No. XXII. 8 & 9 W. III. c. 27, Prisoner in ex ecution escaping, may be retaken by any new capias. Keeper refusing to shew prisoner, it shall be an escape. ap 8 Anne, c. 14. If any lessee, &c. shall fraudulently carry off goods, &c. the lessor, &c. may within five days after seize such goods, &c. and sell the same as if they had been distrained. 3 G. I. c. 15. Sheriffs levying debts, &c. (except post fines) [No. XXII.] 8 & 9 William III. c. 27.-An Act for the more effectual Relief of Creditors in Cases of Escapes, and for preventing Abuses in Prisons and pretended privileged Places. VII. AND be it further enacted and declared by the authority aforesaid, That if at any time after the said first day of May, any prisoner who is or shall be committed in execution to either or any of the said respective prisons, shall escape from thence by any ways or means howsoever, the creditor or creditors, at whose suit such prisoner was charged in execution at the time of his escape, shall or may retake such prisoner by any new capias, or capias ad satisfaciendum, or sue forth any other kind of execution on the judgment, as if the body of such prisoner had never been taken in execution. VIII. And be it further enacted by the authority aforesaid, That if the said marshal or warden for the time being, or their respective deputy or deputies, or other keeper or keepers of any other prison or prisons, shall, after one day's notice in writing given for that purpose, refuse to shew any prisoner committed in execution to the creditor at whose suit such prisoner was committed or charged, or to his attorney, every such refusal shall be adjudged to be an escape in law. [See the Act at length, ante, Class III. No. 17]. [No. XXIII.] 8 Anne, c. 14.-An Act for the better Security of Rents, and to prevent Frauds committed by Tenants. [At length, infra.] II.AND be it further enacted by the authority aforesaid, That in case any lessee for life or lives, term of years, at will or otherwise, of any messuages, lands, or tenements, upon the demise whereof any rents are or shall be reserved, or made payable, shall, from and after the said first day of May, fraudulently or clandestinely convey or carry off or from such demised premises, his goods or chattels, with intent to prevent the landlord or lessor, from distraining the same for arrears of such rent so reserved as aforesaid, it shall and may be lawful to and for such lessor or landlord, or any person or persons by him for that purpose lawfully impowered within the space of five days next ensuing such conveying away or carrying off such goods or chattels as aforesaid, to take and seize such goods and chattels wherever the same shall be found as a distress for the said arrears of such rent; and the same to sell or otherwise dispose of, in such manner, as if the said goods and chattels had actually been distrained by such lessor or landlord, in and upon such demised premises for such arrears of rent, any law, custom, or usage to the contrary in any wise notwithstanding. [See the Act at length, post Title Distress, Replevin, &c.] [No. XXIV.] 3 George I. c. 15.-An Act for the better regulating the Office of Sheriffs, and for ascertaining their Fees, and the Fees for suing out their Patents, and passing their Accounts. III. AND be it enacted by the authority aforesaid, That from and after the ninth day of July in the year of our Lord One thousand seven hundred and seventeen, all sheriffs who shall levy any debts, duties, or sums of money whatsoever, except post fines, due or hereafter to become due to the King's Majesty, his heirs or successors, by process to them directed upon the summons of the pipe or green wax, or by levari facias, out of the Court of Exchequer, shall from c. 15. to have 1s. per time to time, for their care, pains and charges, and for their encourage- No. XXIV. ment therein, have an allowance upon their accounts of twelve-pence 3 George I. out of every twenty shillings for any sum not exceeding one hundred pounds so by them levied or collected; and the sum of sixpence only for every twenty shillings over and above the first one hundred pounds; and for all debts, duties and sums of money, except post fines due or to become due to his Majesty, his heirs and successors, by process on fieri facias and extent issuing out of any of the offices of the Court of Exchequer, the sum of one shilling and sixpence out of every twenty shillings, for any sum not exceeding one hundred pounds so by them levied or collected; and the sum of twelve pence only for every twenty shillings over and above the first one hundred pounds: Provided always, such sheriff shall duly answer the same upon his account by the general sealing day of such term in which he ought to be dismissed the court, or in such time to which he shall have a day granted to finish his said accounts, by warrant signed by the Lord Chief Baron, or one of the barons of the coif of the said court for the time being, and not otherwise. pound for the first 1007. and 6d.forevery20s. above thatsum; and on process by fi.fa. and extent, to have ls. 6d. per 17. for the first 1007. and 1s. per 17. above. Provided heanswer the same on his account. XVI. And for ascertaining the fees for executing of writs of elegit, so far as the same relate to the extending of real estates, and for ascertaining the fees for executing of writs of habere facias possessionem aut seisinam; Be it enacted by the authority aforesaid, That from and No sheriff, &c. after the last day of Michaelmas term in the year of our Lord One shalltakeabove thousand seven hundred and seventeen, it shall not be lawful for any 1s. per 17. of sheriff, under-sheriff, deputy-sheriff, or their bailiffs, or for the bailiff the yearly of any franchise or liberty, or any of them, by reason or colour of value of any their office or offices, or by reason or colour of their executing of any manor, &c. writ or writs of habere facias possessionem aut seisinam, to demand, where the 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 twelvepence for