intolerable grievance, and as such it was at -length abolished. The Kings writ is thought not to have run as it now -does till about the institution of the Eyre or Iter of the Justices by K. -_H. 2_.[12] How his commands were signified before this invention does -not clearly appear[13]; but certainly after it took place, the execution -of the writ (though necessarily directed to the sheriff) was as much the -duty of the bailiff within the franchise, as of the sheriff without; nor -could the latter, without a special authority, interfere in the most -trivial matter which belonged to the other. In short, whatever the -sheriff did or could do in the county at large the bailiff could do and -did within his franchise, whether hundred[14] or manor. Such was the -ancient constitution, and such in a great measure will appear from the -following sheets to be the law at this day. - - [1] From =gerefen= _tollere_, _rapere_, _exigere_. _Exactor Regis (sc. - mulctarum & jurium suorum). Ideo scil. quod mulctas regias et - delinquentium facultates, in fiscum raperent, exigerent, deportarent._ - Spelman, _voce_ REVE. - - [2] See _Co. Lit. 168, b._ Whenever the sheriff in any judicial - proceedings speaks or is spoken to of his county, the law in fact has - regularly no other name for it; _in comitatu meo_ or _tuo_ for instance - has (frequently at least) a very different meaning. - - [3] _2 Inst. 19._ Blount, _voce_ Bailiff. And see _Fortescue on - Monarchy_, 124. _Sed quia_ vicecomes ... _fuit_ ... magnus domini Regis - ballivus. _M. Paris._ 801. The governors of the city of London were - originally called portreves, then bailiffs, then sheriffs, and at last - mayors. _Stows Survey_, by Strype. _B. v. c. 6._ - - [4] _Ingulphus (apud scriptores post Bedam)._ 870. _Gul. Malmesburiensis - de Gestis Regum. Ibi._ 44. Camdens _Britannia. clxvii._ _Seldeni - Analecta, Opera, ii._ 922. Notes upon Draytons Polyolbion. Song xi. - (Works. iv. 1839.) Shires, however, it is certain there were before this - time. See Bradys Hist. of Eng. i. 84. 116. and Sir J. Spelmans Life of - Ælfred. 110. - - [5] The _præpositus villæ_, or bailiff of a manor, was also called the - =tungerefa= or Tungreve. _Vide_ Spelman, _voce_ Grafio. - - [6] Hickes. Dis. Epis. 49. - - [7] Infangtheof, outfangtheof, thol, theam, soc, sac, blodwite, - fythewite, flyhtewite, fledwite, ferdwite, hengewite, leirwite, - childwite, wardwite, grithbrech, hamsocn, forstall, ordel, oreste, - flemenefrith, miskennyng, burgbruch, &c. &c. - - [8] Kennet, Par. Ant. Glos. v. _præpositus_. Another title common to - sheriff, bailiff, and reve. - - [9] This privilege was restored to the people by the _Articuli super - Chartas_; _28 E. 1. c. 8._ but resumed in the following reign, and has - ever since continued in the crown. _9 E 2. st. 2. Jenk._ 229. They enjoy - the right of electing the coroner still; chiefly, it is supposed, - because it has not been thought worth taking from them. - - [10] _Fleta. l. 2. c. 53._ § 1. The _steward_ has been in possession of - this branch of the bailiffs office for many centuries. When this - transfer took place would be scarcely possible to discover. It should - seem, however, to have been gradual, and might possibly have its rise - from the _Senescallus_, the =Styweard= or _major-domo_ being sometimes - more conversant in forensic matters than the bailiff, whose office - chiefly concerned the management of the lords demesne and other - out-of-door concerns. The _Mirror_ (written in the time of _E. 2._) - constantly speaks of the bailiff as judge of the court leet; see also - Ken. _Par. Ant._ p. 319. And thus Finch, speaking of the County Court - and Court Baron, says "the suitors are the judges and the _bailiff_ and - sheriff are but ministers." _Law._ 248. And hence, perhaps, it has been - held that both offices might be enjoyed by one and the same person. - _Cro. Jac._ 178. (cites _29 H. 8._) And it should seem from Bracton that - writs were indifferently directed to either the steward, or the bailiff, - _ballivo vel senescallo_. _l. 5. c. 32._ - - About the time that this separation took place, the lowest branches of - the bailiffs office were transfered to an inferior minister, named a - _reve_, of whom we read at large in _Fleta. l. 2. c. 76._ But possibly - this was only the case in extensive manors and demesnes, where a single - person was found unequal to the discharge of the united functions of - _steward_, _bailiff_, and _reve_. - - [11] Lambards _Perambulation of Kent._ p. 484. - - [12] _V._ Prynne, Animad. on 4 Inst. p. 150. _Hickes. Dis. Ep._ p. 8. - 48. See however in Madox, His. Ex. p. 100. an instance of justices - itinerant in the time of K. Stephen. Writs unknown to the Saxons. - _Hickes. u. s._ p. 8. - - [13] A collection of all the writs and charters that can be met with of - the first three or four Norman kings would be a useful, curious, and - interesting work. - - [14] Most hundreds have, by statute or otherwise, been united to the - body of the county and power of the sheriff. But many of them, having - been granted in fee, still exist as independent franchises. - - - - - THE - OFFICE - OF - BAILIFF OF A LIBERTY. - -BOOK I. - -Of a FRANCHISE or LIBERTY[15]. - - - - -CHAPTER I. - -OF FRANCHISES IN GENERAL. - - -[Sidenote: Royal privilege.] - -[Sidenote: Forfeiture.] - -A franchise is a royal privilege in the hands of a subject; and is -forfeited by misusing it. _Finch_, 164. - -[Sidenote: Record.] - -If a franchise be of record in any court of the King it is sufficient. -_27 H. 6. 9._ - -[Sidenote: _Quo warranto._] - -Allowance of franchises in _Quo warranto_ or in Eyre shall conclude the -King, for this is the suit of the King to try franchise; _contra_ of -allowance in the Common Bench or other court. _10 H. 7. 13._ _Br. -Fraunches & Liberties_, 40. - -[Sidenote: General statute.] - -Franchise bound by general statute, _tam_ within _quam_ without the -franchise. _19 H. 6. 1._ - -Franchise or other special liberty or privilege shall not be defeated by -general statute. _19 H. 6. 64._[16] - -[Sidenote: Prisons.] - -Albeit divers lords of liberties have custody of the prisons and some in -fee, yet the prison itself is the Kings _pro bono publico_; and therefore -it is to be repaired at the common charge; for no subject can have the -prison itself. _2 Inst._ 589. - -None can claim a prison as a franchise, unless they have also a -jail-delivery of felony, which the dean and chapter of Westminster hath -not, and therefore ought to send a calendar of 'prisoners' to Newgate, or -return the _Habeas Corpus_ to _B. R._ with a claim of their franchise. _1 -Salk._ 343. - -[Sidenote: _Magna Charta._] - -By _Mag. Char._ c. 38., are saved to all archbishops, &c. earls, barons, -and all others, all liberties and free customs which they had enjoyed -before. - -In the preamble to many of the old statutes it is stipulated that all the -lords spiritual and temporal, and the other lieges of the King having -liberties and franchises, shall have and enjoy all their liberties and -franchises which they have of the grant of the Kings progenitors and of -his own grant and confirmation. This is the constant preface to the -petition rolls to which the King always answers "_Le Roy le voet_." _Rot. -Parl._ _passim_. And that all persons and corporations may fully enjoy -their liberties, [and] franchises, [was] one prime cause of calling -parliaments, and so declared, and the conservation of them one chief -petition of the commons when violated. _Abridgement of the Records_[17]. -_Table_, _voce_ Liberties. - - [15] Note, that these words are in this work used in two different - senses, but both equally common: viz. 1. for the privilege itself, as - the franchise or liberty of _Retorna Brevium_: 2. for the manor or - territory in or over which that privilege is exercised, as the Liberty - or Franchise of the Savoy. There will seldom, if ever, be any confusion - or obscurity on this account. - - [16] Vide _Co. Lit._ 115. and the case of the King against Pugh. - _Douglas_ 179. - - [17] Published by Prynne under the name of Sir Robert Cotton, but said - to have been actually compiled by William Bowyer, keeper of the records - in the Tower in the time of Queen Elizabeth. - - - - -CHAPTER II. - -OF THE LIBERTY OF _Retorna Brevium_, OR RETURN OF WRITS. - - -[Sidenote: Roll of Liberties.] - -[Sidenote: _Non omittas._] - -By _W. 2. c. 39._ The treasurer of the exchequer shall deliver in a roll -all the liberties in all shires that have return of writs. And if the -sheriff answer that he hath made return to the bailiffs of any other -liberty than is contained in the said roll, the sheriff shall be -forthwith punished as a disheritor of the King and his crown[18]. And if -peradventure he answer that he hath returned the writ to the bailiffs of -some liberty that indeed hath return who hath done nothing therein[19], -the sheriff shall be commanded that he shall not omit by reason of the -aforesaid liberty, but that the Kings precept shall be executed; and that -he make known to the bailiffs to whom he returned the writ that they be -at a day contained in the writ to answer why they have not made execution -of the Kings precept. And if they come at the day and acquit themselves -that return of the writ was not made to them, the sheriff shall be -forthwith condemned to the lord of the same liberty, and likewise the -party grieved by the delay in restitution of damages. And if the bailiffs -come not at the day, or come and do not acquit themselves in manner -aforesaid, in every judicial writ, so long as the plea endureth, the -sheriff shall be commanded that he omit not because of the liberty, &c. - -That the statute, in this respect, was little more than a declaration of -the common law, appears from _Bracton. l. 5. c. 32._ - -[Sidenote: Indenture.] - -By _12 E. 2. c. 5._ Of returns which shall be made to sheriffs by -bailiffs of such franchises as have full return of the Kings writs, an -indenture shall be made between the bailiff of the franchise by his -proper name, and the sheriff by his proper name. And if any sheriff -change the return so delivered to him by indenture, and thereof be -convicted at the suit of the lord of the franchise, of whom he shall have -received such return, if the lord shall have sustained any damage, or his -franchise be imblemished, and at the suit of the party who shall have -sustained damage by that occasion, he shall be punished on behalf of the -King for his false return, and render to the lord and to the party double -damages. - -[Sidenote: Prescription.] - -Return of writs may be claimed by prescription as appertaining to a -manor. But more especially may it be claimed as appertaining to an -honour. _Hardres._ 423. - -[Sidenote: Escheat,] - -Where a man hath _Retorna Brevium_, which liberty comes to the hands of -the King by escheat _vel aliter_, this unity in the King shall not -extinguish the liberty. _Keilwey._ 72.[20] - -[Sidenote: A dangerous liberty!] - -This liberty of Retorna Brevium (saith C. B. Hale) is a dangerous liberty -for him that hath it; for he is to be responsible for all the defaults of -his bailiffs, as escapes, &c. And if the bailiff do not account for the -collection of the Kings revenue he is responsible for it; 'tis a feather -in his cap, but a thorn in his foot. _2 Vent._ 406. - -[Sidenote: Sheriff.] - -This liberty though it carries an exemption, yet it doth not exclude, but -that the sheriff may execute writs within it. But then it is a wrong for -which the lord of the liberty may have his action: but in some cases the -sheriff may lawfully do it, as in the case of the King. A _non omittas_, -_&c._ in case of execution of a writ of waste, whereto he is particularly -empowered by the statute, and sometimes where the thing is divided[21]. -(By Hale C. B.) _2 Vent._ 406. - -[Sidenote: Warrant.] - -If an action be brought in a county, and the place where, _&c._ is the -franchise of another who hath return and execution of writs within the -said franchise, yet the writ shall issue to the sheriff, and he ought to -make over a warrant to the bailiff of the franchise to execute the same -writ; and the writ shall not be directed to the bailiff, &c. for he is -not officer to the court. And moreover it shall be intended that all -vills in the county are within the power of the sheriff till the contrary -be made appear by return of the sheriff. _35 H. 6. 42._ - -To the sheriff the writ must be directed, though it be for a thing done -in a franchise, and he shall send to a [_l._ the] bailiff of the -franchise who shall serve it as a servant to the sheriff[22], and the -sheriff return it _Finch._ 238. - -[Sidenote: Service by sheriff.] - -And though the sheriff serve an execution in a franchise, yet it is good. -And the lord of the franchise is driven to his action upon the case -against the sheriff, for the sheriff is immediate officer. _Id._ _Ib._ - -Where the sheriff makes execution in franchise it is good, for he is -immediate officer to the court; otherwise where bailiff makes execution -in the guildable; and the lord of the franchise in the first case shall -have his remedy for infringing the franchise. _11 H. 4. Br. Execution._ -32. - -[Sidenote: The King party.] - -If the sheriff without _Non Omittas_ serve process within liberty or -franchise that hath return of writs it is good. _11 H. 4. 9._ _20 H. 7. -7._ But the lord of the franchise shall have action upon the case against -him. _Fitz. Nat. bre._ 95.[23] But if the King be party the lord hath no -remedy, for the writ for the King is always _Non Omittas_ in law. _41 -lib. Ass._ 17. _Cromp. J. P._ 164.[24] - -Where the King is party the _venire facias_ shall make mention of _non -omittas_; for where the King is party the sheriff shall not write to the -bailiff of the franchise, but serve the process himself. _41 Ass._ p. 17. -_Br. Fraunches & Liberties_, 18. - -The King hath no other minister than the sheriff, and where the King is a -party no franchise shall be allowed. _Fitz. Chal._ 129. - -Where the King is party as against felon or otherwise in action, the -franchise shall not take place, but the sheriff ought to enter the -franchise and serve the process, unless this clause _licet fuerimus pars_ -be in the charter, in which case it seems otherwise. _38 Ass._ p. 19. -_Br. Fraunches & Liberties_, 31. - -If the King grant _returna omnium brevium_, yet he shall not have return -of the summons of the exchequer. _22 Ass._ p. 49. _Br. Patentes_, 32. - -[Sidenote: Arrest by sheriff.] - -_Per Glynn_ Ch. J. Mich. 1658; if one be arrested by the sheriff of the -county within a liberty, without a _non omittas_, yet the arrest is good; -for the sheriff is sheriff of the whole county, but the bailiff of the -liberty may have his action against the sheriff for entering his -liberty[25]; but upon a _quo minus_, a sheriff may enter any liberty, and -execute it _impune_. _R. S. L._ 116. _cites_ _Pract. Reg._ 72. _Viner, -Franchises_, (_B._) 6. - -[Sidenote: _Non omittas_, _Capias utlagatum_, _Quo minus_.] - -The sheriff, upon a _non omittas_, _capias utlagatum_, or _quo minus_, -may enter and make an arrest in any franchise. _L. P. R._ 635. _Viner, -Franchises_, (_B._) 6. - -[Sidenote: _Non omittas._] - -In the county of Suffolk are two liberties, one of St. Edmund Bury, and -the other of St. Ethelred of Ely: suppose a _capias_ comes at the suit of -_A._ to the sheriff of Suffolk, to arrest the body of _B._ the sheriff -makes a mandate to the bailiff of the liberty of St. Ethelred, who makes -no answer; in that case the plaintiff shall have a writ of _non omittas_, -and by force thereof he may arrest the defendant within the liberty of -Bury, although no default was in him [_sci._ in the bailiff of that -liberty.] _5 Rep._ 92. - -But this is to be understood of the process of the Kings Bench; for -Common Pleas recites the _capias_, the sheriffs return, that he has made -his mandate to the bailiff, who has given no answer, and then gives the -sheriff power to enter the liberty; but in the Kings Bench, on the -sheriffs return on the _Latitat_, the authority is general, _non omittas -propter aliquam libertatem_, which gives the sheriff power to enter not -only that liberty, but all the liberties within the county: And this -seems to be grounded on the words of the _latitat_, (viz.) _latitat_ and -_discurrit_, so that the defendant is supposed to skulk and run from one -place to another; and therefore the _non omittas_ was made general, that -he might not run from one liberty to another. _Gilb. Hist. C. P._ 24.[26] - -[Sidenote: Justice of peace.] - -A warrant of a justice of peace to arrest for felony may be executed in a -franchise within the county, for it is the Kings suit, in which a _non -omittas_ is virtually included. _2 Hale P. C._ 116.