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c. 46.

No. V. award such costs charges and expences to be paid by either party to the 3. Geo. IV. 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 Sheriff may

reside in another county, or in any city borough or place having peculiar recover Fines, &c. out of the jurisdiction, or shall have fled into any other county, or into any such city County where borough or place, after such fine, issue, amerciament, forfeited recognizance, imposed, upon

sum er sums of money to be paid in lieu or satisfaction of them or any of getting his

them, shall have been incurred, or shall have removed his goods and Warrant chattels out of the jurisdiction in which such fine, issue, amerciament, backed by a forfeited recognizance, sum or sums of money to be paid in lieu or Justice of the satisfaction of them or any of them, shall have been imposed, it shall be Peace of the

lawful for the said sheriff bailiff or officer, and he is hereby rquired, to County where apply to any Justice of the Peace acting for such county, ciiy, horough, theOffender is.

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, bailiff 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. Sheriff to re- VIII. And be it further enacted, That the said sheriff bailiff or officer turn Writ to

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 sions, and in. back of the said roll what shall have been done in the execution of such dorse on the

process; which return, together with a duplicate of the roll of fines, Roll what has

issues, amerciaments, forfeited recognizances, sum or sums of money been done in

paid or to be paid in lieu or satisfaction of them or any of them, at the the Execution of the Process, preceding, Quarter Sessions, and the certificate of the court on the back which Return,

of the roll, stating that due diligence has been exercised on the part of &c. shall be

the sheriff, shall be transmitted by the clerk of the peace to the Lords forwarded by Commissioners of His Majesty's Treasury of the United Kingdom of Clerk of Great Britain and Ireland. the Peace to the Treasury. Proceedings IX. Provided always, and be it further enacted, That none of the pronot liable to

ceedings under this Act shall be liable to or charged with any stamp Stamp Duty.

duty. Allowance to X. And be it further enacted, That the clerk of the peace and other Sheriff and

officers shall be entitled to their usual and legal fees on the discharge of Clerk of the

any forfeited recognizance, and the said clerk of the peace to an allowPeace on

ance of sixpence for every one hundred words, for all copies of the roll Sums levied.

sent to the said Lords Commissioners of the Treasury; and in case any Penalty on such sheriff, bailiff, officer, or clerk of the peace shall refuse or neglect to do Sheriff, &c. for Neglect,

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 501.

and in every such case, such sheriff, bailiff or officer, or clerk so refusing or neglecting, shall forseit and pay the sum of fifiy 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. Not to alter

XI. Provided always, and be it enacted, That nothing in this Act conthe usual

Quarter Ses.

tained shall extend or be construed to extend so as to prevent or interfere Mode of ap- with the appropriation of any such fines, issues, amerciaments, forfeited propriating

ines.

recognizances, sum or sums of money, when so paid or accounted for

No. V. inioihe said Court of Exchequer by any such sheriff bailiff or officer; but

3 Geo. IV. the same shall and may be applied disposed of and appropriated in such and the like manner as such fines, issues, amerciamenis, foi feited recog

C. 46. nizances, 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.

XII. Provided also, and be it cnacted, That it shall be lawful for the Compensa. Lords Commissioners of His Majesty's Treasury to make such compen- tions to Ofti. sation 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 Lancaster, 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 liberiies 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

of Lancaster. 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 Clerks of the the clerk and clerks of the peace, and all town clerks, within that part Peace, &c. to of the United Kingdom called England, do and shall, on or before the deliver into second Monday after the morrow of All Souls yearly in every year, make the Court of and deliver into the Court of Exchequer a true and perfect duplicate on Exchequer certificate of all such fines, issues, ainerciaments, forfeited recognizances, yearly a Cerand sum and sums of money, and other forfeitures whatsoever paid in tificate of all lieu or satisfaction of thein or any of them, as shall be contained in Fines, &c. the several rolls or copies which shall be so sent out to the sheriff for the paid, that the

Sheriff's

may purpose of levying as aforesaid, and which shall have been set, lost, im

be charged in posed, or forteited in any of the said sessions of the peace which shall be their ACheld before Michaelmas iu each year, to the intent that the sheriffs, on counts, and their apposals in the sail Court of Exchequer, may be charged in their that Parties accounts with the monies levied and received by bim or ihem

respec- entitled to tively upon such wiits or otherwise, and that all parties entitled to any fines, &c. such fines, recognizances or other forfeitures, or any portion or portions may claim the thereof, inay be at liberty to claim the same before the foreign apposer of same. 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 Saving Rights Act contained shall in any sort extend or be construed to extend to the of Bodies Corprejudicing the rights and privileges of any bodies politic or corporate, or porate, &c. 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

XVI. Provided always, and be it enacted, That nothing in this Act Saving the contained shall extend io or be in any ways prejudicial to the rights, cus. Privileges of toms, privileges, liber:ies, 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

Kingdom of Great Britain and I, eland, King, Defender of

the Faith; To the Sheriff or Bailiff or Officer (as the case may be) for the County

[or city borough or place, as the case may be] greeting. 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

of

No. VI. borough or place, as the case may be, but that you enter the same, and 4 Geo. IV. of all the goods and chattels, lands and tenements of all and singular the c. 37.

persons in the several extracts of this writ annesed, 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 inaniner 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 loilge them in the gaol (of the county city &c.) ihere to await the decision of ihe 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. Wit

Keeper of the Rolls of the County at in the county of

the

day of
in the
Year of our Reign.

