Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	say_a	tenant_n	tenement_n	2,059	5	11.5861	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34174	The compleat sheriff wherein is set forth, his office and authority, with directions, how and in what manner to execute the same, according to the common and statute laws of this kingdom, which are now in force and use, and the judgments and resolutions of the judges in divers late cases, in the several courts of Westminster, relating thereunto : likewise of vnder-sheriffs and their deputies, and where the high-sheriff shall be answerable for their defaults, and where not, &c. : together with the learning of bail bonds, with an explication of Stat. 23 H.6. cap. 10 and pleadings thereon : retorns of writs, remedies against non retorn and faux retorn, Habeas corpus, Venires, challenges and enquiry of damages, prisoners and prisons, execution by fieri fac, elegit, &c. : escapes, actions and pleadings therein, fresh pursuit, and other pleas, attachment, americament : actions, declarations and pleadings on the sheriffs nonfesance or male-fesance : customs of London, as to prisons, courts, process, sheriffs fees, extortion, sheriffs accompts, &c, : to which is added The office and duty of coroners.		1696 (1696)	Wing C5653; ESTC R1060	279,424	488

aut in manus dicti dom Regis capi aut seisiri possint Quae quidem manerium terr tenementa praedict cum pertinentiis Ego praefat Vic. die captionis hujus Inquisitionis cepi in manus dict dom Regis per Extent praed In cujus rei testimonium tam ego praefat Vic. quam Jurat praed huic Inquisition sigilla nostra alternatim apposuimus die anno loco supradict ' c. A. B. Armig. Vic. Extent on a Statute-Merchant issued out Retorn against R. the Conisor the Sheriff Retorned That the Conisor was possest of divers Goods and seised of Lands which he delivered to the Conisee and that the Conisee accepted of the Land and because the Sheriff did not Retorn That he had not any other Lands Goods or Chattels It was Adjudged Insufficient and a new Writ awarded tho' some held it was well enough in the Case of a Conisor but not in the Case of a Purchaser 1 Brownl 37. Fletcher and Robinson Note If the Conisor be Retorned dead Execution If the Conisor be dead how Execution to be shall be granted against his Executor without Scire fac ' to have Execution of his Goods so against the Heir and Tertenants of his Lands without a Scire fac ' Quaere 15 H. 7. 16. b. 2 R. 3 8. b. If the Sheriff do not Retorn the Capias or retorn Tardè or that he directed it to a Bayliff of a Franchise he shall be punished and yield Damages to the party grieved according to the Statute of de Mercatoribus W. 2. c. 39. Two Inquisitions taken at several days by several Juries upon one Statute-Merchant were Adjudged naught One was taken of the Lands and the other for the Lands and Goods 1 Brownl 38. If another had these Lands in Execution by Elegit or is in by discent in such Cases the Sheriff shall Retorn the special Matter i. e. in the first Case that he hath extended the Land of the Defendant But he cannot deliver the same to the Plaintiff for that another had the same in Extent before The Sheriff having an Extent upon a Statute may gather the Goods all into one place to be viewed and appraised by the Jurors and he is not a Trespassor Mo. 563. Attorney General vers Crocker As to what Lands c. shall be extended upon Statutes c. it does not properly belong to this Treatise which hath a respect only to the Office of Sheriff Note If Lands delivered in Execution on a Scire fac ' and New Writ of Execution where Statute-Merchant Staple or Recognizance or upon recovery of Debt and Damages are lawfully recovered or evicted out of the possession of the Conisee before his Debt and Damages be satisfied he shall have Scire fac ' c. and upon this a new Writ of Execution or Re-Extent to levy the residue per Stat. 32 H. 8. c. 1. 1 Inst 289 290 5 Rep. 87. Note also It is a Question in 2 Brownl 270. By whom King James Incorporated the Mayor Bayliffs and Burgesses of Berwick and granted to them the Execution and Retorn of all Writs Whether an Extendi facias shall be Executed by them or by the Sheriff of Northumberland Some said Berwick is English which appears by the Act of Parliament which confirms the Letters Patents and also they send Burgesses to Parliament Others said It is a part of Scotland and a Sheriffwick An Obligation there shall not be Tried in England and it is not in the County of Northumberland nor part of it By Siderfin p. 382. our Laws are not current there But yet in Jackson and Crisp's Case Local breach of Covenant at Berwick Tried at Belford in Cumberland 2 Brownl 270. 2 H. 7. 31. 