[27] - -[Sidenote: Process.] - -By _5 G. 2. c. 2._ § 3., in particular franchises and jurisdictions the -proper officer there shall execute such process [i. e. where cause of -action in superior court is under 10l. in inferior court under 40 s.] -[made perpetual by 21 G. II. c. 3.][28] - -[Sidenote: Sheriffs deputy.] - -By _13 G. 2. c. 18._ § 6., for the better and more speedy execution of -process within particular franchises or liberties, the sheriff of every -shire, being no city or town made a shire, within which there is any -franchise or liberty, the lord or proprietor whereof is of right intitled -to the return of writs within such franchise or liberty, shall (if -required by any such lord or proprietor) within one month next after such -request made to him for that purpose, nominate and appoint one or more -sufficient deputy or deputies, at the proper costs and charge of such -lord or proprietor, to be resident at some convenient town or place in or -near such franchise or liberty, to be for that purpose appointed by the -lord high chancellor of Great Britain, and the chief justices of his -Majestys courts of Kings Bench and Common Pleas for the time being, or -any one of them, who is and are hereby authorized and impowered to -appoint such convenient town or place as to him or them shall seem meet, -and to settle and direct what costs and charges shall be paid therefore -by such lord or proprietor; and such deputy or deputies shall reside at -such town or place so to be appointed as aforesaid, and shall have -authority in the sheriffs name, and is and are respectively authorized -and impowered to receive and open all such writs and process (the -execution or return whereof doth of right belong to the lord or -proprietor of any such franchise or liberty) and thereupon in the name, -and under the seal of the sheriff, to make and issue out such warrant or -warrants to such lord or proprietor, as by law is requisite, for the due -execution of such writs or process; and every such deputy or deputies is -and are hereby required, upon tender of any such writ or process, to -receive and open the same, and to issue out such warrant thereon, without -delay, in such manner and form as the sheriff himself may or ought to do, -without taking any further or other fee than what is now due and -accustomed for such warrant; upon pain that every such sheriff or deputy -respectively, who shall be guilty of any wilful neglect or default in the -premises shall be liable to be punished for the same, as for a contempt -of one of his Majestys said Courts of Chancery, Kings Bench, or Common -Pleas (as the case shall require), and shall likewise make satisfaction -to the party or parties that shall receive damage thereby. - -[Sidenote: _Ca._ and _non om._] - -_Note._ It is now usual to take out the _capias_ and _non omittas_ -together, without staying for the sheriffs return[29]. _Gilb. Hist. C. -P._ 26. - -_Note_, If any of your defendants live within a liberty where the sheriff -may not enter, you must get the sheriff to direct his warrant on your -writ to the bailiff of such liberty, who may execute it; but if the -bailiff of such liberty do not execute it, then you must at the return of -your writ, get the sheriff to return a _mandavi ballivo_ thereon, and -thereupon you make out a writ called a _non omittas_, directed to the -sheriff, and upon that writ the sheriffs officers may, upon the sheriffs -warrant made out thereon, enter and execute the warrant within such -liberty. _1 Instructor Clericalis._ 44. - -And _Note_, The usual practice in such case is if the defendant dwells in -the country, to send down a _non omittas_ with the _latitat_ for -dispatch. _Ib._ - - -SCAC. E. 1725. - -_L. Digby_ v. _Meech_ et al. - -Bill to establish plaintiffs right to the manor, &c. of Sherborn -Castleton in the county of Dorset, to Greenwax fines, &c., and also -poundage fees on executions and _Retorna Brevium_, &c. by virtue of a -grant 14 Jac. 1. The bill was brought against three succeeding sheriffs -of the county, and Templeman, who had been the undersheriff for three or -four years, and as to him to have an account of what poundage fees, &c. -he had received within the liberty: the title set forth by plaintiff was, -that King James I. granted to Sir John Digby (after earl of Bristol), -from him they descended to George, from him to John earl of Bristol, _and -on his death vested in plaintiff_. - -It was objected at the hearing that here was not a sufficient title set -forth, it not appearing how the premises vested in plaintiff, whether by -descent, settlement, or how. - -And _per tot' cur'_ the bill ought to be dismissed for that reason; the -bill being to establish a right, as well as for an account; and upon this -the cause went off, but plaintiff had liberty to amend his bill. -_Hanbury_, 195. - - [18] In the Kings Bench the sheriff returned _Mand' ballivo' Libertatis - de D._ and it was said that he hath not such a franchise, and if it be - inrolled in the chancery that A. hath _retorna brevium_, yet if it be - not inrolled in the exchequer, as the statute of _W. 2. c. 39._ and if - the sheriff return other liberty he shall be punished as a disinheritor - of the Crown by such statute, and the justices may send _certiorari_ out - of chancery to the treasurer, that he bring the roll of liberties in his - hand, and shew it to the justices. _11 E. 4. 4._ _Br. Retorne de - briefe._ 98. - - This Roll of Liberties is supposed to be lost; at least the clerks of - the _Treasurers Remembrancers office_, on inquiry there, could give no - account of it; any more than the bag-bearer of the _Kings_ could of the - "little booke," mentioned by Powell to be in the _Kings Remembrancers - office_, "intituled, _Liber de Ball. pro Angl._ of all the bailiwicks - throughout England," which he calls "an ancient booke, made _Anno_ 1180." - - _Per Curiam_, where the bailiff makes insufficient return, the sheriff - may return _quod nullum dedit responsum_, for an insufficient return is - as no return; and in _præcipe_ against two, the bailiff returns the one - summoned and the other not, this is no answer, and if the sheriff return - this, he shall be amerceo, but by _Vavisour_ if the bailiff make dubious - return and the sheriff return it over he shall not be amerced, _quære_. - _5 H. 7. 27._ _Br. Retorne de briefe._ 89. - - In _Præcipe quod reddat_, to the grand capias the sheriff returned _quod - mandavi ballivo, libertatis_, who returns that he hath taken the land - into the hands of the King, and says nothing that he hath summoned the - tenant. _Martin_, another summons with _non omittas_ shall be awarded, - and the sheriff shall not be amerced, for the bailiff hath not served - the writ; for as much as he had in commandment to do two things, and he - has done but one; and so it is as if he had said nothing either of one - or the other. _Babb_, a _non omittas_ shall not be awarded but where the - bailiff hath not given any return, but here he hath given a return which - is not sufficient, and for this he shall be amerced. _T. 4 H. 6. - [25.]_ _Fitz. Amercement._ 1. - - In trespass the sheriff returned the _Capias quod mandavit Ballivo - Libertatis, qui sic respondit quod cepit corpus_; but the bailiff does - not bring in the body; but the defendant would have answered by - attorney, and was not received. And the plaintiff prayed _Sicut alias_ - to the sheriff, and _non omittas_. And for that the writ was served he - could have nothing but a writ to the sheriff to distrain the bailiff to - send the body, &c. _27 E. 3. 7._ - - [19] This _nihil_ is to be understood, not only where nothing at all is - done, but also where the bailiff of the liberty maketh an insufficient - return, for that is _nihil_ in law, and therefore a _non omittas_, &c. - _2 Inst._ 452. - - [20] (1.) The King may have liberties by the suppression of abbeys (_32 - H. 8._) or by other means. And a liberty shall not be intended to be - extinct, unless it be so shewn, but shall be said to be still in _esse_. - _Cro. Jac._ 242. - - When the King grants any privileges, liberties, franchises, &c. which - were privileges, liberties, or franchises in his own hands as parcel of - the flowers of his crown, as _bona et catalla felonum fugitivorum - utlagatorum_ &c. _bona et catalla waviata, extrahur; deodanda, wreccum - maris_, &c. within such possessions, there if they come again to the - King, they are merged in the crown, and he has them again in _Jure - Coronæ_; and if the wreck, or goods waifed, estrays, &c. were appendant - before to possessions, now the appendancy is extinct, and the King is - seised of them in _Jure Coronæ_. But when a privilege, liberty, - franchise or jurisdiction was at the beginning erected and created by - the King, and was not any such flower before in the garland of the - crown, there, by the accession of them again to the crown they are not - extinct nor the appendancy of them severed from the possessions; as if a - fair, market, hundred, leet, park, warren, _et similia_, are appendants - to manors, or in gross, and afterwards they come back to the King, they - remain as they were before, in _esse_, not merged in the crown, for they - were at first created and newly erected by the King, and were not in - _esse_ before, and time and usage have made them appendant. _9 Rep. 25, - h._ - - [21] Writ issued to the sheriff to enquire of waste, who returned _quod - mandavi ballivo libertatis qui mihi nullum dedit responsum_, and for - this he was amerced, and _sicut alias_ awarded, because by the writ he - is judge and hath power to enter the franchise. _T. 11 H. 4. (81.)_ - _Fitz. Retourne del vicount._ 53. But - - Note, that sometimes the sheriff is judge, as in redisseisin, waste, and - admeasurement, and the process shall be served by the baily as is said. - _Diversite des Courts._ _Court Baron._ - - _Ejectione Custodiæ_ [under _W. 2. c. 35._], at the distress with - proclamation the sheriff returned _mandavi ballivo libertatis_, &c.; and - by _Thirning_ and _Markham_, the sheriff shall be amerced, for the - proclamation is to be made by the sheriff by the statute. Therefore - because the distress with proclamation is a thing entire, he ought to - have entered the franchise and served the whole writ himself: and - _Rikhill_ and _Tirwit e contra_ and that he did well, as in a _præcipe - quod reddat_ of land, part in guildable, and part in franchise, the - sheriff shall make precept for parcel, and shall serve the rest himself. - _2 H. 4. 1._ _Br. Ejectione Custodie._ 1. - - If a distress with a proclamation be granted, and the defendant hath - nothing but within a franchise, the sheriff shall make proclamations in - the county, and the baily of the liberty shall distrain him. _2 Inst._ - 442. - - Where the issue is of land part gildable and part in franchise, the - panel shall be returned part by the sheriff and part by the bailiff of - the franchise, and they may join [in the return]; and the distress - [shall be] by the sheriff only if the bailiff be slack. _19 H. 6. 48_, - _67_. _Br. Retorne de briefe._ 50. - - If assise be brought of tenements in two franchises the sheriff shall - write to each bailiff, and both shall serve. _Abr. Ass._ 92, _b._ - - Assise was brought of tenements in two vills, one vill was within the - franchise and the other in gildable, and the bailiff of franchise made - the panel, and for this it was challenged; for those of a franchise - cannot have the view by commandment of bailiff of land out of the - franchise, &c. And so the court thought. _H. 18. E. 3._ _quære_, how - the writ shall be served? It seems that the writ shall abate, and that - he shall be put to several writs, and namely where he may sever the - thing, &c. for otherwise it will follow that the bailiff of the - franchise shall never serve a writ, for a man may always put in the - writ, part of the land gildable, &c. _quære_. _Abr. Ass._ 93. - - [22] He is not servant to the sheriff, nor is any way subject to him - (having as good authority in his office, and being as ancient an officer - as himself). - - Upon an issue the sheriff returned to the _Venire Facias_, and to the - distress, as to 4 jurors he returned the writ served, and as to the - remainder he returned _mandavi ballivo de B. qui nullum_, &c. Fortescue - prayed that the sheriff should be amerced, for no writ may be returned - by two ministers _s._ part by the sheriff and part by the bailiff. - Newton, _e contra_. And afterwards, by advice of all the justices, the - sheriff was amerced. _H 19 H. 6._ _Abr. Ass._ 144. 145. - - It was assigned for error that in assize it appeared by the return of - the sheriff, that he had found pledges before himself, and the bailiff - of the franchise, to whom the return belonged, served all the rest of - the writ; and the return adjudged good. _21 H. 7. 14._ - - [23] _H._ 49 _E._ 3. _B. R. Rot._ 4. _Linc._ proces _per_ attachement - _per billam versus vicecomitem_ directed _al coroner_ for the disturbing - a lord of a liberty. L. C. J. Hales Discourse concerning the Courts of - K. B. and C. P. (Hargraves Tracts, vol. i. p. 363.) - - [24] In the _Auctarium Additamentorum_ to Watts's edition of Matthew - Paris is a warrant from the sheriff of Essex and Hertford to the - bailiffs of the liberty of St. Albans, reciting a writ to the sheriff to - summon the knights and freeholders of the said counties, &c. to be - before the Kings commissioner with an express _non omittas_ in case of - the default of the bailiffs of liberties; which proves that the writ for - the King was not at that time (37 H. 3.) a _non omittas_ of itself. - - [25] It seems that the sheriff ought to take notice of such a liberty at - his peril, without the party shewing his grant to him but merely upon - his saying that he hath one, because it is a matter of record. _1 Roll - R._ 119. _Town of Derby_ v. _Foxley_. - - [26] Rule to shew cause why a writ of _non omittas capias ad - respondendum_, should not be quashed, discharged. The objection to the - writ was, that it recited a mandate to have been issued forth by the - sheriff to the bailiff of a liberty without naming what liberty, but - leaving a blank for the same. The court held the objection to be valid, - and that the proper way to take advantage of the defect is by motion; - but it appearing that bail was put in to this writ before a judge, the - objection now comes too late. _Barnes._ 416. - - [27] Where the sheriff serves the process once of a thing local or - permanent, as in _Præcipe_ of land and such like, he cannot after return - _mandavi ballivo_; but _e contra_ of a thing transitory which may - remove. _5 H. 7. 27._ _Br. Ret. de briefe._ 89. - - Thus in _Alias Summons_ in Dower the sheriff can't return _mandavi - ballivo_, for he ought to have made this return upon the first writ, - that so the court might have awarded a _non omittas_; but if it relates - to matters transitory, then the sheriff may return _mandavi ballivo_ on - the issuing of the second process, as on an _alias capias_, for the body - might be in the liberty on the issuing of the second process, though it - was in the guildable in the first; and therefore the return of the first - process does not conclude him from returning the liberty to the second - process. _Gilb. Hist. C. P._ 26. - - [28] _Urlin_ moved to stay proceedings, the process being served within - the franchise of Bury St. Edmonds, and not by the proper officer, - contrary to the late act of parliament. _Per Cur'_: The act only - preserves and saves the jurisdiction of particular liberties. The person - injured must bring his action, the court cannot stay proceedings. - _Barns._ 404. - - [29] How far such a practice is consistent with the rights of the lord - of the liberty or with the law of the land (and particularly with the - act just above recited) is submitted to those whose duty it is to - support both. - - In Yorkshire it is usual for the sheriff to direct the warrant as well - to the bailiff of the liberty as to one or more of his own bailiffs, who - may take defendant if found _extra libertatem_. This method is - unobjectionable, it prevents delay and answers all the purposes of a - _non omittas_. - - - - -BOOK II. - -Of the BAILIFF of a FRANCHISE or LIBERTY. - - - - -CHAPTER I. - -OF HIS QUALITY. - - -The bailiff of a franchise or liberty is he who in a free place, or -portion of a county, taken away from the power of the sheriff, executes -the business of the sheriff. _Spelman._ - -[Sidenote: Minister to the King.] - -The bailiff of the franchise is not minister to the sheriff but to the -King. _8 E. 4. 17._ - -[Sidenote: Officer _per se_.] - -The bailiff of a franchise is an officer by himself, and hath not to do -with the sheriff. _21 H. 7. 23._ - -The bailiff of a liberty is not servant to the sheriff, for the sheriff -cannot make other return but according to that which the bailiff of the -liberty certifies him. _Keilwey_, 89. - -[Sidenote: Kings bailiff.] - -The Kings bailiff of his manor is immediate officer to the King. _33 H. -6. 29._ - -The bailiff of a liberty is such an officer as the court will take notice -of. _Pasch. 24 Car. B. R. Q. S. P. R._ 122. - - - - -CHAPTER II. - -OF HIS CREATION OR APPOINTMENT, AND INTEREST IN HIS OFFICE - - -[Sidenote: Parol, patent or inheritance.] - -One may be bailiff by a simple grant [i. e. by parol] or patent or -inheritance. _H. 33 H. 6. [3.]_ _Fitz. Monstrauns de faitz, &c._ 93. - -[Sidenote: Bailiff of the King.] - -A man may be bailiff of the King without patent or writing. _7 H. 7. 10._ -_Br. Bailie. 46 & v. 2 & 9._ - -A man may be made bailiff to the King by naked matter of fact as well as -to a common person. _Keilwey_, 174, b. - -If the King make one his bailiff of his manor, to which manor waif, stray -and leet are appendant, by patent, in this case the bailiff shall have -the waif, stray and leet, because he occupies in right of the King, and -he shall account to the King; and therefore this is an advantage of the -King, for which reason the bailiff shall have all. _8 H. 7. 3._ - -[Sidenote: Corporation.] - -Corporation having return of writs may make bailiff (to execute them) -without writing, by parol. _Moor_, 552. - -[Sidenote: Bailiff for life.] - -But a man may not make bailiff or steward for life, or in fee, without -deed. _21 H. 7. 