No. V. 3. Geo. IV. c. 46. Sheriff may recover Fines, &c. out of the County where imposed, upon getting his Warrant backed by a Justice of the Peace of the County where theOffender is. Sheriff to return Writ to Quarter Sessions, and in dorse on the Roll what has award such costs charges and expences to be paid by either party to the other, as to the said court shall seem just and reasonable. VII. And be it further enacted, That in all cases where the party incurring any fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall reside in another county, or in any city borough or place having peculiar jurisdiction, or shall have fled into any other county, or into any such city borough or place, after such fine, issue, amerciament, forfeited recognizance, sum er sums of money to be paid in lieu or satisfaction of them or any of them, shall have been incurred, or shall have removed his goods and chattels out of the jurisdiction in which such fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall have been imposed, it shall be lawful for the said sheriff bailiff or officer, and he is hereby rquired, to apply to any Justice of the Peace acting for such county, city, borough, or place into which the party may have fled or removed his goods and chattels, and such justice is hereby required, upon proof on oath of the hand-writing of the sheriff or under-sheriff, hailiff or officer granting such warrant, to indorse his name thereon, which shall be a sufficient authority to the person bringing such warrant, and to all other persons to whom the same may be directed, to execute the same in such other county, city, borough, or place; and in case sufficient distress shall not be found whereon to levy such fine, issue, amerciament, estreated recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, and all costs and charges attending the recovery thereof, then to take the body of the party, and lodge him in the gaol of the county, city, borough, or place in which the forfeiture had been incurred, there to await the decision of the court at the ensuing General or Quarter Sessions. VIII. And be it further enacted, That the said sheriff bailiff or officer shall, at the opening of the court, on the first day of the ensuing General or Quarter Sessions, return the said writ, and shall state on the back of the said roll what shall have been done in the execution of such process; which return, together with a duplicate of the roll of fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, at the of the Process, preceding Quarter Sessions, and the certificate of the court on the back of the roll, stating that due diligence has been exercised on the part of the sheriff, shall be transmitted by the clerk of the peace to the Lords Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland. the Treasury. been done in the Execution which Return, &c. shall be forwarded by Clerk of Stamp Duty. Allowance to Penalty on Not to alter the usual Mode of ap propriating ines. IX. Provided always, and be it further enacted, That none of the proceedings under this Act shall be liable to or charged with any stamp duty. X. And be it further enacted, That the clerk of the peace and other officers shall be entitled to their usual and legal fees on the discharge of any forfeited recognizance, and the said clerk of the peace to an allowance of sixpence for every one hundred words, for all copies of the roll sent to the said Lords Commissioners of the Treasury; and in case any such sheriff, bailiff, officer, or clerk of the peace shall refuse or neglect to do and perform any duty act or thing imposed or required upon or from such sheriff or clerk, bailiff or officer, in manner by this Act directed, then and in every such case, such sheriff, bailiff or officer, or clerk so refusing or neglecting, shall forfeit and pay the sum of fifty pounds, to be recovered by any person or persons who will sue for the same, together with full costs of suit, by action of debt or on the case, in any of His Majesty's Courts of Record at Westminster, wherein no essoign protection wager of law, or any more than one imparlance shall be allowed. XI. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend so as to prevent or interfere with the appropriation of any such fines, issues, amerciaments, forfeited recognizances, sum or sums of money, when so paid or accounted for into the said Court of Exchequer by any such sheriff bailiff or officer; but the same shall and may be applied disposed of and appropriated in such and the like manner as such fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid in lieu or satisfaction of them or any of them, paid into the Exchequer, were applied disposed of and appropriated before the passing of this Act. No. V. 3 Geo. IV. c. 46. XII. Provided also, and be it enacted, That it shall be lawful for the CompensaLords Commissioners of His Majesty's Treasury to make such compen- tions to Offisation as they may think fit, for the loss of any legal fees occasioned to cers. the officers thereof, or to the officers of the court of the