every twenty shillings 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 one hundred pounds, and the sum of sixpence only for every twenty shillings per annum over and above the said yearly value of one hundred pounds. By 8 Geo. I. c. 25. s. 5. no more is to be taken on an extent and XVII. And whereas it often happens that small sums only are remaining due upon judgments, statutes and recognizances given, acknowledged and entered into for great sums and penalties, and nevertheless in these cases upon executing of writs of capias ad satisfaciendum, the sheriff demands and takes for his fees poundage for the whole money for which such judgments, statutes, or recognizances, are entered or acknowledged; which poundage often far exceeds the • debts due to the plaintiffs in such writs: For remedying of which grievance and inconvenience, Be it enacted by the authority aforesaid, That from and after the said last day of Michaelmas term, One thousand seven hundred and seventeen, poundage shall in no case be demanded or taken upon executing of any writ of capias ad satisfaciendum, or upon charging any person in execution by virtue of such writ, for any greater sum than the real debt bona fide due and claimed by the plaintiff amounteth unto; which sum the plaintiff shall be and is hereby obliged to mark and specify on the back of such writ, before the same be delivered to the sheriff to be executed; and in case any sheriff, under-sheriff, deputy-sheriff, bailiff or other person shall offend against the true meaning hereof, by taking any greater fees, gratuity or reward, than is hereinbefore allowed, every such person so offending as aforesaid, and being thereof lawfully convicted, shall be adjudged, deemed and taken, and is hereby adjudged, deemed and taken to be guilty of extortion, injustice and oppression; and all and every such person and persons being thereof lawfully convicted as aforesaid, shall for every such offence forfeit to the party aggrieved treble damages, and whole exceeds not 1001. per аппит, and 6d. only for every 20s. above the said yearly value. liberate. Foundage shall not be taken for executing any ca. sa. &c. (ofwhich part is paid) for any greater sum than what remains due to the plaintiff, who is to mark the same on the back of thewrit. And anysheriff, &c. offending, is guilty of extortion, &c. and shall forfeit to the party grieved the treble damages, c. 15. and double the sum so extorted; and also 2001. No. XXIV. double the sum so extorted; which said damages and penalties shall 3 George I. be ordered, decreed and given to the said aggrieved party, by the Court out of which such writ or writs issued, upon complaint and proof of such extortion made and exhibited before the judges of such court, in such short and summary way and method as to them shall seem meet; and over and above the said damages and penalties, every such person so offending and convicted as aforesaid shall forfeit the sum of two hundred pounds; one moiety whereof shall be to the King's Majesty, his heirs and successors, and the other moiety thereof to such person or persons as shall sue for the same; to be recovered by action of debt, bill, plaint, or information in any of the courts of record at Westminster, in which no essoign, protection or wager of law shall bẹ allowed, nor any more than one imparlance: Provided such suit be commenced within two years after such offence committed, and not otherwise; and provided likewise, That no person be sued or prosecuted by virtue of this Act for any offence of this kind committed before the said last day of Michaelmas term One thousand seven hundred and 19. 8 Geo. I. c. 25. 23 Henry 8. c. 6. In what manner the rolls appointed by23 H.8. c. 6. to be made of recognizances in the nature of a statute-staple, shall be varied. · seventeen. [.No. XXV. ] 5 George I. c. 13.-An Act for the [No. XXVI. ] 8 George I. c. 25.-An Act for sup- 8 Geo. I. c. 25. the time being; and that at the time of every such acknowledgment, No. XXVI. the respective persons before whom such recognizances shall be taken, and also the party and parties acknowledging the same, shall also sign their respective names to the roll or inrolment of every recognizance so taken under the inrolment thereof, as well as sign and seal the same recognizance; and that all the said three rolls so signed shall at the end of every year be fixed together, and be thereby made one roll, as accustomed, and be and remain in the custody of the clerk of the recognizances, or his deputy, in his public office in London or Middlesex, who shall keep a docket to refer to the said roll or rolls, for the benefit of searches by purchasers and others (as used to be) to which docket also shall be added the day, month, and year of every such acknowledgment. II. And be it further enacted by the authority aforesaid, That in case any loss or damage shall happen to any such recognizance, the same shall and may, from any of the said rolls, so to be kept in the custody of the said clerk, or his deputy, in order to have process thereon, be by him or them, by certificate under his or their seal, certified into Chancery in like manner as recognizances by the said recited Act are directed, and as if the said recognizance had not been lost or damaged; and that to such certificate, and all other certificates of such recognizances, shall be annexed a true transcript of the entry of such recognizance to be taken from the said roll or rolls in his or their custody; and further, that in case of any such loss or damage, a like certificate, with such transcript annexed as aforesaid, shall be made, and be left and remain with the Clerk of the Petty-Bag-Office in Chancery, and shall be as good and effectual as if the said recognizance under seal had been left in the same office, as hath been used upon the issuing out of process in the same office; and that in order to prove such statutes and recognizances, in case of any loss or damage, a true copy or copies from the said roll or rolls, in the custody of the said clerk, or