36._ - -[Sidenote: Discharge by purchaser.] - -Bailiff of a manor[30] for life, with fee or other profits for the -execution of his office, cannot be discharged by a purchaser of the manor -(_contra_ if no fee or profit). _Cro. Eliz._ 859. - - [30] Whatever is said of the bailiff of a manor is in general applicable - to the bailiff of a liberty, every liberty being likewise a manor; - though every manor be not a liberty. - - - - -CHAPTER III. - -OF HIS QUALIFICATION. - - -[Sidenote: Sufficient land.] - -By _4 E. 3. c. 9._, no sheriff, bailiff of hundred, wapentake, or -franchise, shall be henceforth if they have not land sufficient in the -places where they are ministers whereof to answer the King and his -people, in case any man will complain against them. Re-enacted by _5 E. -3. c. 4._ - -[Sidenote: Oaths.] - -By _27 Eliz. c. 12._ § 2., all persons that shall be admitted to or take -upon them the executing of the office of an undersheriff, before he -intermeddle with the use or exercise of the said office, shall receive -and take a corporal oath upon the Holy Evangelists, before the justices -of assise, or one of them, of the same circuit wherein that county is -whereof he shall be undersheriff, or before the _Custos Rotulorum_, or -two justices of the peace whereof one to be of the _quorum_ of the said -county, for and concerning the supremacy, in such manner and form as that -oath is expressed and declared in one act of parliament made and ordained -in the first year of the reign of our Sovereign Lady the Queen's -Majesty[31], together with which oath he shall in like sort, before the -same person or persons, receive and take another corporal oath as -followeth, (that is to say) I _A. B._ shall not use or exercise the -office of undersheriff corruptly during the time that I shall remain -therein, neither shall or will accept, receive or take, by any colour, -means or device whatsoever, or consent to the taking any manner of fee or -reward of any person or persons for the impanelling or returning of any -inquest, jury or _tales_, in any court of record for the Queen, or -betwixt 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 realm, but will, according to my power, truly and -indifferently, with convenient speed, impanel 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. - -By § 4., every bailiff of franchises, deputy and clerk of every sheriff -and undersheriff, and every other person and persons which shall have -authority, or take upon him to impanel or return any inquest, jury or -_tales_, or to intermeddle with execution of process in any court of -record, shall before he or they intermeddle with any further execution -thereof, receive and take the oaths 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 town corporate), changing only -the words (the office of the undersheriff) 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 limited to take the oath -aforesaid, do take upon him to impanel or return any inquest, jury or -_tales_, or to intermeddle with the execution of process not having -before taken the oaths aforesaid, every [such] person shall lose and -forfeit the sum of forty pounds of current English money, the one moiety -to be to the use of our Sovereign Lady the Queen, the other to him or -them that will sue for the same. - - [31] By _1 W. and M. stat. 1. c. 8._, the oath of supremacy is taken - away, and certain other oaths substituted in lieu thereof. - - - - -CHAPTER IV. - -OF HIS POWER AND CAPACITY; _i. e._ WHAT HE MAY OR MAY NOT DO OR BE. - - -[Sidenote: Steward.] - -A bailiff may be steward of the same manor; for they may well stand both -together. (_29 H. 8._ in _Bro._) _Cro. Jac._ 178. - -[Sidenote: Deputy.] - -Bailiff of a liberty may well have a deputy. _Cro. Jac._ 242.[32] - -[Sidenote: Lease of land.] - -Bailiff of lord may lease the land, and good, at will, for he is -accountable, and debt lies for the lord. _2 E. 4. 4._ _Br. Bailie_, 32. -_Lease_, 34. - -[Sidenote: Rent.] - -But if he reserve no rent the lease is void. _1 Roll. Rep._ 258. - -[Sidenote: Lease of piscary.] - -Bailiff of a manor may lease the piscary for years. _3 H. 4 12b._ _1 Roll -Abr._ 339. - -[Sidenote: Lease of manor.] - -Bailiff cannot make lease of the manor, nor of parcel of the manor, -without especial command for that purpose. _M. 8 E. 4. 13._ _Fitz. -Bayllyff._ 3. _Br. Bailie_, 41. - -[Sidenote: Lease of land.] - -A bailiff cannot by any usage make lease of the land of his master [for] -an estate of freehold. _19 Ass._ 9. _1 Roll. Abr._ 339. - -[Sidenote: Payments.] - -Bailiff of a manor may pay rents issuing out of the manor, and shall have -allowance, but _e contra_ where he pays debts of the lord due by contract -or obligation, for this is out of his power. _4 H. 7. 14._ _Br. Bailie._ -27. - -[Sidenote: Cutting trees, &c.] - -Bailiff may justify cutting the great trees for repair of a house, or the -covering of it as it was before, but not with more costly covering, and -the same law is of amending pale, hedge, or such like, without command of -his lord; but he cannot cover with tile what was before thatch, nor make -new house, nor make pale where hedge was before, unless by special -commandment of his master. _12 H. 7. 25._ _Br. Baillie_, 42. & _vide -plenius Trespas._ 288. - -[Sidenote: Licence to walk over ground.] - -A bailiff may give licence to another to walk over the ground, for this -is a trespass to the possession only, and the bailiff hath the -disposition of the profits of the possession. (_dub._) _1 Roll. Abr._ 339. - -[Sidenote: Damage feasant.] - -A bailiff of a manor may himself or command another to take beasts -_damage feasant_ on the land, for he hath the care of all things within -the manor. _1 Roll. Abr._ 339. - -[Sidenote: General acts.] - -He may do any thing for his masters benefit, but not to his prejudice -without his assent. _Cro. Jac._ 178. - -And therefore he cannot give seisin of rent, nor exchange the lords land. -(_41 E. 3. 26_) _Cro. Jac._ 178. - -[Sidenote: Distress for amerciament.] - -Bailiff without special warrant from the steward cannot distrain for -amerciament in a leet. _Moore_, 607. 574. - -_Popham_ said, that defendant as bailiff of the manor cannot distrain for -amerciament by reason of his office without an especial warrant from the -steward or lord, no more than a sheriff may levy amerciaments of _B. R._ -without warrant. But _Gawdy_, _e contra_, that he may distrain for lawful -amerciaments by reason of the office. _Cro. Eliz._ 698. - -Bailiff cannot distrain _ex officio_ for amerciaments. _Cro. Eliz._ 748. - -Bailiff cannot distrain for amerciament by command of the lord of the -manor, nor otherwise than by virtue of a precept directed to him by the -steward of the court. _Carth._ 75.[33] - -[Sidenote: Arrest.] - -Bailiff of a franchise which hath _Retorna Brevium_ cannot arrest a man -without warrant to him made by the sheriff upon the writ in his hands. -_Keilwey_, 86 _b._[34] - -[Sidenote: Delivery of prisoner.] - -Bailiff of a liberty may deliver his prisoner to the sheriff without more -circumstance; as he may be discharged by his parol from keeping him any -longer. _Cro. Car._ 447.[35] - -[Sidenote: Process.] - -Bailiff of a franchise cannot execute a process within his franchise, but -by the precept of the sheriff. _29 E. 3. 42._ _Coron._ 462. _2 Hale P. -C._ 68.[36] - -[Sidenote: Writ of inquiry.] - -Case, judgement by _nil dicit_, writ of inquiry of damages to the sheriff -of Norfolk, who returns a _mandavi ballivo_, and sets down an inquisition -before bailiff and 40l. damages. Upon writ of error, agreed by all the -judges that the return was insufficient, for it was apparently untrue, -and against law, because the warrant was directed to the sheriff himself -to be executed in any part of the shire, and no venue contained in this -inquest of office, as there is in other writs which intitles the bailiffs -of liberties. But yet the court would not reverse the judgement, because -there were divers of the like both in the K. B. and C. P. especially in -Suffolk and Norfolk in later times. _Hobart._ 83. - -[Sidenote: _Elegit._] - -Bailiff of a liberty may make an inquisition and extent upon an _Elegit_ -by warrant from the sheriff, and shall deliver the moiety, and not the -jury. _Cro. Car._ 319. - -[Sidenote: Bail-bond.] - -Bailiff of a franchise [under _23 H. 6. c. 9._] has power to take a bail -bond, and must take it to himself, and by the name of his office. -_Comyns._ 380. - -Bailiff of a franchise may take bond in sheriffs name. _3 Keble_, 71. -117. 125. - -[Sidenote: Waiver of franchise.] - -Baily of hundred[37] may waive his franchise and arrest as sheriffs -baily[38]. _3 Keble_, 71. - -[Sidenote: Capias against two.] - -Capias or distress against two, sheriff may serve as to one and bailiff -as to the other. _31 H. 6. 13._ - -Where process issues, and the sheriff or bailiff is plaintiff, yet he may -serve the process; and the sheriff is not bound to take conusance if the -bailiff be plaintiff or not, for it may be another of the same name. _36 -H. 6. 1._ _Br. Retorne de Briefe._ 65.[39] - -By _2 E. 3. c. 3._ Lords of franchises, and their bailiffs in the same, -shall have power to execute this act; which prohibits all men, except the -Kings servants in his presence, and his ministers in executing his -precepts, &c. from coming before the Kings justices, or other the Kings -ministers doing their office, with force and arms, or bringing force in -affray of the peace, or going or riding armed by night or by day in -fairs, markets, or in the presence of the justices or other ministers, or -in any part elsewhere, upon pain to forfeit their armour to the King, and -their bodies to prison to the Kings pleasure. - -[Sidenote: Attorney.] - -By _4 H. 4. c. 19._, no steward, bailiff or minister of lords of -franchises which have return of writ shall be attorney in any plea within -the franchise or bailiwick whereof he is such officer or minister. - - [32] And such deputy it should seem ought to be made by writing (_9 - Rep._ 51, b.). Though it is said _21 H. 7. 37._ that the sheriff or a - steward may make deputy without deed. - - [33] It is an old rule of the duchy court that the bailiffs of the - liberties of the duchy may distrain for fines and amerciaments for the - King, and keep the same fifteen days, and if the party distrained refuse - to pay his fine or amerciament, then the bailiff may sell the same, - unless the party distrained will enter into bond to pay the said fine or - amerciament at a day prefixed in the duchy court, or else shew good - cause; but in this case there is no replevy to be granted against the - King. And all this it seemeth the bailiff shall do _ex officio_. The - fines and amerciaments within the liberties of the duchy are, however, - usually levyed by writ of _levari facias & capias_ out of the duchy - court. And, - - By Keble, precept to bailiff by nude parol is as effectual in court - _Baron_ as by writing, because the trial shall be all _per pais_ and not - by the record: for all is but matter _in fait_. _Quod fuit concessum._ - _16 H. 7. 14._ - - [34] _Per_ Levinz serjeant. In fact the sheriffs make no warrants to the - bailiffs of liberties, but they only send the writ to them; and they - execute it upon some general warrant, which they have from the sheriffs - to execute all writs according to the agreement between the sheriffs and - bailiffs. But (_per curiam_) this general warrant serves for a warrant - to every particular case, for there must be a warrant in writing, - because a command by parol to the bailiff of a liberty is not - sufficient, _1 L. Ray._ 190. _Hammon_ v. _Jermyn_. - - _N. B._ This assertion of the learned serjeant, though founded it is - possible on some instance within his knowledge, can never be understood - as true with respect to general practice. - - [35] Bailiff of a liberty arrested the party, and delivered him to the - sheriffs deputy, from whom he was rescued, and judgement for the - plaintiff. _Burgh_ v. _Appleton, Sheriff of Essex_, cited _Cro. Jac._ 242. - See the Pleadings _Declarations in the Upper Bench_, 50. See also c. vi, - (pl. 1.) c. ix (fo. 50.) - - But in _Boothman_ v. _Earl of Surry_, _T. 27 G. 3. B. R._ Defendant - being bailiff of the liberty of Hallamshire, in the county of York took - his prisoner to York jail and there delivered him into the custody of - the sheriff, and upon action of debt brought against him for an escape, - judgement for the plaintiff. _N. B._ Neither of the cases in Croke was - cited by defendants council. - - [36] In the _Register_ are divers examples of original writs directed to - bailiffs of liberties: as for instance; writs of right patent, writs _de - warrantia diei_, writs of trespass, writs of _supersedens_, writs _de - cartis reddendis_, writs _de attornato pro custode_, writs _de attornato - pro secta facienda_, writs _de statuto_: The duchy court constantly - issues writs of _levari facias_ to bailiffs of the duchy liberties; in - all these cases the bailiff is immediate officer to the court, and hath - nothing to do with the sheriff, contrary to the argument in _Skin._ 413, - and _vide_ _F. N. B._ _passim_. - - [37] This must be understood of a hundred in fee with _retorna brevium_ - in the hands of a private person, of which there are several instances; - every other bailiff of hundred being a mere servant to the sheriff. And - note, that, where a man is _bailiff of fee_ in a county (_i. e._ a - bailiff itinerant, who hath the execution only of writs within the - county or hundred in fee) the sheriff shall not write to him as to - _bailiff of franchise_, and for his act _non omittas_ shall not issue, - nor shall he make mention of him in his return. _27 Ass._ p. 65. _Br. - Retorne de briefe_, 69. - - [38] The sheriff of a county made a warrant _ballivis suis_ to arrest - the body of such a man, and the bailiffs of the liberty return a - rescous; and exception was taken to it, because the warrant was - _ballivis suis_, and the return was made by those who were not his - bailiffs; and it was adjudged good, for the liberty might be within his - bailiwick, and so are all the precedents. _March._ 25. - - [39] But the defendant himself shall never take advantage of a liberty, - as if the bailiff of a liberty be defendant in any action, and process - of _Cap'_ or _Feri Fiac'_ comes to the sheriff against him, the sheriff - shall execute the process against him; for a liberty is always for the - benefit of a stranger to the action. _5 Rep._ 92. - - - - -CHAPTER V. - -OF HIS DUTY _i. e._ WHAT HE MUST OR SHALL DO OR NOT DO. - - -[Sidenote: Return of precept.] - -Baily of a liberty must return his precept [to the sheriff]. _2 Keble_, -838. - -Where the sheriff returned capias _quod mandavi ballivo de D. qui -respondit quod cepit corpus, &c._ and hath not the body at the day, the -bailiff is bound to bring in the body, and not the sheriff, by _Hill_; -but by _Hank_ he ought to deliver it to the sheriff, and he to bring it -in as officer immediate, as upon _fieri facias_ the sheriff commands the -bailiff to levy the money, he delivers it to the sheriff, so that the -sheriff may have it at the day: _contra_ _Thirn_, and agreed with _Hill_. -_11 H. 4. 