Duchy of Lan caster, by this Act. XIII. Provided always, and be it further enacted, That nothing in this Act not to Act contained shall extend or be in any ways prejudicial to the rights prejudice the liberties or privileges of the King's most excellent Majesty, his heirs Rights, &c. of and successors, in right of his Duchy or County Palatine of Lancaster, His Majesty but that the same rights and privileges shall be enjoyed and used in all in the Duchy respects, and to all intents and purposes whatsoever, in the same manner and form as they were before the passing of this Act; any thing herein contained to the contrary notwithstanding. XIV. Provided always, and be it further enacted, That all and every the clerk and clerks of the peace, and all town clerks, within that part of the United Kingdom called England, do and shall, on or before the second Monday after the morrow of All Souls yearly in every year, make and deliver into the Court of Exchequer a true and perfect duplicate on certificate of all such fines, issues, ainerciaments, forfeited recognizances, and sum and sums of money, and other forfeitures whatsoever paid in lieu or satisfaction of them or any of them, as shall be contained in the several rolls or copies which shall be so sent out to the sheriff for the purpose of levying as aforesaid, and which shall have been set, lost, imposed, or forfeited in any of the said sessions of the peace which shall be held before Michaelmas in each year, to the intent that the sheriffs, on their apposals in the sail Court of Exchequer, may be charged in their accounts with the monies levied and received by him or them respectively upon such writs or otherwise, and that all parties entitled to any such fines, recognizances or other forfeitures, or any portion or portions thereof, may be at liberty to claim the same before the foreign apposer of the said Court of Exchequer, according to the ancient course and practice of the said court. XV. Provided always, and be it further enacted, That nothing in this Act contained shall in any sort extend or be construed to extend to the prejudicing the rights and privileges of any bodies politic or corporate, or their successors, or of any iord or lords of any manor liberty or franchise whatsoever; any thing herein to the contrary thereof in anywise notwithstanding. of Lancaster. Clerks of the Peace, &c. to deliver into the Court of Exchequer yearly a Certificate of all Fines, &c. paid, that the Sheriff's may be charged in their Accounts, and that Parties entitled to Fines, &c. may claim the same. Saving Rights of Bodies Corporate, &c. XVI. Provided always, and be it enacted, That nothing in this Act Saving the contained shall extend to or be in any ways prejudicial to the rights, cus- Privileges of toms, privileges, liberties, charter or chaiters of the city of London; but the City of that the said city may enjoy the same accordingly, as they formerly have London. enjoyed the same, in all respects and to all intents and purposes whatsoever, in the same and in as full and ample a manner as they before this Act had enjoyed the same; any thing herein contained to the contrary thereof in anywise notwithstanding. SCHEDULE (A.) GEORGE the Fourth, by the Grace of God, of the United To the Sheriff or Bailiff or Officer (as the case may be) for the County YOU are hereby required and commanded, as you regard yourself and all yours, That you omit not by reason of any liberty in your county,,city No. VI. 4 Geo. IV. c. 37. borough or place, as the case may be, but that you enter the same, and of all the goods and chattels, lands and tenements of all and singular the persons in the several extracts of this writ annexed, you cause to be levied all and singular the debts and sums of money upon them in the same extracts severally imposed and charged, so that the money may be ready for payment at the next General or Quarter Sessions of the Peace, to be paid over in such manner as any two or more of the Lords Commissioners of His Majesty's Treasury may direct; and if any of the said several debts cannot be levied by reason of no goods or chattels being to be found belonging to the parties, then in all cases that you take the bodies of the parties refusing to pay the aforesaid debts, and lodge them in the gaol (of the county city &c.) there to await the decision of the justices assembled at the next General or Quarter Sessions, unless the parties shall have given sufficient security for their appearance at such sessions, for which you will be held answerable, and have you there then this writ. WitKeeper of the Rolls of the County at ness in the in the county of SCHEDULE (B.) Clerk of the Peace. to wit. your sureties the sums of } TAKE Notice, That you of Pounds, and in pounds cach, to appear at the Quarter or General Sessions of the Peace for the county of on the day of next, and unless you personally make your appearance accordingly, the recognizances entered into by yourself and securities will be forthwith levied on you and your bail. Dated this one thousand eight hundred and twenty day of Justice of the Peace. SCHEDULE (C.) 3 G. 4. c. 46. To the Sheriff [Bailiff or Officer, as the case may be] of the county, city, borough or place, as the case may be, of WHEREAS hath appeared before the justices assembled at the General or Quarter Sessions [as the case may be] held at satisfaction of the justices so assembled, that he should be relieved from the payment of the said sum of [or if the penalty is mitigated, state from what part thereof,] you are therefore hereby required delivered to you after the Quarter Sessions held at [No. VI.] 4 George IV. c. 37.