26 H. 23. Retorns on Scire facias Scire facias is a Writ Judicial directed to the Sheriff c. and is usually to warn a man to come and shew Cause to the Court c. why Execution of a Judgment shall not be done But this Writ shall not be granted before the year and day past after Judgment given Conisor in a Recognizance dies Scire fac ' Retorn not agreeing with the Writ goes against his Executors Haeredes terrarum c. Sheriff Retorns That he had no Executor Scire feci W. H. filio haeredi praedict M. le Conisor This Retorn agrees not with the Writ yet it may be good 3 Rep. 15. Sir William Herbert's Case Scire fac ' on a Recognizance in Chancery against C. who was Retorned dead then a second Scire fac ' issued against the Heir of C. and against the Tenants of the Lands of C. which he had tempore Recognitionis vel postea The Sheriff Retorned C. Tertenant and omitted to Retorn any thing against the Heir This a Non-retorn of the Sheriff and not a Mis-retorn and is not aided by any of the Statutes of 32 H. 8. or 18 Eliz. or 21 Jac. of Jeofail The Heir must be summoned as well as Tertenant on a Recognizance It s Error The Tertenant without the Heir ought not to be charged therefore the Heir ought to be summoned for the Heir may have a Release to plead or other Matter to bar the Execution Also if the Heir be within Age the Parol shall demur and the Tertenant shall have advantage thereof And a new Scire fac ' issued ad Informand ' Curiam and the Retorn was That he had not any Lands in his Bailywick that descended to his Heir nor any Heir within his Bailywick and good enough tho' it had been better if he had Retorned who was Heir and that he was warned or that there was not any Heir in the said County Cro. Car. 295. Eyres and Taunton The Writ Commands the Sheriff to give The words of the Writ not answered in the Retorn Notice to the Tenants of the Land in Fee-simple and the Sheriff Retorns not That those which he had Retorned were Tenants of the Land in Fee-simple and so the words of the Writ are not answered 1 Brownlow Rep. 145 146. The Sheriff may Retorn 24 Tertenants of the whole and every Tenant may plead in discharge of himself or he may Retorn That each is Tertenant of so many Acres 2 Keb. 601. Henshaw's Case Scire fac ' to have Execution on a Recognizance The Sheriff Retorns the Conisor dead other Scire fac ' Issues against the Tertenants of the Conisor on which the Sheriff retorns a Scire feci to W. and R. Tenants and further that there was no Heir nor any other Tenants quibus Scire fac ' poterit la forme 1 Keb. 621. 2 Sanders 6. Jefferson and Moreton Scire fac ' against the Heir and Tertenants the Sheriff Retorns no Heir and the Tertenants appear la form 2 Sanders Jefferson's Case Scire fac ' to Tertenants the Sheriff retorns they are Summoned la fo●me 2 Sanders 6 8 232. Scire fac ' ad audiend ' errores must be

are that the Plaintiff capt fuit virtute brevis nostri judicialis and this word judicialis is not in the Register but only brevis nostri de Capiendo yet adjudged good 1 Leon. 73 Arundell and Morris Audita Querela on escape of the Testators Creditor and recovery against the Marshal Defendant protestando that the Plaintiff escaped after the Defendant recovered against the Marshal and the Plaintiff did not pay the Marshal absque hoc that the Marshal satisfied and paid the Testator This case differs from all others of escape by consent of the Gaoler this being not purely Debt which goes over to Executors but is grounded on a Tort general by the death of the Gaoler the Court concluded that recovery against non payment to the Marshal was no discharge of the Plaintiff in this Audita Querela But Adjornatur to take Issue on payment by the Marshal to the Creditor viz. the Defendants Testator 3 Keb. 763. Gardner and Sedgwick One was Outlawed in Debt and taken upon Outlawry Pleaded to Audita Querela where 't is good or not the Capias and committed to the Fleet and the Warden suffered him to go at Large voluntarily and after the Executor of the Plaintiff in Debt takes him in Execution again upon a new Writ and upon this he brought Audita Querela and shews this matter and Outlawry in the Plaintiff in the Audita Querela was pleaded Per Cur. it is a good Plea because this Writ is not directly to Reverse the Outlawry as Error is but is founded upon a Tort scil upon the Escape and not upon the Record only aliter in Error or Attaind Outlawry is no Plea nor is there any difference as to this Case where the Outlawry is at the Suit of the Defendant or of a Stranger Vid. other good reasons Sider 43. Jason and Kete If upon Elegit the Sheriff takes an Inquisition and there are found several Lands subject to the extent and found of the several values and the Sheriff Retorns he had delivered some of the said Lands in Particular for the Moieties where it appears that according to the values found an equal Moieties is not delivered to the party who recovers but more than a Moiety this is not void neither is it a Disseisin by the Entry but only voydable by an Audita Querela Tr. 15. Car. 1. B. R. Rowe and VVeeks If A. recover against B. Debt or Damages and Elegit is granted