48_ _Br. Retorne de Briefe_, 35[40]. - -[Sidenote: Bail.] - -By _W. 1. (3 E. 1.) c. 15._, such as be indicted of larceny, by inquests -taken before sheriffs or bailiffs by their office, or of light suspicion, -or for petty larceny which amounteth not above the value of 12d. if they -be not guilty of other larceny before that time, or guilty of the receit -of felons or of commandment or of force, or of aid of felony done, or -guilty of some other trespass for which a man ought not to lose life or -member, and a man appealed by the prover after the death of the prover, -if they be not known common thieves, shall be let out by sufficient -surety, whereof the sheriff will be answerable. And if sheriffs or others -let go upon surety any that is not replevisable, if he be sheriff, -constable, or other bailiff of fee, and who hath keeping of prisons, and -thereof be attainted, he shall lose his fee and bailiwick for ever. And -if undersheriff, &c. do it contrary to the will of his lord, he shall be -imprisoned three years, and be fined at the Kings pleasure. And if any -withhold prisoners replevisable after the prisoner hath offered -sufficient surety he shall be in the grievous mercy of the King; and if -he take reward for delivering him he shall render double to the prisoner, -and moreover shall be in the grievous mercy of the King. - -By _23 H. 6. c. 9._ Sheriffs, undersheriffs, bailiffs of franchises, &c. -shall let out of prison all manner of persons by them arrested or being -in their custody by force of any writ, bill or warrant in any action -personal, or by cause of indictment of trespass, upon reasonable sureties -of sufficient persons, having sufficient within the counties where such -persons be so let to bail or mainprise, to keep their days in such place -as the said writs, bills or warrants shall require: Such person or -persons which shall be in their ward by condemnation, execution, capias -_utlagat'_ or _excommunicatum_, surety of the peace, and all such persons -which shall be committed to ward by special commandment of any justice, -and vagabonds refusing to serve according to the form of the statute of -labourers, only except. And that no sheriff, nor any of the officers or -ministers aforesaid shall take or cause to be taken, or make any -obligation for any cause aforesaid, or by colour of their office, but -only to themselves, of any person, nor for any person which shall be in -their ward by the course of the law, but by the name of their office, and -upon condition written, that the said prisoners shall appear at the day -contained in the said writ, bill or warrant, and in such places as the -said writ, bill or warrant shall require. And if any of the said -sheriffs, or other officers or ministers aforesaid, take any obligation -in other form by colour of their offices, that it shall be void; and that -he shall take no more for the making of any such obligation but 4d. -(penalty, treble damages to the party grieved and 40l. half to the King -and half to the party suing.) And justices of assises, of the bench and -of the peace, to enquire, hear and determine, &c. - -By _13 C. 2. st. 2. c. 2._ § 2., no person or persons who shall happen to -be arrested by any sheriff, undersheriff, coroner, steward, or bailiff of -any franchise or liberty, &c. by force or colour of any writ, bill or -process issuing out of his majestys courts of the Kings Bench and Common -Pleas, or either of them, in which said writ, bill or process, the -certainty and true cause of action is not expressed particularly, and for -which the defendant or defendants in such writ, bill or process named, is -and are bailable by the statute in that behalf made in the three and -twentieth year of the reign of the late King Henry the Sixth, shall be -forced or compelled to give security, or to enter into bond with -sureties, for the appearances of such person or persons so arrested, at -the day and place in the said writ, bill or process specifyed or -contained in any penalty or sum or sums of money exceeding the sum of -forty pounds to be conditioned for such appearances; and all sheriffs and -other officers and ministers aforesaid, shall let to bail and deliver out -of prison, and from their and every of their custodies respectively, all -and every person and persons whatsoever, by them or any of them arrested -upon any such writ, bill or process wherein the certainty and true cause -of action is not particularly expressed, upon security in the sum of -forty pounds and no more, given for appearance of such person or persons -so arrested unto the said sheriff or officer aforesaid, according to the -said statute in the said three and twentieth year of the reign of the -said late King Henry the Sixth in that behalf made and provided. - -[Sidenote: Treatment of person arrested.] - -By _32 G. 2. c. 28._ § 1., no sheriff, undersheriff, bailiff, serjeant at -mace, or other officer or minister whatsoever, shall convey or carry, or -cause to be conveyed or carried any person or persons by him or them -arrested, or being in his or their custody by virtue or colour of any -action, writ, process or attachment to any tavern, alehouse or other -public victualling or drinking house, or to the private house of any such -officer or minister, or of any tenant or relation of his, without the -free and voluntary consent of the person or persons so arrested or in -custody; nor charge any such person or persons with any sum of money for -any wine, beer, ale, victuals, tobacco or any other liquor or things -whatsoever, save what he, she or they shall call for, of his, her or -their own free accord; nor shall cause or procure him, her or them to -call or pay for any such liquor or things, except what he, she or they -shall particularly and freely ask for; nor shall demand, take or receive, -or cause to be demanded, taken or received directly or indirectly, any -other or greater sum or sums of money than is or shall be by law allowed -to be taken or demanded for any arrest or taking, or for detaining or -waiting till the person or persons so arrested or in custody shall have -given an appearance or bail, as the case shall require, or agreed with -the person or persons at whose suit or prosecution he, she or they shall -be taken or arrested, or until he, she or they shall be sent to the -proper gaol belonging to the county, riding, division, city, town or -place where such arrest or taking shall be; nor shall exact or take any -reward, gratuity or money for keeping the person or persons so arrested -or in custody out of the gaol or prison; nor shall carry any such person -to any gaol or prison within four and twenty hours from the time of such -arrest, unless such person or persons so arrested shall refuse to be -carried to some safe and convenient dwelling-house of his, her or their -own nomination or appointment within a city, borough, corporation or -market-town, in case such person or persons shall be there arrested; or -within three miles from the place where such arrest shall be made, if the -same shall be not the house of the person arrested, and be within the -county, riding, division or liberty in which the person under arrest was -arrested; and then and in any such case, it shall be lawful to and for -any such sheriff or other officer or minister to convey or carry the -person or persons so arrested and refusing to be carried to such safe and -convenient dwelling-house as aforesaid, to such gaol or prison as he, she -or they may be sent to by virtue of the action, writ or process against -him, her or them. - -[Sidenote: Expences of persons arrested.] - -By § 2., no sheriff, undersheriff, bailiff, serjeant at mace, or other -officer or person, shall at any time or times hereafter take or receive -any other or greater sum or sums for one or more nights lodging, or for a -days diet, or other expences of any person or persons under arrest, on -any writ, action, attachment, or process other than what shall be allowed -as reasonable in such cases by some order or orders made by the justices -of the peace at some general or quarter-sessions which shall be held for -the county, riding, division, city, town or place where such arrest or -taking shall be. - -[Sidenote: Printed copy of clauses.] - -By § 3., every sheriff, undersheriff, and bailiff of any liberty, &c. -shall deliver a printed copy of the several clauses contained in this act -relating to bailiffs, serjeants and other officers and persons who shall -be employed under them respectively to execute any writ, process or -attachment, or who shall arrest any person on any action which shall be -entered or otherwise within their respective sheriffwicks or -jurisdictions, to every such bailiff, serjeant, officer, and other -person, and shall make it part of the condition of every security or bond -which shall be given or made to any such sheriff or undersheriff, or -bailiff of any liberty, by any bailiff, serjeant at mace, or other -officer or person who shall be employed or intrusted to execute any such -writ or process as aforesaid under him, them or any of them, that every -such bailiff, serjeant at mace, or officer and other person respectively, -shall and will shew and deliver a copy of the said clauses to every -person he shall arrest by virtue of any process, action, writ or -attachment, or under any warrant made out thereon, and carry or go with -to any public or other house where any liquor shall be sold, and also -shall and will permit every such person who shall be so arrested, or any -friend of him or her to read over the same clauses, before any liquor, -meat or victuals shall be at any such public or other house called for or -brought to any such person who shall be so under arrest there; and in -case any bailiff, serjeant at mace, or other officer or person shall in -any respect offend in the premises, every such offence besides the breach -of the condition of every such security bond, shall be accounted and -deemed a misdemeanor in the execution of the process or action on which -any such person was arrested, and shall be punishable as such by virtue -of this act. - -[Sidenote: Privilege of persons arrested in sending for necessaries.] - -By § 4., every sheriff, undersheriff, bailiff of any liberty, gaoler and -keeper of any prison or gaol, and other person and persons, to whose -custody or keeping any one shall be arrested, taken, committed or charged -in execution, by virtue of any writ, process, or action, or attachment, -shall permit and suffer every such person and persons, during his, her -and their respective continuance under arrest or in custody or in -execution for any debt, damages, costs or contempt, at his, her and their -free will and pleasure, to send for or have brought to him, her or them, -at seasonable times in the day-time, any beer, ale, victuals or other -necessary food, from what place he, she or they shall think fit, or can -have the same; and also to have and use such bedding, linen or other -necessary things, as he, she or they shall have occasion for and think -fit, or shall be supplied with during his, her or their continuance under -any such arrest or commitment, without purloining or detaining the same, -or any part thereof, or inforcing or requiring him, her or them to pay -for the having or using thereof, or putting any manner of restraint or -difficulty upon him, her or them, in the using thereof, or relating -thereto; and no such prisoner or prisoners shall pay any thing in respect -thereof to any such sheriff, undersheriff, bailiff of any liberty, -gaoler, keeper, or other person as aforesaid. - -[Sidenote: Certificate of felons.] - -By _3 H. 7. c. 3._ every sheriff, bailiff of franchise, and every other -person having authority or power of keeping of gaol or of prisoners for -felony, shall certify the names of every such prisoner in their keeping, -and of every prisoner to them committed, &c. at the next general -gaol-delivery in every county or franchise where any such gaol or gaols -have been or shall be, there to be kalendered before the justices of the -deliverance of the same gaol, upon pain to forfeit for every default an -hundred shillings. - -[Sidenote: Felons goods.] - -By _1 R. 3. c. 3._ no sheriff, &c. nor bailiff of franchise shall take or -seize the goods of any person arrested or imprisoned for suspicion of -felony before that the same person be convicted or attainted of such -felony according to law, or else the same goods otherwise lawfully -forfeited; upon pain to forfeit double the value of the goods so taken, -to him that is so hurt in that behalf. - -[Sidenote: Return of jurors.] - -By _W. 2. (13 E. 1.) c. 38._ In one assise no more shall be summoned than -four and twenty; and old men, above three score and ten years, being -continually sick, or being diseased at the time of the summons, or not -dwelling in that county, shall not be put in juries or petty assises. Nor -shall any be put in assises or juries though they ought to be taken in -their own county who have less tenement than to the value of twenty -shillings by the year. And if such assises and juries ought to be taken -out of the county, none shall be put in them who hath less tenement than -to the value of forty shillings by the year, those except who are -witnesses in charters or other writings whose presence is necessary, so -long as they are able to travel. Nor ought this statute to be extended to -great assises in which sometimes it behoveth to put knights not resident -in the county by reason of the scarcity of knights, so long as they have -tenement in the county. - -By _21 E. 1. st. 1._ no sheriff, _&c._ stewards or bailiffs of liberties -shall put in any recognisances of juries, inquests, assises, and -attaints, out of their proper counties to be made, any of their -bailiwicks,[41] unless he have lands or tenements to the value of a -hundred shillings by the year at least. - -By the _Articuli super chartas_, _28 E. 1. c. 9._ no sheriff nor bailiff -shall put in inquests nor in juries more people or others, or in other -manner than is ordained by statute and shall put in such inquests and -juries the most near, most sufficient and least suspicious. - -By _42 E. 3. c. 11._ as to the return or answer of bailiffs of franchises -they shall make their answer to the sheriffs six days before their -session upon the pain of 20l. And in all manner of panels arrayed by -sheriffs, or bailiffs within franchise, shall be put the most sufficient -and worthy of faith and not suspected who have the best knowledge of the -truth and [are] the most near. - -By _11 H. 4. c. 9._ no indictment shall be made but by inquest of the -Kings lawful liege people returned by the sheriffs or bailiffs of -franchises, without any denomination to the said sheriffs or bailiffs of -franchises before made by any person of the names which by him should be -impanelled, except it be by the officers of the said sheriffs or bailiffs -sworn and known to make the same.[42] - -By _2 H. 5. st. 1. c. 8._ bailiffs of franchises shall cause to be -impanelled sufficient persons [who have lands, _&c._ to the 'value' of -10l. a year, to inquire of riots before the Kings commissioners] upon -pain to lose to the King 40l. in case such sufficient persons may be -found within the same franchises. - -By _2 H. 5. st. 2. c. 3._ no person shall be admitted to pass in any -inquest upon trial of the death of a man, nor in any inquest betwixt -party and party in plea real nor in plea personal, whereof the debt or -the damage declared amounts to 40 marks, if the same person have not -lands or tenements of the yearly value of 40s. above the reprises thereof. - -By _6 H. 6. c. 2._ bailiffs of franchises shall make their returns or -answer to the sheriffs in special assizes [_i. e._ as to panels between -demandant and tenant] eight days before the session, upon pain of 40l. - -By _8 H. 6. c. 9._ when the justices or justice [of the peace] make -enquiries [of forcible entries], they shall make their warrants and -precepts to the sheriff of the county, commanding him on the Kings behalf -to cause to come before them sufficient and indifferent persons dwelling -about the lands entered, to enquire of such entries, of whom every one -who shall be impanelled to enquire in this behalf shall have land or -tenement of the annual value of 40s. at least above reprises. And that -the sheriff return issues upon every of them at the day of the first -precept returnable 20s. and at the second day 40s. and at the third time -100s. and at every day after double. And if any sheriff or bailiff within -a franchise having return of the Kings writ be slack and make not -execution duly of the said precepts to him directed to make such -enquiries, he shall forfeit to the King 20l. for every default and -moreover shall make fine and ransom to the King. - -By _15 H. 6. c. 5._ no sheriff, bailiff of franchise, or coroner in -actions or writs of attaint of plea of land of the yearly value of 40s. -or more, or action of detinue of deeds concerning lands or tenements of -like value or more, or personal, whereof the judgement of the recovery -shall extend to the sum of 40l. shall return or impanel in any -inquisition or inquest, any persons but such as be inhabiting within his -bailiwick, which have estate of fee simple, fee tail or freehold in lands -and tenements of the yearly value of 20l. or more, nor shall return in -the Kings court less issues in the said action of attaint than 40s. at -the first writ of distress, and 100s. at the second writ of distress, and -the double of every other writ of distress against the persons impaneled -and returned to be sworn in the same actions (upon pain of 10l. to the -King and 10l. to the plaintiffs. Remedy if there be not sufficient men in -the franchise who have lands of the yearly value of 20l.) - -By _23 H. 6. c. 9._ sheriffs, undersheriffs, bailiffs of franchises, nor -any other bailiff, shall return upon any writ or precept to them directed -for returning any inquests or any panels thereupon to be made, any -bailiffs, officers, or servants to any of the officers aforesaid, in any -panel by them to be made; nor shall take any thing by colour of his -office for the making of any return or panel, and for the copy of any -panel but 4d. - -By _27 Eliz. c. 6._ § 1. in all cases where any jurors to be returned for -trial of any issue joined in any of the Queens courts of Kings Bench, -Common Pleas and the Exchequer, or before justices of assise ought to -have estate of freehold in lands, &c. of the clear yearly value of 40s. -the jurors shall every of them have estate of freehold in lands, _&c._ to -the clear yearly value of 4l. at the least, (penalty on sheriff, _&c._ -for returning that cannot dispend so much, 20l.) - -By § 2. upon every first writ of _habeas corpora_ or _distringas_ with a -_nisi prius_ delivered of record to the sheriff or other minister or -ministers to whom the making of the return shall appertain, [such -sheriff, _&c._] shall return in issues upon every person impanelled and -returned upon any such writ at the least 10s. and at the second writ 20s. -at the least, and at the third writ 30s. and upon every writ further -double the issues last afore specified, until a full jury be sworn, or -the process otherwise determined, upon pain of 5l. - -By _27 Eliz. c. 7._ no bailiff of any liberty, nor any his or their -deputy or deputies, shall of himself return any juror, or deliver to the -sheriff, his undersheriff, deputy or deputies, the names of any persons -to be returned upon any panel or jury, without the true addition -certified under his or their hands to the sheriff, of the place of -dwelling or abode of every person so to be returned at the time of the -said return, or within one year next before the said return, or some -other addition by which the party returned may be known. - -By _4 & 5 W. & M. c. 24._ § 15. all jurors (other than strangers upon -trials _per medietatem linguæ_) who are to be returned for trials of -issues joined in any of the courts of Kings Bench, Common Pleas, or -Exchequer, or before justices of assize, or _nisi