—An Act to amend an Act for the more speedy Return and Levying of Fines, Penalties and Forfeitures, and Recognizances estreated.-[ 27th June 1823.] WHEREAS an Act passed in the third year of the reign of His present Majesty, intituled An Act for the more speedy Return and Levying of Fines Penalties and Forfeitures,and Recognizances estreated: And whereas it is expedient that some of the provisions of the said Act should be amended: May it therefore please your Majesty that it may be enacted: and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall be lawful for the justices assembled at any General or Quarter Sessions of the Peace, and they are hereby authorized and required, at the following or any subsequent General or Quarter Sessions held after the return of the Writ and Roll issued from any preceding General or Quarter Sessions, at the opening of the court, to insert or cause to be inserted in any following roll, all such fines, issues, amerciaments, forfeited recognizances, sum or sums of money to be paid in lieu or satisfaction of them or any of them, which have not been duly levied or recovered or properly accounted for by the sheriff bailiff or other officer, or have not been discharged on appeal before the General or Quarter Sessions, or by sign manual warrant or authority of any three or more of the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, and so to continue such process from sessions to sessions, till it shall be duly ascertained, to the satisfaction of the said Commissioners of His Majesty's Treasury, that the party in default has not any goods or chattels, lands or tenements, in the county, division, riding, city, town, or place on which a levy can be made, nor in any other county, division, riding, city, town, or place in Great Britain, and that he is not to be found or that his body cannot be lodged in any of His Majesty's gaols: Provided always, that the said sheriff bailiff or other officer to whom the writ of distringas and capias or fieri facias, or other writ deemed necessary by the justices at any General or Quarter Sessions to meet the exigency of the case, shall be sent by order of the said court, shall keep and detain in his possession the writ or writs so directed to him, and the roll or rolls attached to such writ or writs, delivering to the said Court of General or Quarter Sessions, a copy of such roll or rolls, on the first day of the sitting of the said court, and also a copy of any former roll or rolls, where the fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, shall not have been delivered; and such original writ and roll, or writs and rolls, shall continue in force and effect, and shall be sufficient authority, without any further writ or roll; and such sheriff bailiff or other officer is hereby authorized and required, on quitting his office, to deliver over to his successor, all rolls and writs in his possession, particularizing any fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them, or any of them, in order that the sheriff bailiff or other officer coming into office may use every means in his power for recovering the sums so unpaid, and not charged to his predecessor on the passing of his accounts at the Exchequer, or before any auditor or auditors, or other person duly authorized to pass the same, the officer or officers entrusted with the execution of the process in any county, division, riding, city, town, or place, being first duly and diligently examined on oath by the court, at the delivery of the roll, on the first day of each General or Quarter Sessions, and in case such examination should not then take place, then on the subsequent day; and every such examination shall be duly recorded by the clerk of the peace or town clerk, or other proper officer, in order that such sheriff bailiff or other officer may be chargeable with all sums not satisfactorily accounted for on the final passing of his accounts. No. VI. 4 Geo. IV. c. 37. Justices in Sessions may insert in following Rolls, all such Fines, &c. as have not been levied or accounted for by the Sheriff, &c. or that have not been discharged. Sheriff to detain the original Writs in his Possession, which shall continue in force, and be Authority to act upon. Sheriff on quitting Office to deliver over to his Successor all Rolls and Writs, ing Fines, &c. particularizthat Means may be used for Recovery. Provision of Fines, &c. II. And whereas it is in and by the said recited Act directed, that in all