land. s. 13. Ir. 25 Geo.3. c.36. s. 1. Ir. s. 2. Further oath at virtue of a commission or dedimus, or by the barons of the exchequer, or one of them, when the sheriff desires to be sworn in town. And the same oath is required to Same oath by be administered in like manner to all sheriffs in Ireland sheriffs in Ire- \ by the 12 Geo. 1. c. 4. s. 13—15 Ir.; but the 25 Geo. 3. 12 Geo. 1. c. 4. c. 36. Ir. has amended the 12 Geo. 1. by providing that in future the said oath shall be administered by the barons of the exchequer or any of the judges of K. B. or C. B. or any one of them; and further enacts (s. 2.) that upon the 2d day of each spring assizes in every year, there shall be administered in open court, by the judge who shall pre- assizes. side in the crown court, at every assizes, to the high sheriff, sub-sheriff or under sheriff of such county where such assizes shall be had, the following oath :—“I, A. B. high sheriff, sub-sheriff, or under sheriff of the county of -(as "the case shall be) do swear, that I have during the time "I have been in the office of high-sheriff, sub-sheriff, "or under-sheriff, of the county of(as the case "shall bej faithfully and honestly, according to the best "of my skill and judgment, executed, and that I will "whilst I continue in the said office execute, according "to the best of my skill and judgment, all executions, "writs, process, orders, or warrants which already have, "`or shall hereafter come into my hands, or to be lodged "in my office, and make speedy, and to the best of my "judgment, proper returns, to such of them as are by "law returnable, to the courts from whence they re"spectively issued; and that I will take, or cause to be "taken, all inquisitions, fairly and openly, giving such "notice as the law requires to such persons as are parties "to such suits, and duly return such inquisitions; and "that I will impannel and return all jurors, or tales ju 66 rors, without partiality or favour, and not at the no"mination or direction of any of the parties concerned, ❝or any person on their behalf, but will do equal right "to the poor and rich; and that I will truly set and return "all issues of such as are within my bailiwick, according "to their estates and circumstances, and that I will not "remit or delay, or decline doing any part of the duty "of my office, by reason of any reward or gratuity, or "promise 5. 3. s. 4. promise of any reward or gratuity; nor will I take re"ceive or demand any fee whatsoever, but what I am en"titled to receive by the laws and statutes of this realm." By s. 3. if the high-sheriff, &c. or any of them, shall not attend at such lent assizes, then the said oath shall be administered to such sheriff, &c. on the 2d day of the summer assizes. But by s. 4. if such sheriff, &c. shall refuse or neglect to take such oath either at the lent or Penalty for refusal or neglect. summer-assizes, he shall forfeit £100. to be recovered by action of debt, &c. in any court of record in Dublin, one moiety thereof to the use of the person suing, &c. and the other to the use of the public infirmary of the county. And this act, s. 5. recites that it is expedient to extend the provisions of the 12 Geo. 1. c. 4. to cities as well as counties, and enacts that every sheriff of every city shall, before his admission into office, take before the person who is to admit him into said office, in addition to the.. other oaths required by law, the following oath :—“ I, έσ A. B. sheriff of the city ofdo swear, that I will "faithfully and honestly without favour or affection to s. 5. Qat of sheriffs ⚫f cities. s. 6. any person whatsoever, to the best of my understanding. "and power, execute the duties of my said office; and "particularly that I will without delay duly execute all "writs, process, and executions, and all orders and war rants, that shall be delivered to me or lodged in my "office, and make true and speedy returns, to such of "them as are by law returnable, to the courts from "whence they respectively issue; and that I will take, or cause to be taken, all inquisitions fairly and openly, giving such notice as the law requires, and duly return "such inquisitions; and that I will return and impannel “all jurors, and tales jurors, without partiality or favour; "and that I will do equal justice to poor and rich; and "that I will not take or receive any fee, reward, or gratuity whatsoever, for doing or not doing any part of "the duty of my said office, except what I am by law "entitled to receive." And by s. 6. such sheriff shall in case of neglect or refusal to take said oath forfeit £100.... Penalty for refuse or neglect. (to be recovered as by s. 4.) one moiety to the informer, and the other to the use of the infirmary of the city, if such such there be, or if not, then to the infirmary of the county in which such city is situated. 28 Edw. 3. c. 7. E. & I. 42 Edw. 3. c. 9. E. & I. The provision of the 14. Edw. 3. st. 1. c. 7. E. & L. Their duration in office. which limited the duration of the office of sheriff to one 14w. 3. st. 1. year, was also contained in the 28 Edw. 3. c. 7. E. & I. c. 7. E. & F. which ordained that they should be removed every year: and by the 42 Edw. 3. c. 9. E. & I. no sheriff, under sheriff, or sheriff's clerk is to abide in his office above one 1 Ric. 2. c. 11. year. The Ric. 2. c. 11. E. & L. further enacts that E. & I. none that hath been sheriff of any county a year, shall be within the next 3 years chosen again, or put in the same office, if there be other sufficient. The 14 Edw. 3. E. & I. c. 7. 