prius_, _oyer and -terminer_, gaol delivery, or general quarter-sessions of the peace in any -county of the realm, shall have in their own names, or in trust for them -within the same county, ten pounds by the year at least above reprizes, -of freehold or copyhold lands or tenements, or of lands and tenements of -ancient demesne, or in rents, in feesimple, feetail, or for the life of -themselves or some other person; and that upon every writ of _venire -facias_ the sheriff, coroner, and other ministers, unto whom the making -of the panel shall appertain, shall not return in any such panel any -person unless he then have 10l. by the year at least as aforesaid, in the -same county where the issue is to be tried; upon pain to forfeit for -every person, &c. the sum of 5l. - -By § 16. no sheriff or bailiff of any liberty or franchise, or any of -their ministers, shall return any such person or persons as aforesaid, to -have been summoned by them, unless such person and persons shall have -been duly summoned, by the space of six days at least before the day on -which they ought to make their appearance; nor shall directly or -indirectly take money or other reward to excuse the appearance, of any -juror, by any of them to be summoned or returned, upon pain to forfeit -for every such offence the sum of 10l. [Continued by _7 & 8 W. 3. c. 32._ -_9 G. 1. c. 8._ § 2. EXP.] - -By _7 & 8 W. 3. c. 32._ § 4. all constables, tything-men and headboroughs -of towns in each county, or their deputies, shall yearly at the general -quarter-sessions of the peace to be holden for each county, riding or -division, in the week after the feast of St. Michael the arch-angel, upon -the first day of the said sessions, or upon the first day that the said -sessions shall be held by adjournment at any other particular division or -place, return and give a true list in writing of the names and places of -abode of all persons within the respective places for which they serve, -qualifyed to serve upon juries, with their titles and additions, between -the age of one and twenty and the age of 70 years, to the justices of the -peace in open court; which said justices, or any two of them, at the said -sessions, shall cause to be delivered a duplicate of the aforesaid -returned list, by the clerks of the peace of every county or riding, to -the sheriffs or their deputies, on or before the first day of January -next following, and cause the said lists to be fairly entered into a -book, by the clerk of the peace, to be by him provided and kept for that -purpose, amongst the records of the said court of sessions; and no -sheriff shall impanel or return any person or persons to try any of the -issues joined in any of the courts [of K. B. C. P. or E.] or to be or -serve in any jury at the assizes, sessions of _Oyer_ and _Terminer_, gaol -delivery, or sessions of the peace that shall not be named or mentioned -in the said list. - -By § 5. every summons of any person qualifyed to any of the aforesaid -services shall be made by the sheriff, his officer or lawful deputy, six -days before at the least, shewing to every person so summoned the warrant -under the seal of the office wherein they are nominated and appointed to -serve; and in case any juror so to be summoned be absent from the usual -place of his habitation at the time of such summons, notice of such -summons shall be given by leaving a note in writing, under the hand of -such officer, containing the contents thereof, at the dwelling-house of -such juror, with some person there inhabiting the same[43]. [Made -perpetual by _6 G. 2. c. 37._] - -By _4 Ann. c. 16._ § 6. every _Venire facias_ for the trial of any issue -in any action or suit in any of her Majestys courts of record at -Westminster shall be awarded of the body of the proper county where such -issue is triable. But - -By § 7. nothing in this act contained shall extend to any writ, -declaration or suit of appeal of felony or murder, or to any indictment -or presentment of treason, felony or murder or other matter, or to any -process upon any of them or to any writ, bill, action or information upon -any penal statute.[44] - -[Sidenote: View.] - -By § 8. in any actions brought in any of her Majestys courts of record at -Westminster, where it shall appear to the court that it will be proper -and necessary that the jurors who are to try the issues in any such -actions, should have the view of the messuages, lands or place in -question, in order to their better understanding the evidence that will -be given upon the trials of such issues, in every such case the -respective courts in which such actions shall be depending, may order -special writs of _Distringas_ or _Habeas corpora_ to issue, by which the -sheriff or such other officer to whom the said writs shall be directed, -shall be commanded to have six out of the first twelve of the jurors -named in such writs, or some greater number of them, at the place in -question some convenient time before the trial, who then and there shall -have the matters in question shewn to them by two persons in the said -writs named to be appointed by the court; and the said sheriff or other -officer who is to execute the said writs shall by a special Retorn upon -the same, certify that the view hath been had according to the command of -the said writs.[45] - -By _3 G. 2. c. 25._ § 2. duplicates of the lists [made according to _7 & -8 W. 3. c. 32._ _3 & 4 Ann. c. 18._ and this act] when delivered in at -the quarter sessions of the peace, and entered in 'the' book to be kept -by the clerk of the peace for that purpose, shall, during the continuance -of such quarter-sessions, or within ten days after, be delivered or -transmitted by the clerk of the peace to the sheriff of each county, or -his undersheriff, in order for his returning of juries out of the said -lists; and such sheriff or undersheriff shall immediately take care that -the names of the persons contained in such duplicates shall be faithfully -entered alphabetically, with their additions and places of abode, in some -book or books to be kept by him or them for that purpose. - -By § 4. no persons shall be returned as jurors to serve on trials at any -assizes or _nisi prius_, or at the great sessions, or at the sessions for -the counties palatine, who have served within the space of one year -before in the county of Rutland, or four years in the county of York, or -of two years before in any other county, not being a county of a city or -town[46]. - -By § 5. the sheriff, undersheriff, or other officer to whom the return of -juries shall belong, shall from time to time enter or register in a book -to be kept for that purpose, the names of such persons as shall be -summoned, and shall serve as jurors on trials at any assizes or _nisi -prius_; or in the said courts of great sessions or sessions for the -counties palatine, together with their additions and places of abode -alphabetically, and also the times of their services; and every person so -summoned, and attending or serving as aforesaid, shall (upon application -by him made to such sheriff, undersheriff or other officer) have a -certificate testifying such his attendance or service done, which -certificate the said sheriff, _&c._ is to give without fee or reward; and -the said book shall be transmitted by such sheriff, _&c._ to his -successor from time to time. - -By § 6. no sheriff, undersheriff, bailiff or other officer or person -whatsoever shall directly or indirectly take or receive any money or -other reward to excuse any person from serving or being summoned to serve -on juries; and no bailiff or other officer appointed by any sheriff or -undersheriff to summon juries, shall summon any person to serve thereon -other than such whose name is specifyed in a mandate signed by such -sheriff or undersheriff, and directed to such bailiff or other officer. - -By § 8. every sheriff or other officer to whom the return of the _Venire -facias juratores_, or other process for the trial of causes before -justices of assize or _nisi prius_ in any county in England shall belong, -shall, upon his return of every such writ of _Venire facias_ (unless in -causes to be tried at bar, or in case where a special jury shall be -struck by order or rule of court) annex a panel to the said writ, -containing the christian [names] and surnames, additions and places of -abode of a competent number of jurors named in such lists as qualified to -serve on juries, the names of the same persons to be inserted in the -panel annexed to every _venire facias_, for the trial of all issues at -the same assizes in each county; which number of jurors shall not be less -than 48 in any county, nor more than 72, without direction of the judges -appointed to go the circuit and sit as judges of assize or _nisi prius_ -in such county, or one of them. - -By § 18. any person or persons having an estate in possession in land, in -their own right, of the yearly value of 20l. or upwards, over and above -the reserved rent payable thereout, such lands being held by lease or -leases for the absolute term of 500 years or more, or for 99 years or any -other term determinable on one or more life or lives, the names of such -persons shall be inserted in the respective lists as aforesaid, in order -to their being inserted in the freeholders book[47]. - -By § 20. the sheriffs or other officers to whom the returning of juries -doth or shall belong, for any county, city or place, shall not impanel or -return any person or persons to serve on any jury for the trial of any -capital offence, who at the time of such return would not be qualifyed in -such county, city or place, to serve as jurors in civil causes for that -purpose. [Made perpetual by _6 G. 2. c. 37._ § 1.] - -[Sidenote: Distress.] - -By _51 H. 3. st. 4._ (_De Districtione Scaccarii_) When a sheriff or -other the Kings bailiff doth take the beasts of another for the Kings -debt, or any other cause, they to whom the beasts belong may feed them -without disturbance so long as they be impounded, without giving any -thing for their keeping. And the beasts, nor no other distress taken for -the Kings debt, nor for any other cause be given, nor sold within fifteen -days after the taking. And if any bring the tally of a payment made in -the exchequer the distress shall cease. And if he bring the tally of any -sheriff or bailiff of payment made to him of the thing demanded, and will -find pledges to be at the exchequer at the next account, to do what shall -be right, then the distress shall cease. But no man of religion nor other -shall be distrained by his beasts that gain his land nor by his sheep, -for the Kings debt or the debt of another, nor for any other cause, by -the Kings bailiff nor by any other man, but until they can find another -distress or other chattels sufficient whereof they may levy the debt or -that is sufficient for the demand, except impounding of beasts when a man -finds them doing damage according to the law and usage of the land. And -that the distresses be reasonable after the amount of the debt or demand -according to reason and not outrageous. Howbeit all sheriffs and bailiffs -who have received the Kings debts of the summons of the exchequer, and -have not acquitted the debtors thereof at their next account, shall be -punished according to the statutes lately made. - -[Sidenote: Replevin.] - -By _Stat. de Marleberge_ _52 H. 3. c. 21._[48] if the beasts of any man -be taken and wrongfully withholden, the sheriff after complaint made to -him thereof, may deliver them without let or gainsaying of him that took -the said beasts, if they were taken out of liberties. And if they were -taken within liberties and the bailiffs of the liberty will not deliver -them, then the sheriff for default of those bailiffs shall cause them to -be delivered. - -By _W. 1. c. 17._ if any take the beasts of others and cause them to be -driven to a castle or fortress[49], and there within the close of such -castle or fortress detain them against gage and pledge, after the beasts -shall be solemnly demanded by the sheriff or by the Kings bailiff, at the -suit of the plaintiff, the sheriff or bailiff taking with him the power -of his county or of his bailiwick[50] shall assay to make the replevin of -the beasts from him that took them or from his lord, or from others of -the men of his lord whatsoever they be, found in the place where the -beasts were chased; and if any deforce him of the deliverance of the -beasts, or that no man be found for the lord, or for him that took them, -to answer and make the deliverance after the lord or taker shall be -admonished thereof by the sheriff or bailiff, if he be in the country or -near or there whereas he may be conveniently warned by the taker or any -other of his, to make deliverance, if he were out of the country when the -taking was, and did not cause the beasts to be delivered incontinent, -that the King for the trespass and despite shall cause the said castle or -fortress to be beaten down without recovery; and it is to wit, that where -the sheriff ought to return the Kings writ to the bailiff of the lord of -the castle or fortress or other to whom the return belongeth, if the -bailiff of the franchise will not make deliverance after that the sheriff -hath made his return unto him, then shall the sheriff do his office -without further delay as is aforesaid and upon the aforesaid pain; and in -like manner, deliverance shall be made by attachment of plaint made -without writ, and upon the same pain. - -[Sidenote: Hue and cry.] - -By _W. 1. c. 9._ all generally are to be ready and appareled at the -commandment and summons of sheriffs, and at the cry of the country to -pursue and arrest felons, when need shall be, as well within franchises -as without. And if default be found in the lord of the franchise, the -King shall take the franchise to himself; and if the default be in the -bailiff he shall be imprisoned one year, and after be grievously fined, -and if he hath not whereof to be fined he shall be imprisoned two years: -And if sheriffs, coroners, or other bailiffs, within franchise or -without, conceal or consent or procure to conceal the felonies done in -their bailiwicks, or that they will not attach or arrest the misdoers -where they can, _&c._ and be attainted thereof, they shall be imprisoned -for one year and after be grievously fined, and if they have not whereof -to be fined, shall be imprisoned for three years. - -By _Stat. de Wynton_ _13 E. 1. st. 2. c. 6._ sheriffs and bailiffs within -franchises and without, higher or lower, and that have any bailiwick or -forestry in fee or otherwise are to take good heed that they follow the -cry with the country, and that they have horses and armour to do it. - -If bailiffs of liberties have come at the hue levyed according to this -statute is one of the articles of inquiry thereupon. _34 E. 1. st. 2._ - -[Sidenote: Names to returns.] - -By _12 E. 2. c. 5._ sheriffs and other bailiffs who receive the Kings -writs returnable in his court shall put their proper names with their -returns, so that the court may know of whom they took such returns if -need be. - -[Sidenote: Roberdesmen, &c.] - -By _5 E. 3. c. 14._ if any man have suspicion of evil of roberdesmen, -wastours and drawlatches, be it by night or day, they shall be -incontinently arrested by the constables of the towns. And if they be -arrested within franchises, they shall be delivered to the bailiffs of -the franchises, and kept in prison till the coming of the justices -assigned to deliver the gaols. And in the mean time the bailiffs of the -franchises shall inquire of such arrests and at the coming of the -justices return their inquests before them and that which they have -found, and the causes of taking, with the bodies, and the justices shall -proceed to the deliverance of those arrested according to the law. And in -case bailiffs of franchises have not enquired of such arrests they shall -be amerced. - -[Sidenote: Decayed bridges.] - -By _22 H. 8. c. 5._ § 5. the justices of peace of the shire, city or town -corporate, within which any decayed bridges, or any part thereof, shall -happen to be, shall have power to enquire, hear and determine all -annoyances being within the limits of their commissions or authorities, -and if the annoyance be presented, then to make process into every shire -against such as owen to make or amend any such bridges. And all sheriffs -and bailiffs of liberties and franchises shall truly serve and execute -such process as shall come to their hands from the said justices of peace -afore whom any presentment shall be had for any such annoyance, according -to the tenour and effect of the said process to them directed, without -favour, affection or corruption, upon pain to make such fine as shall be -set upon them, or any of them, by the discretion of the said justices. - -[Sidenote: Attendance on the justices.] - -All lords that have franchises, or their bailiffs, shall attend upon the -justices of assise and gaol delivery, upon pain of forfeiture of their -franchises. _20 E. 4. 