cases where the party incurring any fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall reside in another county, or in any city borough or place having peculiar jurisdiction, or shall have fled into any other county, or into any such city borough or place, after such fine, diction in issue, amerciament, forfeited recognizance, sum or sums of money to be which the paid in lieu or satisfaction of them or any of them, shall have been Fines, &c. had been imposed, repealed, in the Juris No. VI. 4 Geo. IV. c. 37. Where Party subject to Fiues, &c. resides in another County, or has removed, the Sheriff may issue his War rant to the Sheriff acting for the Place where the Defaulter resides, or where his Goods are found, requiring him to execute the Writ. Sheriff, &c. to render au Account yearly of all Persons in &c. incurred, or shall have removed his goods and chattels out of the jurisdiction in which such fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them shall have been imposed, it shall be lawful for the said sheriff bailiff or officer, and he is hereby required, to apply to any Justice of the Peace acting for such county, city, borough, or place into which the party may have fled, or removed his goods and chattels; and such justice is her by required, upon proof on oath of the handwriting of the sheriff or under sheriff bailiff or officer granting such warrant, to endorse his name thereon, which shall be a sufficient authority to the person bringing such warrant, and to all other persons to whom the same may be directed to execute the same in such other county, city, borough, or place; and in case sufficient distress shall not be found whereon to levy such fine, issue, amerciament, estreated recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, and all costs and charges attending the recovery thereof, then to take the body of the party, and lodge him in the gaol of the county, city, borough, or place in which the forfeiture had been incurred, there to await the decision of the court at the ensuing General or Quarter Sessions: And whereas such provision has been found ineffectual for the purposes thereby intended, and it is necessary that better provisions should be made for that purpose; be it therefore enacted, That so much of the said recited Act shall be repealed, and is hereby declared to be null and void, to all intents and purposes whatever. III. And be it further enacted, That in all cases where the party incurring or subject to any fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall reside or shall have fled or removed from or out of the jurisdiction of the sheriff bailiff or other officer, in which any such fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall have been incurred imposed, or forfeited, or become due, it shall be lawful for such sheriff bailiff or other officer, and he is hereby authorized and required to issue his warrant, together with a copy of the writ, directed to the sheriff bailiff or other officer acting for the county, riding, city, borough, or place in which such person shall then reside or be, or in which any goods or chattels or other property shall be found, requiring such sheriff bailiff or other officer to execute such writ, and every such last-mentioned sheriff bailiff or other officer, is hereby authorized and required to act in all respects under such warrant, in the same manner as if the original writ had been delivered to him by order of the court of the General or Quarter Sessions of the county, riding, city, borough, or place for which such sheriff bailiff or other officer shall act; and the said. sheriff bailiff or other officer is hereby required, within thirty days after the receipt of such warrant, to return to the sheriff bailiff or other officer, from whom he shall have received the same, what he shall have done in the execution of such process, and whether the party shall have given good and sufficient security to appeal at the ensuing General or Quarter Sessions to be held for the county, riding, city, borough, or place from which the writ issued; and in case a levy shall have been made, to pay over all monies received in pursuance of the warrant to the sheriff bailiff or other officer from whom he shall have received the same. IV. And be it further enacted, That every sheriff bailiff or other officer acting for any county, division, riding, city, borough, or place, shall and he is hereby required to make up or cause to be made up annually, and immediately after the expiration of the year for which he shall act, or after the usual period for making up his account, in case he shall act curring Fines, under any grant, appointment or other authority for a longer period than one year, an account in writing, containing the names and residences of all persons incurring fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, which he has been authorized or required to levy by virtue of any writ or writs issued to him, or to any predecessor in office; and in case any fine, issue, anerciament, forfeited recognizance, sum or |