Page:Ruffhead - The Statutes at Large, 1763.djvu/151

hath made Return to a Bailiff of another Liberty than is contained in the said Roll, the Sheriff shall be forthwith punished as a Disheritor of our Lord the King and his Crown. Non omittas propter aliquam libertatem.(12) ^[1]And if peradventure he return that he hath delivered the Writ to a Bailiff of some Liberty that indeed hath Return, the Sheriff shall be commanded, that he shall not spare for the foresaid Liberty, but shall execute the King's Precept; and that he do the Bailiffs to wit,^[2] to whom he returned the Writ, that they be ready at a Day contained in the Writ, to answer why they did not execute the King's Precept. (13) And if they come at the Day, and acquit themselves, that no Return was made to them, the Sheriff shall be forthwith condemned to the Lord of the same Liberty, and likewise to the Party grieved by the Delay, for to render Damages. (14) And if the Bailiffs come not in at the Day, or do come, and do not acquit themselves in Manner aforesaid; in every judicial Writ, so long as the Plea hangeth, the Sheriff shall be commanded that he shall not spare for the Liberty, &c. The Sheriff's Defaults in returning Issues.(15) Many Times also Sheriffs make false Returns as touching these Articles, Quod de exhibits, &c. returning sometime, and lying, that there be no Issues, sometime that there are small Issues, when they may return great, and sometime do make mention of no Issues; ^[3](16) wherefore it is ordained and agreed, That if the Plaintiff demand hearing of the Sheriff's Return, it shall be granted him; (17) and if he offer to aver that the Sheriff might have returned greater Issues unto the King, he shall have a Writ judicial unto the Justices assigned to take Assises, that they shall inquire in Presence of the Sheriff (if he will be there) of what and how great Issues the Sheriff might have made Return from the Day of the Writ purchased unto the Day contained in the Writ. What shall be accounted Issues.(18) And when the Inquest is returned, if he have not afore answered for the Whole, he shall be charged with the Overplus by the Extreats of the Justices delivered in the Exchequer, and nevertheless shall be grievously amerced for the Concealment. (19) And let the Sheriff know, that Rents, Corn in the Grange, and all Moveables (except Horse, Harness, and Houshold-stuff) be contained within the Name of Issues. (20) And the King hath commanded, that Sheriffs shall be punished by the Justices once or twice if Need be) for such false Returns; (21) and if they offend the third Time, none shall have to do therewith but the King. The Sheriff returneth that there was Disturbance of Execution of Process.(22) They make also many Times false Answers, returning that they could not execute the King's Precept for the Resistance of some great Man; wherefore let the Sheriffs beware from henceforth, for such Manner of Answers redound much to the Dishonour of the King. ^[4](23) And as soon as his Bailiffs do testifie that they found such Resistance, forthwith all Things set apart (taking with him the Power of the Shire) he shall go in proper Person to do Execution; and if he find his Underbailiffs false, he shall punish them by Imprisonment, so that other by their Example may be reformed; and if he do find them true, he shall punish the Resisters by Imprisonment, from whence they shall not be delivered without the King's special Commandment. (24) And if percase the Sheriff when he cometh do find Resistance, he shall certifie to the Court the Names of the Resisters, Aiders, Consenters, Commanders, and Favourers, and by a Writ judicial they shall be attached by their Bodies to appear at the King's Court; (25) and if they be con-