6._ _Br. Forfeiture de terres_, _&c._ 115. - -By _27 H. 8. c. 24._ § 7. all stewards, bailiffs, and other ministers of -any liberties or franchises which in times past have used or ought to -attend upon the justices of assise, justices of gaol delivery, and -justices of the peace at large in any county, shall be attendant to the -justices of assise, justices of gaol delivery, and justices of peace of -the same shires wherein such liberties and franchises be, and make due -execution of all process to them to be directed, for ministration of -justice within such liberties or franchises; and all such bailiffs or -their deputies or deputy shall give their attendance and assistance upon -the sheriff, together with the sheriff's bailiffs at all courts of -gaol-delivery from time to time, for execution of prisoners according to -justice. - -[Sidenote: Inquiry at sessions.] - -It was an article of inquiry at the sessions if the bailiffs of liberties -and franchises had duly executed their office, which consists in three -points _viz._ In due execution of the precepts to them sent, and in due -returns to be made to the sheriff of those precepts, and that they took -nothing for doing their office, except the fees to them assigned and due -by course of law. _Fitz. Iust. P. fol. 28._ (_Crompton._ 49.) - -And this inquiry was by virtue of _20 E. 3. c. 6._ whereby it is -ordained, that the justices assigned to take assises shall have -commissions sufficient to inquire in their sessions of sheriffs, -escheators, bailiffs of franchises, and their under-ministers, &c. and of -the gifts, rewards, and other profits, which the said ministers do take -of the people to execute their office, and that which pertaineth to their -office, and for making the array of panels, putting in the same suspect -jurors and of evil fame, &c. and to punish all them which thereof shall -be found guilty according as law and reason requireth, as well at the -Kings suit as at the partys. - -[Sidenote: Account.] - -By _stat. de Scac._ _51 H. 3. st. 5._ § 1. all sheriffs, fermors, -bailiffs of franchises, and other who ought to come to the profer in the -exchequer the morrow of St. Michael and the morrow of the clause of -Easter, to pay their farms, rents and issues which belong to the King, -shall come at the aforesaid terms, and there bring in full the aforesaid -farms, rents and issues, and pay them into the exchequer. And if any fail -to pay fully what he ought to pay as before is said, his body to remain -without departing till he have paid or made agreement. And he who shall -not come at the aforesaid terms shall be amerced according to the usages -of the exchequer. And at the same terms the sheriffs and bailiffs shall -bring their monies, and shall pay into the exchequer what they have -received at the summons of the exchequer and the other debts of the King, -and of all the things aforesaid, shall be ready and prepared to make -account. - -By § 2. all the bailiffs of franchises who ought to levy the debts of the -King, and shall be answerable to the sheriffs at their commandment -according to the estreats of the summons of the exchequer, shall come and -answer sufficiently. And those who shall not, their bodies shall remain -in custody of the sheriffs; and the sheriffs, for their defaults, shall -send to levy the debts by their own bailiffs wherever they can, as they -have used to do in time passed. And if the bailiffs do not come to answer -at the day, the sheriffs shall let them know, the sheriffs shall enter -into the franchise, and cause the debts to be levyed by their own -bailiffs. - -By § 7. when a sheriff or bailiff hath begun to account, no other shall -be received to account until the first that is appointed hath fully -accounted, and that the sum be received. - -By § 9. about the feast of St. Margaret before the Exchequer be closed, -they shall every year narrowly search and see if a sheriff or other -bailiff who ought to have accounted that year have not. And if he be a -sheriff, _&c._ And if he be another bailiff he shall be summoned or -distrained that he come at a certain day to account, so that no account -be suffered to sleep. - -[Sidenote: Estreats.] - -By _42 E. 3. c. 9._ estreats shall not be doubled by the sheriffs, but -the copy of the estreats wherein they touch the franchises of lords shall -be delivered to the bailiffs of the franchises under the seal of the -sheriff, and the same bailiffs shall yield their account in the Exchequer -by the same copies and no other. - -[Sidenote: Bailiffs of the Savoy, and Borough of Southwark.] - -By _8 & 9 W. 3. c. 27._ § 15. it shall and may be lawful for any person -or persons, who have or hath any debt or debts, sum or sums of money due -or owing to him from any person or persons who shall be and reside within -the White-Friers, Savoy, Salisbury Court, Ram Alley, Mitre Court, Fullers -Rents, Baldwins Gardens, Montague Close, or the Minories, Mint, Clink, or -Deadmans Place, upon legal process taken out against such person or -persons, to demand and require the sheriffs of London and Middlesex, HEAD -BAILIFF OF THE LIBERTY OF THE DUCHY OF LANCASTER, or high sheriff of the -county of Surrey, or BAILIFF OF THE LIBERTY OF THE BOROUGH OF SOUTHWARK -for the time being (as the case shall require, if the plaintiff think it -requisite) or their respective deputy or deputies, officer or officers, -to take and they are thereby enabled respectively to take the _posse -comitatus_ or such other power as to them shall seem requisite, and enter -the said pretended privileged places, and to arrest, and in case of -resistance or refusal to open the doors, to break open any door or doors -to arrest such person or persons upon any mesne or other process, extent -or execution, or to seize the goods of any such person or persons upon -any execution or extent. (Penalty on the officer, for neglect or refusal -to execute process, 100l. and on those who resist him 50l. each, -commitment to gaol, and, on conviction, imprisonment and pillory, and for -rescuing a prisoner 500l. and, on nonpayment within one month after -judgement, transportation, and on inhabitants concealing any guilty of -rescous, transportation, unless they pay the whole debt and costs.) - - [40] See before, p. 23. In Yorkshire, when bailiff of the liberty has no - prison of his own, the usage is for him to bring the body to the - sheriff, who makes out an ordinary commitment to the county jail. - - [41] _De ballivis suis_; the printed translation reads "any of their - _bailiffs_;" but this is only one out of numberless instances of its - gross and shameful inaccuracy. - - [42] This act extends to inquests before coroners. _Cro. Car._ 134. - - [43] By § 9. The inhabitants of Westminster are exempted from serving in - any jury at the sessions before the justices of the peace for the county - of Middlesex. - - [44] This proviso, with respect to actions or informations upon penal - statutes, is taken away by _24 G. 2. c. 18._ § 3. - - [45] By _3 & 4 Ann. c. 18._ §§ 3, 4, particular directions are given - relative to the return of jurors within the county of _York_. See also - _1 Ann. st. 2. c. 13._ § 3. and _7 & 8 W. 3. c. 32._ §§ 7, 8. - - [46] By _4 G. 2. c. 7._ § 1. this clause not to extend to the county of - _Middlesex_. And by § 2. no person shall be returned to serve as a juror - at any session of _nisi prius_ in the said county, who has been returned - at any such session, in the two terms or vacations immediately preceding. - - [47] By _4 G. 2. c. 7._ all leaseholders in the county of _Middlesex_, - upon leases where the improved value shall amount to 50l. or upward _per - annum_, over and above all ground rents or other reservations, shall be - liable and obliged to serve upon juries. - - [48] That this statute was made in a parliamentary council at - _Westminster_, in the _forty-third_ year of this King, and not at - _Marleberge_, in the _fifty-second_, is proved by Mr. Prynne in his - _Animadversions_ on _4 Inst._ p. 190. - - [49] And so it is if he that distrain chase the distress into any other - house, park or other place of strength. _2 Inst._ 193. - - [50] _Note_, every man is bound by the common law to assist not only the - sheriff in his office for the execution of the Kings writs, but also his - baily that hath the sheriffs warrant, &c. and if they do it not, being - required they shall be fined and imprisoned. _2 Inst._ 195. - - - - -CHAPTER VI. - -OF HIS INDEMNITY AND PROTECTION. - - -[Sidenote: Arrest, and non-return of writ.] - -If the sheriff command the bailiff of the franchise, who arrests the -defendant and sends him to the sheriff, if the sheriff return no writ, -the bailiff shall not be charged, for the arrest of the bailiff of the -franchise was lawful, and it shall be against reason that the non-return -of the sheriff should prejudice him. _8 E. 4. 17._ And see also _21 H. 7. -22._ _Keilwey_ 87. 89. - -[Sidenote: Mandate.] - -If the sheriff write to a bailiff of franchise in such form, _Ballivo -libertatis, &c. salutem, mandatum Domini regis recepi in hæc verba_, and -rehearse how the King commands by writ to take the body of such a one, -where no writ comes to the sheriff, this is a good excuse to the bailiff -of the franchise, and the party shall have his remedy against the -sheriff. _Dalton. Sheriff._ 112.[51] - -[Sidenote: Old bailiff and new bailiff.] - -If upon a _fieri facias_ against an administrator, the sheriff makes a -warrant to the bailiff of a franchise to execute it, and afterward the -bailiff is removed, and another bailiff elected, and afterward the old -bailiff returns in his own name to the sheriff that the administrator had -not any goods _preterquam_, &c. which is false, and afterward the sheriff -makes the return accordingly to the court, yet no action for this false -return lies against the old bailiff, for the return ought to be made in -the name of the new bailiff, and so the sheriff has accepted a return as -of a mere stranger, which is void; and he ought to take conusance of the -right ministers of the law, and therefore the old bailiff for this false -return is not punishable, but the sheriff. _1 Roll. Abr._ 99. - -[Sidenote: False return of sheriff.] - -Upon writ to the sheriff he first made warrant to bailiff of liberty, and -after to his own bailiff, who arrested the party and suffered him to -escape; and then sheriff returned _mandavi ballivo_; upon affidavit of -fact sheriff was ordered to attend. And agreed action lay against sheriff -for false return as _non est invent._ _&c._ and his amerciaments were -estreated. _12 Mod._ 311. - -Action upon the case is maintainable against the sheriff for making the -return of a bailiff who was not bailiff at the time of the return, and -who had not executed the writ. _Moore_, 432. - -Rule for the bailiff of the [liberty of the] duchy of Lancaster to return -the sheriffs mandate on a _fi. fa._ discharged, the warrant having been -directed to officers of plaintiffs nomination, and not to the officers of -the bailiff of the [liberty of the] duchy. _Barnes_, 416. - -[Sidenote: Escape from gaoler of liberty.] - -An attachment of contempt issued forth against defendant, for not -bringing Waldrons body into court, pursuant to a peremptory rule; and -defendant having been examined upon interrogatories, it was referred to -the prothonotary (as usual) to examine whether he had cleared himself of -the contempt, or not. The prothonotary reported the matter specially; and -the fact appeared to the court to be, that Waldron being confined in the -Gatehouse prison, Westminster, for a criminal matter, was, by leave of a -judge, charged there with a bailable action, in the following manner: A -_capias ad respondendum_ was directed to the sheriff of Middlesex, who -made a _mandate_ to the high bailiff of Westminster, and defendant was -charged in custody therewith, and afterwards escaped from the keeper of -the Gatehouse, which is the prison for the liberty of Westminster, to -which prison the high bailiff is obliged to carry his prisoners within 24 -hours after arrest. The high bailiff being called upon for a return of -the _mandate_, returned _cepi corpus_, and that Waldron remained in the -custody of the keeper of the Gatehouse. Both the chief bailiff and the -keeper of the Gatehouse are appointed by, and hold their places under, -the dean and chapter of Westminster, and both give security to the dean -and chapter; but the keeper gives no security to the high bailiff. The -Court were of opinion, that the high bailiff had cleared himself of the -contempt, and ordered the attachment to be discharged. The high bailiff -did every thing in his power to secure the prisoner, and ought not to be -criminally punished. _Respondeat superior_ extends to civil matters only. -The prosecutor may bring his action for the escape. _Barnes_, 34. - -[Sidenote: Escape.] - -If prisoner taken by a bailiff of a franchise escapes from the bailiff, -the sheriff shall not have action upon the case against him, because he -is not chargeable _ouster_, but the bailiff is only chargeable. _1 Roll. -Abr._ 98. - -J. S. was taken in execution by _Ca. Sa._ by the bailiffs of a liberty in -Suffolk, by warrant of the sheriff of the county. The bailiffs before the -return of the _Ca. Sa._ brought him to Westminster in the county of -Middlesex, and from thence, at the plaintiffs request, carried him to -Lambeth in Surrey, where he remained under their custody till the day of -the return of the writ, when they delivered him to the Kings Bench -according to the writ; this, by the advice of all the justices, was -adjudged no escape; for they thought that in whatever county in the way -or out of the way to Westminster, the sheriff detains or brings the -prisoner, if it be before the return of the writ it is no escape. -_Moore_, 299. _Burton_ [_Boyton_] v. _Andrews_. _3 Rep._ 43. _S. C._ - -If a bailiff of a manor pays the relief of his master to the lord to whom -it is due, he shall be allowed this upon his account, though he had no -warrant from his master so to do, because this is a casual thing of -common course. (_Contra_, of a thing that is not casual of common -course.) _41 E. 3. Account. 33._ - -[Sidenote: Rescous.] - -If the Kings bailiff distrain for rent and rescous is made, the bailiff -shall have the writ of rescous and not the King. _F. N. B._ 101. - -If the sheriff send unto the bailiff of the liberty to levy fines and -amercements for the King, and the bailiff distrain, and rescous is made, -the lord of the liberty shall have a writ of rescous, for the rescous, -the battery, and assault, and loss of service, all in one. _F. N. B._ 101. - -If a man sue forth execution, and hath _capias_ directed to the sheriff -to arrest the party, and the sheriff make his warrant to the baily of the -Kings liberty to arrest him, and he doth arrest him, and others rescue -him from the bailiff, he who sued forth the execution shall have the writ -of rescous; but yet it seems reasonable that the bailiff shall have a -writ of rescous in such case, for some say he shall be chargeable, &c. -_F. N. B._ 101. - -A warrant was from the sheriff to the bailiff of the 'liberty' of -Pomfret, who executed it, and rescue was made, and the bailiff brought -the action against the rescuers to recover damages: and it was held that -the bailiff may have this action in his own name, to recover damages for -this. _Clay._ 149. _Foster_ v. _Legerd_. (_Viner, Rescous. A._ 3.) - -[Sidenote: Inquest by the sheriff.] - -If bailiff of franchise return certain names to the sheriff, and the -sheriff return other names, though the inquest returned by the sheriff -shall be taken, yet bailiff shall have action against him. _30 Ass. p._ -5. _Br. Retorne de briefe_. 73. - -[Sidenote: Return by _7 & 8 W. 3. c. 32._ § 6.] - -By _7 & 8 W. 3. c. 32._ § 6. the return to the justices [directed by this -act] shall be a good excuse and bar in law for the sheriff, for such -summons and returns [as thereby directed]: and if any action or -information shall be brought or prosecuted against any sheriff for such -return, the said sheriff may plead the general issue, and give this act -in evidence; and if the plaintiff be nonsuited, discontinue his action, -or if a verdict be given for the defendant, or a _noli prosequi_ be -entered in any information, or a verdict pass for the defendant -thereupon, the plaintiff or informer shall pay treble costs, to be -awarded by the court in which such action or information was prosecuted, -and levyed by usual process. _Note_, that although the word _sheriff_ be -alone made use of in this clause, yet it seemeth that the bailiff of the -franchise shall in such case be intitled to the full benefit thereof. - - [51] This case is printed by Mr. Dalton as an extract in French, and he - refers to _10 H. 6. 37._ But there is no such folio in that year. Mr. - Dalton has certainly the appearance of having been a very industrious - man, but the most gross inaccuracy is perhaps the least of his faults. - He is therefore to be read and quoted (if at all) with great caution. - And it might not be amiss if the same caution were extended to Master - Kitchin, who deserves the title of an authority little better than Mr. - Dalton. - - - - -CHAPTER VII. - -OF HIS RESPONSIBILITY AND PUNISHMENT - - -[Sidenote: Omission of name in return.] - -By _12 E. 2. c. 5._ if any sheriff or other bailiff in his returns leave -out his name he shall be grievously amerced to the Kings use. - -[Sidenote: False returns.] - -By _1 E. 3. st. 1. c. 5._ against the false return of bailiffs of -franchises, which have full return of writs, a man shall have averment, -and recover as well against them as against the Kings sheriff, as well of -too little issues returned as in other cases, so that it fall not in -prejudice of the lords in imblemishment of their franchises. And all the -punishment [shall] fall only upon the bailiffs by punishment of their -bodies if they have not whereof to answer. - -An action is maintainable against bailiff of a franchise who makes false -return, and not against the sheriff. _Moore_, 432. - -If the bailiff of a franchise makes a false return to the sheriff, and -the sheriff returns it to the court accordingly, an action upon the case -lyes against the bailiff, and not against the sheriff, for no default is -in him. _1 Roll. Abr._ 98. For the sheriff ought to accept the return of -the bailiff if it be sufficient in law, and not to examine the truth of -it. _1 Roll. Abr._ 99. - -[Sidenote: Writ _ad distringendum ballivum_.] - -_Debt_, the sheriff returned _Capias, Quod mandavi ballivo, &c. qui -respondit quod cepit corpus_, and the person does not come, and the -sheriff was amerced [Q. _For what reason?