to the Sheriff to extend the Moiety of his Land which is ancient Demesns altho it be admitted that this is not extendible yet B. may not avoid this by Entry without Audita Querela because the Sheriff had a Warrant to deliver the Moiety of half his Land and this was his Land Ergo not void Hob. p. Cox and Barnaby CAP. XIX Of Elegits and the Sheriffs Duty therein and of the Retorns thereof The difference of it as to Lands and Goods how to be managed by the Sheriff that it may be well executed and what thing may be executed or not Of the Inquisition Retorns of Elegit how to be made Where a new Elegit shall be had or not Of extent by the Bayliff of a Liberty The Sheriffs Office about Execution for the Kings Debt of Stat. Merchant Staple Recognizance The difference of the Retorns Retorns of Scire fac the Sheriffs demeaner as to Outlaries and Capias Utlagatum and the Retorns Of Elegits c. ELegit is a Judicial Writ given by the Stat. The nature of an Elegit as to Lands or goods VV. 2. c. 18. either upon a Recovery for Debt or Damage or upon a Recognizance in any Court. By this Writ the Sheriff shall deliver to the Plaintiff omnia catalla debitoris exceptis bobus afri● Carucae medietaten terrarum and this must be done by Inquest taken by the Sheriff for the valuation of the Goods and Lands ought tobe first found by the Inquisition of a Jury VV. 2. c. 18. gives the Elegit so that in Elegit the Sheriff may take in Execution the Moiety of the Lands of the Conizor c. and all his Goods and Chattels except as aforesaid and was to deliver them to the Conisee or he who recovers upon a reasonable extent or price until the Deb● be satisfied and the Sheriff shall deliver him the Seisin of the Land and he is called Tenant by Elegit and shall do no VVaste 4 Rep. 47. The Elegit as to Goods is in effect but a Fieri fac and therefore if there be no Lands and Execution be upon Goods and they are not sufficient he may have a Capias aliter if Lands be extended If one prays to have Elegit and the Sheriff Retorns he has no Lands and he prayed a Capias but the Court granted it not the cause is the Entry in the Roll is that he hath chosen the Execution of the Moiety of the Lands which he must stand to 30. Ed. 3. But the Law now is not so for if the Sheriff return Nihil the party may have a Capias Hob. 57. Elegit how to be managed by the Sheriff that so it may be well Extended and what things may be executed or not As to what things may be extended or not you must know All the Goods and Chattels in which are included Leases for Years Leases for Years shall be extended except Oxen and Beasts of the Plow the Moiety of the Lands Vid. infra how it shall be done A Rent seck where there is not any Reversion A rent seck cannot be delivered ut liberum Tenementum Cro. Eliz. 656. VValshal and Heath Annuity Certain is extendible by Elegit Cro. Annuity Jac. 78. York and Twine Lands in Ancient Demsne may be delivered Aunc demesne in Execution by the Sheriff by force of an Eelegit out of the Kings Court for the Land it self was never put in plea directly in the Kings Court Vid. the Million Act. 5. Rep. Aldens Case Hob. 47. Cox and Barneby If the Lands descend to an Infant the Sheriff shall cease to extend As to the Inquisition Note If the Inquisition in Elegit be void in Inquisition void in any part void in the whole any part its void in the whole and the whole must be quasht and not quoad that only so if more than a Moiety be delivered on the Elegit it is void for the whole 2 Keb. 582. Harris's Case Siderfin p. 91. Berry and Wheeler It was moved in the said Case of Harris to quash an Inquisition of Elegit upon Judgment in B. R. because it appears not in what County the Lands extended were but Monmouth being in the Margent and directed to the Sheriff there and the Retorn made by him it shall be intended in Monmouth 2 Keb. 582. Upon a Writ of Extendi facias upon a Statute The Jury cannot alter a Verdict in substance if the Sheriff Impannel a Jury and they deliver the Verdict to the Sheriff in

Lease and How Delivered this Sale shall bind the King because but a Chattel and no Covin in the case 8. Rep. Sir George Fleetwoods Case Judgment in Debt against a Joynt-tenant for Life who releaseth to the other and dyes The Plaintiff sues Elegit Per. Cur. the release being his own act shall not discharge his Moiety of the Execution for by the Acceptance of the Release he has deprived himself of the jus accrescendi 7. Rep. 78. Lord Aburgavennies Case A Rent seck where there is not any Redisseisin What shall be delivered cannot be delivered ut liberum tenementum Cro. Eliz. p. 656. Walsal and Heath Annuity certain is extendiable by Elegit Cro. Jac. 78. Yorke and Twine Where the Sheriff extends a Manner by the name of Acres Land Meadow Wood no Advowson passeth Owen's Rep. p. 4. Brag and Brook In Elegit the Sheriff ought to deliver the Moiety by Metes and Bounds Hutton p. 16. Upon recovery