his deputy, made and signed by the said clerk or his deputy, and duly proved, shall be deemed good evidence of such recognizances, and be of the same validity, to all intents and purposes, as if the said original recognizances were produced under seal. Clerk of the recognizances to keep a docquet for search ers. Any loss hap pening to such recognizance, shall be certified into Chancery. A transcript of the entry to be annexedto such certificate; and in case of loss. a copy shall be good evidence. III. And whereas by the said statute of the twenty-third of King Henry the Eighth, there was due to his Majesty a fee of one halfpenny in the pound (according to the value or sum entered into and ⚫ contained in every such recognizance) to be paid on sealing the first process on every such recognizance, as in the said Act is appointed, which is very heavy on every prosecutor on every such recognizance, by reason such sum so entered into is sometimes only intended as a penalty for the payment of a lesser sum, or for securing damages for the non-performance of covenants, or otherwise; And whereas the ⚫ fees and charges taken or demanded by sheriffs in getting an extent or execution, and liberate and possession or seisin, executed on every such recognizance, are very expensive, in regard the same are not set⚫tled:' For remedy in all and every the said cases, Be it further enacted by the authority aforesaid, That the prosecutor of every such recognizance shall, at the time of suing out the first process, or a writ of extent thercon, deliver in to the officer (who shall make out such process or extent) a note in writing under his hand, testifying the sum or value of the damages thereby intended to be extended or levied thereon, which sum or value the said officer shall insert in the said writ to be only extended or levied thereon, and no more; and that the said poundage of One halfpenny one halfpenny, payable on all process as aforesaid, shall be taken and per pound only, paid only for every pound, according to the said sum or value so in- to be taken as serted, and intended to be extended or levied as aforesaid, and not poundage. otherwise. IV. Provided always, and it is hereby further enacted by the authority aforesaid, That in case it shall, at any time or times before or after the filing or returning of any liberate or liberates sued out on any such extent or extents, be made appear to the Court of Chancery, that suffi The prosecutor shall deliver into the office a note testifying thesum intend ed to be extended. In what cases the chancery may award re extents. No. XXVI. No sheriff shall take more fees than are appointed by the Act 3 Geo. I. c. 15. sec. 16. c. 29 Eliz. c. 4. cient has not been extended or levied, or sufficiently extended and levied, to satisfy such recognizance, or that any omission, error or mistake, has happened in making, suing out, executing or returning any of the said writs, or any process thereupon; or should it happen that any lands, tenements or hereditaments, shall hereafter be evicted from any person or persons, who shall have extended the same by virtue of any such writ or process as aforesaid; that then and in every such case the said Court of Chancery shall and may award one or more reextent or re-extents for the satisfying the same as aforesaid, and that writs of liberate or liberates may be sued out thereupon; any law or statute to the contrary thereof in anywise notwithstanding. V. And be it further enacted by the authority aforesaid, That no sheriff of any county shall take for the extent and liberate, and habere facias possessionem or seisinam, on the real estate, and levy on the personal estate, by virtue of such extent, any more than the same fees as are appointed by an Act made in the third year of his present Majesty's reign, intituled, "An Act for the better regulating the Office of Sheriffs, and for ascertaining their Fees, and the fees for suing out their Patents and passing their Accounts," for executing a writ of elegit and habere facias possessionem or seisinam, under the like penalties and forfeitures, and to be in like manner recovered against every sheriff or person therein offending, as the same are mentioned and appointed in and by the same Act. [The remainder of this infra.] [ No. XXVII. ] 32 George II. c. 28.-An Act for the Relief of Debtors with respect to the Imprisonment of their Persons; and to oblige Debtors, who shall continue in Execution in Prison beyond a certain time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of and deliver upon Oath, their Estates for their Creditors' Benefit. [Inserted Class III. No. 29.] [No. XXVIII. ] 7 George III. c. 29.-An Act for explaining an Act made in the twenty-ninth Year of the Reign of Queen Elizabeth, to prevent Extortion in Sheriffs, Under-Sheriffs, and Bailiffs of Franchises or Liberties, in Cases of Execution. 7 George III. WHEREAS by an Act made in the twenty-ninth year of the reign of Queen Elizabeth, intituled, "An Act to prevent extortion in 'sheriffs, under-sheriffs, and bailiffs of franchises or liberties, in cases of execution," it is, amongst other things, enacted, That it shall not be lawful to or for any sheriff, under-sheriff, bailiff of franchises or liber⚫ties, nor for any of their officers, ministers, servants, bailiffs, or depu'ties, nor for any of them, by reason or colour of their or either of their office or offices, to have, receive, or take, of any person or per'sons 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 in this present Act is and shall be limited and appointed, which shall be lawful to be had, received, and taken; that is to say, twelvepence of and for every twenty shillings, where the sum exceedeth not one hundred pounds; and sixpence of and for every twenty 'shillings, being over and above the said sum of one hundred pounds, that he or they shall so levy or extend, and deliver in execution, or take the body in execution for, by virtue and by force of any such ' extent or execution whatsoever: And whereas, as the law now stands, |