_] and writ awarded _ad -distringendum ballivum ad habendum corpus, &c._ _47 E. 3. 25._ _Br. -Retorne de briefe._ 24. But yet - -[In] _Replevin_ [where] the sheriff returned the _Capias, Quod mandavi -ballivo, qui mihi respondit quod haberet corpus ejus hic ad hunc diem_, -and the body did not come, _non omittas_ was awarded, and not _distringas -ballivum ad habendum corpus_. _38 E. 3. 1._ _Br. Retorne de briefe._ 44. - -_Case_; for that upon a Capias directed to him against J. S. he _made a -warrant to a bailiff of a franchise to arrest_ the said J. S. which was -done accordingly, and yet the sheriff returned _non est inventus_. -Resolved _per tot. cur._ that the action well lay; and Anderson said, -that if the sheriff had returned that he had sent to the bailiff of the -liberty, who had given this answer, that he had arrested the body, it had -been good, and the sheriff had been discharged, and the process should -have issued against the bailiff of the liberty to bring in the body. -_Cro. Eliz._ 729. - -[Sidenote: Bailiff plaintiff, hath not the body at the day.] - -Where sheriff returned _quod mandavi ballivo, &c._ who is plaintiff, if -the bailiff returns _quod cepit corpus_ of the defendant, and hath him -not at the day, &c. the bailiff shall be amerced, and not the sheriff; -and the sheriff is not bound to take conusance if the bailiff be -plaintiff or not, for it may be another of the same name. _36 H. 6. 1._ -_Br. Retorne de briefe._ 65. - -[Sidenote: False return for extortion.] - -_Capias_, the sheriff returned _mandavi ballivo, & quod ipse cepit -corpus, sed illud hic habere non potest quia languidus est, &c._ And -defendants wife came and said that he is not sick but detained by the -bailiff for extortion, and prayed remedy. Whereupon a writ issued to the -bailiff to return the body, and to appear; and upon examination it was -found that the party was not sick, whereupon the bailiff was committed to -the Fleet to make fine, and the writ against the bailiff was _subpoena_ -40l. to appear and bring the body, &c. _11 H. 6. 42._ _Br. Retorne de -briefe._ 123. - -[Sidenote: Escape.] - -If a writ of execution comes to the sheriff, and he makes mandate to the -bailiff of franchise, who takes him, and after suffers him to escape, -action lyes against the bailiff of the franchise, and not against the -sheriff. _5 E. 4. 1 b. 2._ _Brook, Escape_ 40. _1 Roll. Abr._ 99. _Noy._ -27. _Buller. N. P._ 69. - -If a man be in prison for execution in a county or in a liberty, the -gaoler cannot bring him out of the county or liberty, unless in special -case; and if he does it the prisoner may have action of false judgment, -unless he has special authority, as by privy seal to be at Westminster, -or the like. _30 H. 6. 6._ _Br. Escape_, _pl._ 44. - -If a warrant out of a _Fieri facias_ to levy a debt at the suit of J. S. -be directed to an under-bailiff of a liberty, and he by force thereof -levys the debt, and afterwards conceals the writ, nor makes any -certificate thereof, an action upon the case lyes against the -under-bailiff, because he has made a personal tort. _1 Roll. Abr._ 94. - -[Sidenote: Non-return of the warrant.] - -If the bailiff of the franchise arrest the party, and do not return the -warrant to the sheriff, action of false imprisonment lyes against him for -the party. _Keilwey_, 86, _b._[52] - -Eyres sued a writ out of _C. B._ _versus_ Smith, directed to the sheriff -of York, who sent a warrant to Simpson, the bailiff of the liberty of -Pomfret, who did not return the writ [warrant]: upon which he was amerced -50l. (_viz._ time after time) and that was estreated into the exchequer: -afterwards Eyres and Smith agreed, and upon producing a certificate from -the attorney for the plaintiff that the debt was satisfied, these -amerciaments were discharged upon motion to the barons. _Note_, There -ought to be a constat of the estreats, and, as the clerks said, the court -uses not to discharge the amerciaments, but 'allows' you to compound -them. _1 Salk._ 54. - -Rule made for an attachment of contempt against the bailiff of the -liberty of Holderness, in the county of York, for not returning a -_mandate_ made by the sheriff, on an attachment of privilege, pursuant to -a peremptory rule to return the same within six days notice, without any -return of a _mandavi ballivo_, antecedent to the said peremptory rule; on -an affidavit of service of that rule, and an affidavit of searching the -sheriff's office, after the expiration of the six days, and that the -_mandate_ was not returned; all the officers present reporting this to be -the practice. _Barnes_, 35. - -Though by agreement between a bailiff of a franchise and his deputy, the -deputy is restrained to serve process beyond such a sum, yet if he serves -process of a greater sum without other warrant, and after levies the -money, the bailiff shall be chargeable. _Litt._ 33. _Viner, Actions -[Case. Disceit.] F. c. 5._ - -[Sidenote: Escape of felon.] - -If the bailiff of a franchise that hath a gaol, hath the custody of a -felon, he is chargeable for his escape, and not the sheriff or his -gaoler. _1 Hale P. C._ 595. - -[Sidenote: King to have fines on bailiff.] - -[Sidenote: Amerciaments for insufficient returns.] - -By _27 H. 8. c. 24._ § 9. the King, his heirs and successors, shall have -all manner of fines, issues, amerciaments and forfeitures that shall be -lost, forfeit or assessed by or upon any stewards, bailiffs or other -ministers or officers of any franchises or liberties, for non-execution, -mis-execution or insufficient returns of such writs, warrants, precepts -or other process, which to them or to their deputies shall be directed, -or for any contempt or other misdemeanor whatsoever it be, concerning -their offices, in and for the due execution or administration of justice. -And the amerciaments for insufficient returns of writs or other process -made by stewards or bailiffs of liberties or franchises, having returns -of writs and execution of the same, shall be put and set upon the heads -of such stewards or bailiffs, and not upon the sheriffs[53]. - -[Sidenote: Acts against sheriffs extended to bailiffs.] - -By § 14. every statute and act theretofore made and being in force -against sheriffs, their undersheriffs, bailiffs or other ministers, for -making or returning of panels or juries, or for due execution or serving -of any writs or other process, or for taking of fees, or for reformation -of extortions, or for any other thing or things concerning their offices, -and all pains and penalties contained in every such statute shall be -extended to all stewards, bailiffs and other ministers and officers of -liberties and franchises having returns of writs and executions thereof, -in like manner, form and condition as they extend to the sheriffs, their -undersheriffs, bailiffs or other ministers. (But by § 15. this article -not to be prejudicial to any steward, bailiffs of franchises or to their -deputies or clerks for exercising and occupying their offices above one -year.) - -[Sidenote: Returning persons not summoned.] - -By _27 Eliz. c. 6._ § 3. if any sheriff, undersheriff, bailiff or other -minister do return any person or persons to be summoned to appear in any -jury, wherein he shall for default of his appearance lose or forfeit any -issues, where in truth such person shall not be lawfully summoned, the -same sheriff, &c. shall forfeit, lose and pay unto the said person or -persons so returned double the value of the issues by such juror or -jurors lost or forfeited for his [or their] default of appearance. - -[Sidenote: Taking money, _&c._ for not returning jurors.] - -By § 4. if any sheriff, &c. or any bailiff of franchise, shall receive, -take, or have by himself or by any other, any sum of money, reward or any -other profit, directly or indirectly, or do take any promise, make any -agreement, or assent to have any sum of money, reward or other profit, -directly or indirectly, of any person or persons, for the sparing, not -warning, or not returning of any person to be sworn as juror, for the -trial of any issue joined or to be joined in any of the Queens Majestys -courts [of K. B. C. P. or E.], or before any justices, every sheriff, -_&c._ or bailiff of franchise so offending, to forfeit for every such -offence the sum of 5l. (half to the Queen, and half to the person suing.) - -[Sidenote: Offences against _27 Eliz. c. 12._] - -By _27 Eliz. c. 12._ § 5. if any undersheriff or other person mentioned -in this act, shall do or commit any act or acts contrary to the oaths -aforesaid, or either of them (See B. II. C. 3.) or contrary to the true -intent and meaning of this act, every such person so offending shall -forfeit and lose for every such offence, to the party or parties grieved, -his or their treble damages. - -[Sidenote: Summoning persons contrary to _7 & 8 W. 3. c. 32._] - -By _7 & 8 W. 3. c. 32._ § 6. if the sheriff, his deputy or deputies, -bailiff or bailiffs, shall summon and return any freeholder or -copyholder, to 'try any issues joined in any of the courts [of K. B. C. -P. or E.] or to be or serve on any jury at the assizes, sessions of -_oyer_ and _terminer_, gaol delivery or sessions of the peace', otherwise -than as 'directed by this act,' (See B. II. C. 5.) or in any ways neglect -his or their duty or duties in the service or services of them required -by this act, or excuse any person or persons for favour or reward, or -allow of any writ of _non ponendis in assizis & juratis_, or other writ, -to excuse or exempt any person or persons from the service of any jury or -juries, under the age of 70 years, such sheriff, deputy or bailiff shall -for every transgression forfeit the sum of 20l. to be recovered by the -party or parties grieved or injured, or whom else will sue for the same. - -[Sidenote: Summoning persons contrary to _3 G. 2. c. 25._ § 3.] - -By _3 G. 2. c. 25._ § 3. in case any sheriff, undersheriff, bailiff or -other officer to whom the return of juries shall belong, shall summon and -return any person or persons to serve on any jury in any cause to be -tryed before the justices of assize or _nisi prius_ or judges of the -great sessions, or the judge or judges of the sessions for the counties -palatine, whose name is not inserted in the duplicates delivered or -transmitted to him or them by the clerk of the peace, if any such -duplicate shall be delivered or transmitted, any judge or justice of -assize or _nisi prius_ or judge or judges of the said great sessions, or -the judge or judges of the sessions for the said counties palatine, shall -and may, upon examination in a summary way, set such fine or fines upon -such sheriff, _&c._ for every such person so summoned and returned as -aforesaid as the said judge or justice of assize, _nisi prius_, _&c._ -shall think meet not exceeding 10l. and not less than 40s. - -[Sidenote: Wilful transgression contrary to _3 G. 2. c. 25._ § 4.] - -By § 4. if any sheriff shall wilfully transgress [in returning any -persons as jurors to serve on trials at any assizes or _nisi prius_, or -at the great sessions, or at the sessions for the counties palatine who -have served within the space of one year before in the county of Rutland, -or four years in the county of York, or of two years before in any other -county, not being a county of a city or town,] any judge or justice of -assize, or _nisi prius_, _&c._ may and is required, on examination and -proof of such offence, in a summary way, to set a fine or fines upon -every such offender as he shall think meet, not exceeding 5l. for any one -offence. - -[Sidenote: Wilful transgression contrary to _3 G. 2. c. 25._ § 6.] - -By § 6. if any sheriff, undersheriff, bailiff or other officer shall -wilfully transgress [in taking or receiving any money or other reward to -excuse any person from serving or being summoned to serve on juries; or -any bailiff or other officer appointed by any sheriff or undersheriff to -summon juries, in summoning any person to serve thereon other than such -whose name is specifyed in a mandate signed by such sheriff or -undersheriff, and directed to such bailiff or other officer], any judge -or justice of assize, _nisi prius_, _&c._ may and is required, on -examination and proof of such offence, in a summary way, to set a fine or -fines upon any person or persons so offending as he shall think meet, not -exceeding 10l. according to the nature of the offence. - -[Sidenote: Offences against _32 G. 2. c. 28._] - -By _32 G. 2. c. 28._ § 12. every sheriff, undersheriff, bailiff of any -liberty, bailiff, serjeant at mace, gaoler and other officer and person -as aforesaid, who shall in anywise offend against this act (see before C. -5.) shall, for every such offence (over and above such penalties and -punishments as he or they shall be liable unto by the laws now in force) -forfeit and pay to the party thereby aggrieved the sum of 50l. to be -recovered with treble costs of suit, by action of debt, bill, plaint or -information, in any of his Majestys courts of record at Westminster. - -[Sidenote: Account.] - -By _Stat. de Marleberge_ (_52 H. 3. c. 23._) if bailiffs which ought to -make account to their lords do withdraw themselves and have no lands nor -tenements whereby they may be distrained, they shall be attached by their -bodies, so that the sheriff in whose bailiwick they be found shall cause -them to come to make their account. - -[Sidenote: Wreck and stray, &c.] - -Account lies of wreck and stray though the bailiff does not seize it; for -he shall account of all that he received and might have received. _Br. -Accompt._ _pl._ 94. (_cites_ _10 H. 7. 6._) - -So of toll, and of the profits of a common pound. _Ibid._ - - [52] If execution be directed to a sheriff to arrest any man or to make - execution within a liberty, and the sheriff directs his warrant to a - [_l._ the] bailiff of the liberty for to make execution of the process, - 'who' makes it, and after is a fugitive, and not able to answer for - that, the lord of the franchise shall answer for that, and shall be - liable to answer for his bailiff by all the justices. _2 Brownlow._ 50. - - [53] Before this statute, when the return which the bailiff of the - franchise made to the sheriff was not sufficient, the court has refused - to amerce the bailiff, because he was not minister to the court. - _T. 20 E. 3._ _Fitz. Retourne del vicount._ 113. - - - - -CHAPTER VIII. - -OF HIS FEES. - - -[Sidenote: Arrest.] - -By _23 H. 6. c. 9._ sheriffs, undersheriffs, bailiffs of franchises, nor -any other bailiff, by occasion or under colour of their office, shall -take any other thing of any person by them to be arrested or attached for -the omitting of any arrest or attachment, for fine, fee, suit of prison, -mainprise, letting to bail, or shewing any ease or favour to any such -person, for their reward or profit, but such as follow, _viz._ For the -sheriff, 20d.; the bailiff which maketh the arrest or attachment, 4d.; -and the gaoler, if the prisoner be committed to his ward, 4d.; nor for -the making of any return or panel, and for the copy of any panel, but 4d. -(Penalty treble damages and 40l.) - -[Sidenote: Extent or execution.] - -By _29 Eliz. c. 4._ it shall not be lawful to or for any sheriff, -undersheriff, bailiff of franchises or liberties, nor for any of their -officers, ministers, servants, bailiffs or deputies, by reason or colour -of their office or offices, to have, receive or take of any person or -persons whatsoever directly or indirectly for the serving and executing -of any extent or execution, upon the body, lands, goods or chattels of -any person or persons whatsoever, more or other consideration or -recompence than 12d. for every 20s. where the sum exceedeth not 100l. and -6d. for every 20s. being over and above the said sum of 100l. that he or -they shall so levy or extend, and deliver in execution, or take the body -in execution for, by virtue and force of any such extent or execution, -upon pain to lose and forfeit to the party grieved his treble damages, -and to forfeit the sum of 40l. (half to the Queen and half to the -informer or plaintiff.) - -The bailie of the franchise on _29 Eliz. cap. 4._ takes all execution -fees. _3 Keble_. 