Clerk of the Peace.

ness

of

}

to wit.

your sureties

SCHEDULE (B.)
TAKE Notice, That you
are bound in the sum of

Pounds, and

in the sums of

pounds cach, to appear at the Quarter or General Sessions of the Peace for the county of to be holden at

day of next, and unless you personally make your appearance accordingly, the recognizances entered into by yourself and securities will be forth with levied on you and your bail. Dated this

one thousand eight hundred and twenty

on the

day of

Justice of the Peace.

on the

SCHEDULE (C.)
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 the

day of has forfeited the sum of

[here describe the nature of the fine or forfeiture),

and having made it appear to the 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 to discharge the said sum of

from the estreat roll delivered to you after the Quarter Sessions held at discharge this warrant shall be your authority, and shall exonerate you from the said charge on the final passing of your accounts at the Exchequer, or before any other officer duly authurized to pass such account.

By Order of the Court.

for which

(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 1923.]
WHEREAS an Act passed in the third year of the reign of this

present Majesty, intituled An Act for the more speedy Return and Levying of Fines Penalties and Forfeitures, and Recognizunces estreated: And whereas it is expedient that some of the provisions of the said Act should

3 G. 4. c. 46.

c. 37.

be amended : May it therefore please your Majesty that it may be enacted: No. VI. and be it enacted by the King's most excelleni Majesty, by and with the 4 Geo. IV. 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; Sessions may at the following or any subsequent General or Quarter Sessions held after the return of the Writ and Roll issued from any, preceding General lowing Rolls,

insert in fol. or Quarter Sessions, at the opening of the court, to insert or cause to be all such Fines, inserted in any following roll, all such fines, issues, amerciaments, for- &c. as have feited recognizances, sum or sums of money to be paid in lieu or satis- not been levied faction of them or any of them, which have not been duly levied or or accounted recovered or properly accounted for by the sheriff bailiff or other officer, for by the or have not been discharged on appeal before the General or Quarter Sheriff, &c. or Sessions, or by sign manual warrant or authority of any three or more of that have not the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, and so to continue such process from sessions

charged. 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 Sheriff to desaid sheriff bailiff or other officer to whom the writ of distringas tain the oriand capias or fieri facias, or other writ deemed necessary by the ginal Writs in justices at any General or Quarter Sessions to meet the exigency his Possession, of the case, shall be sent by order of the said court, shall keep which shall and detain in his possession the writ or writs so directed to him, and the continue in roll or rolls attached to such writ or writs

, delivering to the said Court

of force, and be General or Quarter Sessions, a copy of such roll or rolls, on the first day

act upon. 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 sunis 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 Sheriff on other officer is hereby authorized and required, on quitting his office, to quitting Office deliver over to his successor, all rolls and writs in his possession, particu- to deliver over larizing any fines, issues, amerciaments, forfeited recoynizances, sum or

to his Successums of money paid or to be paid in lieu or satisfaction of them, or any and Writs,

sor all Rolls 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

particulariz

ing Fines, &c. unpaid, and not charged to his predecessor on the passing of his accounts that Means at the Exchequer, or before any auditor or auditors, or other person duly may be used authorized to pass the same, the officer or officers entrusted with the for Recovery. execution of the process in any county, division, riding, city, town, or place, being first duly and diligently exanıined 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.

II. And whereas it is in and by the said recited Act directed, that in Provision of all cases where the party incurring any fine, issue, amerciament, recited Act as forfeited recognizance, sum or sins of money to be paid in lieu or satis- to levying

Fines, &c. faction of them or any of them, shall reside in another county, or in any

on Goods not city borough or place having peculiar jurisdiction, or shall have fled into in the Jurisany 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.

Sheriff may

No. VI. incurred, or shall have removed his goods and chattels out of the jurisdic4 Geo. IV. tion in which such fine, issue, amerciament, forfeited recognizance, sum c. 37.

or sums of money to be paid in lieu or satisfaction of them or any of them shall have been imposed, it shall le 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. Where Parly

III. And be it further enacted, That in all cases where the party insubject to

curring or subject to any fine, issue, amerciament, forfeiied recognizance, Fiues, &c. resides in an.

sum or sums of money to be paid in lieu or satisfaction of them or any

of them, shall reside or shall have fed or removed from or out of the orher County, jurisdiction of the sheriff bailiff or other officer, in which any such fine, moved, the

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 issue his War- imposed, or forfeited, or become due, it shall be lawful for such sheriff rant to the bailiff or other officer, and he is hereby authorized and required to issue Sheriff acting his warrant, together with a copy of the writ, directed to the sheriff for the Place bailiff or other officer acting for the county, riding, city, borough, or where the place in which such person shall then reside or be, or in which any goods Defaulter

or chattels or other property shall be found, requiring such sheriff resides, or

bailiff or other officer to execute such writ, and every such last-menwhere his

tioned sheriff bailiff or other officer, is hereby authorized and required found, requir

to act in all respects under such warrant, in the same manner as if the ing him to

original writ had been delivered to him by order of the court of the execute the

General or Quarter Sessions of the county, riding, city, borough, or place Writ.

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 io the sheriff bailiff or other
officer, from whom he shall have received the same, what he shall have
dune 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, borougli,
from which the writ issued ; and in case a levy shall have been made, lo
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. Sheriff, &c. IV. And be it further cnacted, That every sheriff bailiff or other to render an

officer acting for any county, division, riding, city, borough, or place, shall Accorint and he is hereby required to make up or cause to be made up annually

, yearly of all sons in

and immediately afier the expiration of the year for which he shall act, curring Fines,

or after the usual period for making up his account, in case he shall act &c.

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 themi or any of them, whicâ he has been authorized or required 10 levy, by virtue of any writ or writs issued to him, or to any predecessor in office; and in case any finc, issue, anzerciament, forfeited recognizance,

Goods are

or place

under

sum or

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