42 Edw. 3. c. 9. and I Ric. 2. c. 11. are enforced 23 Hen. 6. c.7. by the 23 Hen. 6. c. 7. E. & L. and required to be observed in every county, except in such where persons were inheritable to the office of sheriff, or had an estate of freehold in such office: and this act contains other exceptions as to the under sheriffs and other officers within the city of London; and further enacts that if any. sheriff or under sheriff or sheriff's clerk shall occupy the office contrary to the said recited statutes, he shall forfeit £200. yearly so long as he so occupies the same: and any liege man may recover said forfeiture by action of debt, in his own name; one moiety thereof to his own use, and the other to the use of the king; and any pardon for such offence shall be void. This act further declares void all patents of said offices for term of years, for life, or in fee; any clause of non obstante therein notwithstanding. The 12 Edw. 4. c. 1. E. & I. recites that 12 Edw. 4. c. 1. though the king's letters patent for the appointment of sheriffs most commonly bear date the 6th day of November, yet the sheriffs did not get their patents, or take their oaths, until a long time after the end of Michaelmas Term, but yet durst not return any writ or precept after the year that their patents bare date; this statute therefore provides that if the sheriff of any county do execute or return any writ, precept, or warrant, within Michaelmas Term, though after the 6th day of November, if before any writ of discharge shall be delivered to him of his sheriffivick, he shall not be damnified by force of the 23 Hen. E. & I. E. & I. 23 Hen. 6. c. 7. nor charged with the penalty therein contained, although he hath occupied said office after any of the days of return called Crastino Martini, Octabis 17 Edw. 4. c. 7. Martini, or Quindena Martini. And the 17 Edw. 4. c. 7. E. &. I. further provides that sheriffs may not only execute and return the writs, precepts, or warrants of the king's courts, but may also do and execute every other thing appertaining to said office, as well during the term of St. Hilary, as of St. Michael, unless previously discharged of said office. Their incapacity to act as justices of the peace. c. 8. Eng. The 1. Mar. st. 2. c. 8. Eng. enacts that no person, sheriff of any county, shall use or exercise the office of 1 Mar, st. 2. justice of the peace, by force of any commission or otherwise, in any county where he shall be sheriff, during the time that he shall exercise said office of sheriff; but every act done by any sheriff by authority of any com7 W. 3. c. 13. mission of the peace shall be void. And the 7 W. 3. s. 3. Ir. Sheriff's expenses restrained 13 & 14 Car. 2. s. 21. Eng. s. 2. Sheriff's accounts. c. 13. Ir. contains a similar provision (s. 3.) but extends also to sub-sheriffs and imposes a penalty of £20. on every sheriff or sub-sheriff, who shall act contrary thereto, one moiety to the king, and the other to such person as shall sue for the same by action of debt, &c. in any court of record at Dublin. The 13 & 14 Car. 2. c. 21. Eng. enacts, that no sheriff for any county shall, in the time of assizes, keep a table for entertainment of any persons other than those of his own family or retinue; nor shall send in any present to any judges of assize for their provision, nor give any gratuity to their officers or servants; and that no sheriff shall have more than 40 men servants with liveries attending upon him at the time of the assizes, nor under 20 men servants in England, nor under 12 in Wales; upon pain to forfeit £200. But by s. 2. the sheriffs of London and Middlesex and of Westmoreland and of any other city or town are excepted. No Irish act contains any such provisions. There are many statutes ancient and modern which respect sheriffs as the king's bailiffs, and as such accountable for the king's rents, ferms, and casual rel venue; these acts contain various minute provisions with regard regard to the mode of accounting, and as to the fees payable thereon, which do not fall within the scope of this work. To this head are to be referred the 27 Edw. 1. st. 1. c. 2.-1 Hen. 4. c. 11.-4 Hen. 5. c. 2.—34 & 35 Hen. 8. c. 16.-2 & 3 Edw. 6. c. 4.-8 Eliz. c. 16.— 21 Jac. 1. c. 5.- -13 & 14 Car. 2. c. 21.-3 Geo. 1. c. 15. -32 Geo. 2. c. 14.-and 7 Geo. 3. c. 29. English-and the 7 W. 3. c. 13.-12 Geo. 1. c. 4.- -23 Geo. 2. c. 13, - and 32 Geo. 2. c. 14. Irish,; but I shall content. myself with stating a few only of their provisions. By the 3 Geo. 1. c. 15. s. 3. Eng. and 12 Geo. 1. c. 4. s. 2. & 3. 3 Geo. 1. c. 15. Ir.. all sheriffs who shall levy any debts, duties, or money, 12 Geo. 1. c.4 (except post fines) due to his majesty, by process directed s. 2. & 3. Ir. to them upon the summons of the pipe or greenwax, or by levari facias out of the exchequer, shall have an allowance in their accounts of 12d. out of s. 3. Eng. every 20s. for any sum not exceeding £100. by them levied, and of 6d. for every 20s. above the first £100.; and for all debts, &c. (except post fines) due to his majesty, by process or fieri fucias and extent issuing out of the exchequer, 1s. 6d. out of every 20s. for any sum not exceeding £100.; and 12d. for every 10s. above the first £100.; provided such sheriff shall duly answer for the same upon his account, by the day on which he ought to be dismissed the court, or in the time to which he shall have a day granted to finish his accounts [*by warrant signed by the chief baron or one *By the court, 12Geo.1.c.4.r. of the barons.] These acts also regulate the process to compel sheriffs to account. By the 3 Geo. 1. c. 15. s. 5. and 3 Geo. 1. c. 15. 12 Geo. 1. c. 4. s. 4. no sheriff or under sheriff shall be attached for not being apposed on any writ or process, or for any neglect or contempt relative to his accounts, but by writ under seal of the exchequer, or by warrant signed by the chief baron, or in his absence by one of the barons, and to be executed by the [† marshal] or his deputy, in + Pursuivant in which warrant the name of such sheriff, &c. shall be .. inserted, and his offence specified: and the 7 W.3. Ir. has followed the 21 Jac. 1. c. 5. Eng. in providing 21 Jac. 1. e. 5. that every sheriff, who shall pass his accounts and have ▼W.3.c.13. L. his quietus est, his heirs, &c. shall be discharged of all sums which he shall have levied or received, though pretended c. 13: s. 5. Eng. the 12 Geo. L. Eng. |