71. - -[Sidenote: _Habere facias possessionem aut seisinam._] - -By _3 G. 1. c. 15._ § 16. it shall not be lawful for any sheriff, _&c._ -or for the bailiff of any franchise or liberty, by reason or colour of -their office or offices, or by reason or colour of their executing of any -writ or writs of _habere facias possessionem aut seisinam_, to demand, -ask, or receive any other or greater consideration, fee, gratuity or -reward, than is hereafter mentioned (which shall be lawful to be demanded -and taken); that is to say, the sum of 12d. for every 20s. of the yearly -value of any manor, messuage, lands, tenements and hereditaments, whereof -possession or seisin shall be by them or any of them given, where the -whole exceedeth not the yearly value of 100l. and the sum of 6d. only for -every 20s. _per annum_, over and above the said yearly value of 100l. -(Penalty 200l.) - -[Sidenote: Extent and _liberate_, &c.] - -By _8 G. 1. c. 25._ § 5. no sheriff to take for the extent and _liberate_ -& _habere facias possessionem_ or _seisinam_ on the real estate, by -virtue of such extent, any more than the above fees. (Same penalty.) - -[Sidenote: Process, under 10l. &c.] - -By _5 G. 2. c. 2._ § 2. no attorney, bailiff or other person, shall have, -take, charge, or demand more than 5s. for the making and serving a copy -of such process issuing out of any superior court [where cause of action -is under 10l.], or more than 1s. for the making and serving a copy of -such process, issuing out of any inferior court [where cause of action is -under 40s.] - -[Sidenote: English notice.] - -By § 3. no fee or reward shall be taken for the English notice by this -act required to be written upon every copy of process [where cause of -action in superior court is under 10l. in inferior court under 40s.] to -be served upon any defendant.[54] - - [54] This notice is to the effect following, _viz._ _A. B. You are - served with this process, to the intent that you may by your attorney - appear in his Majestys court of ---- at the return thereof, being the - ---- day of ---- in order to your defence in this action._ - - - - -CHAPTER IX. - -PLEADINGS. - - -[Sidenote: Creation.] - -One may be bailiff by a simple grant (_i. e._ by parol) or patent or -inheritance, and therefore no need to shew how. _H. 33. H. 6. [3.]_ -_Fitz. Monstrauns de faitz, &c._ 93. and _Br. Bailie_. 2. - -[Sidenote: Patent.] - -[Sidenote: Duchy.] - -[Sidenote: Aid of the King.] - -Where a man justifies distress as the Kings bailiff of his manor, for -rent or services arrear, and prays aid of the King, he shall have it -without shewing patent how he is made bailiff, for he claims to the use -of the King; but where he claims to his own use by the King, there he -ought to shew patent; and it was held by the serjeants, that if a man -justify as bailiff of the King by reason of his manor which he hath by -reason of the duchy of Lancaster, that the defendant shall not have aid -of the King before issue joined. _15 H. 7. 17._ _Br. Ayde del roy_, 51. - -[Sidenote: Corporation.] - -Bailiffs of a corporation (in avowry for beasts taken _damage feasant_) -need not shew how the corporation was incorporated, nor say by their -precept, nor need precept be in writing for such a matter as this. _3 -Lev._ 107. - -[Sidenote: Distress.] - -Bailiff who distrains ought to shew in what right he distrains. _7 H. 4. -28._ _Br. Distresse_, 78. - -[Sidenote: Distress for amerciament.] - -To bailiff justifying distress for amerciament, it sufficeth to take -conusance of the presentment and no more and _non refert_ as to him, -whether it be true or not. _41 Ed. 3. 27._ _24 Ed. 3. 26._ _Cro. Eliz._ -748. - -Bailiff justifying distress for amerciament, in trespass ought to set out -some estreat of the court or warrant from the steward, and justify under -that. _1 Salk._ 108. - -Bailiff justifying distress for amerciament in leet in trespass may plead -_presentatum fuit_ without averring the fact, for _non refert_ as to him -whether the offence was done or not since there was a presentment: a -difference between replevin and trespass; in the first the bailiff is an -actor, and is to recover, which shall be upon the merits; in trespass he -is only to excuse the wrong. _1 Salk. 107._ _3 Salk. 52._ - -[Sidenote: Exchequer.] - -If a man be amerced in the Kings leet, and upon process out of the -exchequer the bailiff distrains him for the amercement, and he brings -trespass, he ought to bring this action of trespass in the office of -pleas of the exchequer, for the bailiff levyed it as officer of this -court. _1 Roll. Abr._ 539. and _vide_ _Lane_, 55. - -[Sidenote: Averment.] - -If bailiff do any thing which touches his bailiwick, as payment of rents -and such like, which are due in right of the manor, it is reasonable that -he should have the averment, but of a thing which doth not touch his -bailiwick it is not reasonable that he should have the averment without -warrantry. _42 E. 3. 6._ _Br. Accompt._ 26. - -Where bailiff of franchise [under _23 H. 6. c. 9._] takes bailbond, to -himself, by the name of his office, sufficient in pleading to shew -generally that he is such a person as had authority to take bail. -_Comyns_, 380. - -Debt upon bond by the plaintiff who was chief bailiff of the liberty of -Pontefract in Yorkshire, but he did not declare as _capital' ballivus_, -but yet by the whole court it was held good; for otherwise the defendant -might have craved _oyer_, and have [had] it entered _in hæc verba_, and -then have pleaded the statute of _23 H. 6._ that it was taken _colore -officii_, but now it shall be intended good upon the demurrer to the -declaration. And _Ellis, J._ said, that so it was lately resolved in this -court in the case of one Conquest. And judgement was given for the -plaintiff. _2 Mod._ 36. - -[Sidenote: Inferior court.] - -Bailiff of an inferior court the process whereof he executes, must shew -the jurisdiction of that court in pleadings. _1 Keble_, 53. - -[Sidenote: Trial.] - -Cary bailiff of Westminster _v._ Buckhurst for entering his liberty and -executing a _fi. fa._ Demurrer that it doth not appear how plaintiff was -seized of the office. Judgement for plaintiff, inquiry of damages to 49l. -Affirmed in error. Upon a trial the right must have been proved if the -defendant had taken issue, and no inconvenience in this form of -declaring. _1 Show_, 17. _Comb._ 31. _S. C._ - -[Sidenote: Tort.] - -Where a bailiff is charged directly with a tort, it ought to be shewn -that he is bailiff of a liberty, who has _Returna Brevium_. _Comyns_, 379. - -[Sidenote: Declaration v. bailiff.] - -Declaration against bailiff of Westminster, because plaintiff doth not -say of what liberty he is bailiff, and whether he hath execution and -return, bad; because otherwise no colour to charge him, and therefore -ought to be specially shewn. _Cro. Car._ 330. - -[Sidenote: Pernor.] - -[Sidenote: Quo warranto.] - -Against a _pernor_ the plaintiff need not shew how he claims the -privilege of return of writs; but in a _quo warranto_ where the defendant -must make a title he ought to shew it. _Hardres_, 423. - -[Sidenote: Return of the writ.] - -Bailiff of a liberty in justification need not shew the return of the -writ. _Cro. Car._ 447. - -[Sidenote: Sheriffs return.] - -_Debt_, to the _capias_ the sheriff returned _non est inventus_, the -plaintiff shewed that the sheriff made a precept to the bailiff of the -franchise to take the body, who took him and delivered him to the -sheriff, which he would aver, _&c._ _Tota curia_, you shall not have this -averment against the return of the sheriff. Nor in any case, but too -little issues by the statute. _H. 2 H. 4. 14._ _Fitz. Averment_, 17. - -In case against a bailiff for the false return of _nulla bona_ upon a -_fieri facias_, the question was upon the evidence at the trial, whether -the bailiff of a liberty shall be concluded in point of evidence by the -return of the sheriff? and _per curiam_, he is concluded; and if the -sheriff makes any other return than that which the bailiff makes to him, -he may have his action against the sheriff; and it was said that Holt, -chief justice, was of this opinion. See _36 Hen. 6. 40 [1.]_ _L. Raym._ -184. - -[Sidenote: Mandate.] - -Upon a demurrer, Powel said that the plea was naught, because it sets -forth a mandate to the bailiff of the liberty, and did not shew that it -was under the hand and seal of the sheriff. _2 Vent._ 193. But see _1 -Ventris_, 46. that on motion to quash a return of a rescous, because it -was _mandavi ballivis_, who took him _virtute warr' præd'_, and it was -said, _mandavi_ did not imply that it was in writing, the exception was -disallowed by the court.[55] - -[Sidenote: County.] - -Where any thing is shewed to be done within a liberty or a franchise, -there it is not necessary to shew within what county that liberty or -franchise doth lie. _Trin. 23. Car. B. R._ For the franchise hath no -relation to the county. _S. P. R._ 404. - - [55] And quære whether mandate be ever pleaded to be under the _hand_ of - the sheriff. - - _Nota_, that _mandavi_ does not mean, and of course should not be - translated, _I have commanded_, but _I have sent to_. The sheriff cannot - _command_ the bailiff of the franchise, having no sort of authority over - him in any case whatever. - - - - -APPENDIX. - - -No. I. - -CAPIAS BILL. - -_Middlesex._ The sheriff is commanded that he take _A. B._ if he may be -found in his bailiwick, and him safely keep, so that he may have his body -before the lord the King, on Wednesday next after fifteen days from the -day of Easter, to answer _C. D._ gentleman, of a plea of trespass; and -also to a bill of the said _C._ against the aforesaid _A._ for one -hundred pounds of debt, according to the custom of the court of the said -lord the King, before the King himself to be exhibited, and that he have -there then this precept. - - -No. II. - -WARRANT TO THE BAILIFF OF THE LIBERTY. - -To the bailiff of the liberty [of the Lord the King] [of his duchy of -_L._] of _E._ - -_Middlesex._ By virtue of the Kings writ issued out of his Majestys Court -of Kings Bench at Westminster, to me directed, I command you that you -take _A. B._ if he may be found in your liberty and him safely keep, so -that you may have his body before the lord the King, on Wednesday next -after fifteen days from the day of Easter, to answer _C. D._ gentleman of -a plea of trespass; and also to a bill of the said _C._ against the -aforesaid _A._ for one hundred pounds of debt, according to the custom of -the court of the said lord the King, before the King himself to be -exhibited. Dated the ---- day of ---- 17--. - -_R._ (the attorneys name.) - -Oath for 59l. and upwards. - -Before you arrest the defendant, beware he is not an ambassador or -servant to an ambassador, or in some other way priviledged or protected. - -Precept signed ---- inst. - - _F. G._ } Sheriff. - _H. I._ } - - -No. III. - -BAILIFFS WARRANT TO HIS UNDER-BAILIFFS. - -_J. K._ esquire, bailiff of the liberty of [the lord the King] of _E._ in -the county of Middlesex, to _L. M. N. O._ and _John Doe_, my deputies, -greeting. By virtue of a precept in writing, under the seal of the -sheriff of the said county, to me directed, I command you and every of -you jointly and severally, that you, some or one of you take _A. B._ if -he shall be found in my bailiwick, and him safely keep, so that I may -have his body before the lord the King, on Wednesday next after fifteen -days from the day of Easter, to answer _C. D._ gentleman of a plea of -trespass; and also to a bill of the said _C._ against the aforesaid _A._ -for one hundred pounds of debt, according, &c. to be exhibited. Dated the ----- day of ---- 17--. - -_R._ - -By the same bailiff. - -Before you arrest, &c. (_as above_.) - -Oath for 59l. and upwards. - -Precept signed ---- inst. - - -No. IV. - -CHIEF BAILIFFS RETURN. - -To _F. G._ and _H. I._ esquires, sheriff of the county of Middlesex. - -_J. H._ esquire, bailiff of the liberty [of the lord the King] of _E._ in -the said county, doth hereby certify and return, that by virtue of a -warrant in writing under the seal of the said sheriff to him the said -bailiff directed, he hath taken the body of _A. B._ which he is ready to -have before the lord the King, (_&c._ _as in the warrant_) as by the said -warrant he is commanded. (_Or thus_: that _A. B._ whom, _&c._ _See the -indenture post._) - -By the same bailiff. - - -No. V. - -Form of an indenture of return between the bailiff of a liberty and the -sheriff, according to the statute of York[56]. - -This indenture made, &c. between _J. K._ esquire, bailiff of the liberty -of the lord the King of _E._ in the county of _M._ of the one part, and -_F. G._ and _H. I._ esquires, sheriff of the said county, of the other -part, witnesseth, that the said bailiff hath certified and returned unto -the said sheriff, that by virtue of a certain warrant in writing under -the seal of the said sheriff to him the said bailiff directed, he the -said bailiff hath taken the body of _G. H._ gentleman, which he will have -ready before the lord the King at Westminster, at the day therein -contained. _Or thus_: which he hath delivered to the said sheriff. _Or -thus_: that _G. H._ gentleman, whom the said bailiff was lately, by a -certain warrant in writing, under the seal of the said sheriff, to him -the said bailiff directed, commanded by the said sheriff to arrest, is -not found in his bailiwick. (_And so of other returns_). In witness, _&c._ - - -No. VI. - -SHERIFFS RETURN. - -By virtue of this writ to me directed, I have commanded _J. K._ esquire, -bailiff of the liberty [of the lord the King] of _E._ in the county of -Middlesex, who hath the full return of all writs, and the execution -thereof within the liberty aforesaid, and to whom the execution of this -writ doth wholly belong to be done, for that no execution in any other -place in my bailiwick out of the said liberty could be made, which said -bailiff answereth that he hath taken the body of the within named _A. B._ -which he hath ready at the time and place within mentioned. _Or thus_: -that the within named _A. B._ is not found in his bailiwick. _Or thus_: -who hath given me no answer. - - -No. VII. - -NON OMITTAS. - -George the third, by the grace of God, of Great Britain, France and -Ireland, King, defender of the faith, and so forth. To the sheriff of -Middlesex, greeting: We command you that you omit not by reason of any -liberty of your county, but that you take _A. B._ if he may be found in -your bailiwick, and him safely keep, so that you may have his body before -us on ---- next after five weeks of Easter, to answer _C. D._ gentleman, -of a plea of trespass and also to a bill of the said _C._ against the -aforesaid _A._ for one hundred pounds of debt, according to the custom of -our court, before us to be exhibited, and have you then there this writ. -Witness, Lloyd Lord Kenyon at Westminster, the ---- day of ---- in the -29th year of our reign. - - [56] The 'compiler' not finding an example of this indenture in any - book, has been tempted to frame something resembling what he conceives - it has been. It is, however, more for curiosity than use, as the bailiff - seems completely deprived of the benefit of the statute by the modern - stamp acts. The effect may nevertheless be attained by a simple - memorandum as follows: BE IT REMEMBERED, that _J. K._ esquire, bailiff - _&c._ hath certifyed and returned unto _F. G._ and _H. I._ sheriff, - _&c._ that by virtue, _&c._ Witness the hands of the said bailiff and - sheriff, the ---- day of ---- 1790. - - -FINIS. - - - Printed by A. Strahan, Law Printer to His Majesty, - Printers-Street, London. - - - - - - -End of the Project Gutenberg EBook of The Office of Bailiff of a Liberty, by -Joseph Ritson - -*** END OF THIS PROJECT GUTENBERG EBOOK THE OFFICE OF BAILIFF OF A LIBERTY *** - -***** This file should be named 54235-8.txt or 54235-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/4/2/3/54235/ - -Produced by MWS, Chris Pinfield and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive/American Libraries.) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. Project Gutenberg is a registered trademark, -and may not be used if you charge for the eBooks, unless you receive -specific permission. If you do not charge anything for copies of this -eBook, complying with the rules is very easy. You may use this eBook -for nearly any purpose such as creation of derivative works, reports, -performances and research. They may be modified and printed and given -away--you may do practically ANYTHING in the United States with eBooks -not protected by U.S. copyright law. Redistribution is subject to the -trademark license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country outside the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - This eBook is for the use of anyone anywhere in the United States and - most other parts of the world at no cost and with almost no - restrictions whatsoever. You may copy it, give it away or re-use it - under the terms of the Project Gutenberg License included with this - eBook or online at www.gutenberg.org. If you are not located in the - United States, you'll have to check the laws of the country where you - are located before using this ebook. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm web site -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from both the Project Gutenberg Literary Archive Foundation and The -Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm -trademark. Contact the Foundation as set forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org - - - -Section 3. Information about the Project Gutenberg Literary Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's principal office is in Fairbanks, Alaska, with the -mailing address: PO Box 750175, Fairbanks, AK 99775, but its -volunteers and employees are scattered throughout numerous -locations. Its business office is located at 809 North 1500 West, Salt -Lake City, UT 84116, (801) 596-1887. Email contact links and up to -date contact information can be found at the Foundation's web site and -official page at www.gutenberg.org/contact - -For additional contact information: - - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works. - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our Web site which has the main PG search -facility: www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. - |