in C. B. against G. The Plaintiff prays Elegit to the Sheriff of London where the Action was brought and to the Sheriff of Lancaster as the course is by Sci. fac directed to the Chancellor of the County Palatine and this Elegit appears to be grounded upon a Testatum first made by the Sheriff of London that G. had nothing in London ubi revera they never made such Retorn and upon this the Sheriff Retorned that he took a Lease of Tythes which the Sheriff delivered to the Plaintiff as the Goods and Chattels of G. for the Debt and that G. had not plura bona c. Per Cur. no Retorn ●eing made by the Sheriff of London and it appearing that no Testatum was ever awarded it is Error for the Plaintiff in B. C. might have taken his Elegit immediately into London and into Lancaster Elegit into London and Lancaster or any other Counties yet he hath waved this benefit and grounds his Execution upon a Testatum which is false and now G. shall be restored to his Term again for the Sale and delivery of the Lease to the party himself on an Elegit is no Sale On Sale of a Term where the Term shall be restored or not by force of the Writ and it is in Law but a bare delivery in specie and upon reversal shall be restored in specie and doth not alter the property absolutely but attends the goodness or illness of the Execution But if the Sale had been to a stranger for 100 l. tho the value had been 1000l yet upon reversal he shall not have the Term but the Mony for it is the folly of the party that he did not pay the Judgment So on Sale by Fi. fac the Term shall never be restored vid. supra Cro. Jac. 246. Yel p. 179. Goodyear and Ince Yel 180. Vid. where there shall be a Re-extent or no. If no Retorn be upon Elegit the party after the Year and Day shall have a Sci. fac and after this a new Elegit Mo. p 24. n. 83. The Sheriffs Office about Execution for the Kings Debt After the Stat. 33. H. 8 c. 39. was made for levying of the Kings Debt the usual Process to the Sheriff at this day is QUOd diligenter per Sacrament proborum legalium hominum de balliva tua inquiras c. quae cujusmodi bona catalla cujusmodi pretii idem debitor habuit in dicta balliva tua c. Et ea omnia capias in manus nostras ad valentiam debiti praed inde Fi. Fac. debitum praed c. Et si forte bona catalla praedicti debitoris ad solucion debiti praedict non sufficerent tunc non omittas propter aliquam Libertatem quin eam ingrediaris per sacrament ' praed proborum c. diligent inquiras quas terras quae tenementa cujusmodi Annui valoris idem debitor habuit seu seisitus fuit in dicta balliva tua c. Et ea omnia singula in quorum manibus jam existunt extend fac in manus nostras capias c. Et capias praed debitorem ita quod habeas corpus praed debitoris ad satisfac nobis de debito praed Whereby it appears that if the Goods and Chattels of the Kings Debtor be sufficient and so can be made to appear to the Sheriff whereupon he may levy the Kings Debt then ought not the Sheriff to extend the Lands of the Debtor or his Heir or of any Purchaser or Ter-tenant If one extends a Statute Staple at the Suit of The King to be preferred A. the Sheriff extends the Lands and takes the Goods and seiseth them into the hands of the King but does not make Livery and and after a Writ of Prerogative of the King issues out of the Exchequer and commands the Sheriff to levy the Kings Debt of B. viz. 100 l. of the Goods of the Debtor and if he had not sufficient then to Extend his Lands and this is delivered to the Sheriff after the first Writ of Extent but that was not Retorned The Sheriff in this Case ought to execute the Extent for the King's Debt because the property of the Goods and Lands were not in A. before they were delivered to him by a Writ of Liberate and the Goods being seised into the hands of the King for the use of the party were priviledged from all other Executions but that of the King only 2 Roll. Ab. 158. Dyer 67. Stringfellow's Case Hob. 339. Where the Officer without any Warrant or Property of the Goods not in the Plaintiff before the Liberate Authority shall levy any Duty for the King and shall after account for the same in the Exchequer or otherwise pay the same to the King's use there the Officer seemeth chargable but as a Trespassor but if he shall convert the same to his own proper use it is Felony If a man be bound in a Statute-Merchant Execution on Stat. Merchant and does not pay the Debt at the day Execution shall be done thereof in this manner the Conisee must come to the Major or other Officer before whom the Statute was acknowledged and pray him to Certifie the same into the Chancery under his Seal c. and if he will not Certifie it then a Writ of Certiorari must be sued forth of Chancery directed to the said Officer to Certifie the acknowledgment of the said Statute into the Petty-Bag Office in Chancery and upon the Certificate a Writ of Execution scilicet First a Capias shall go out to the Sheriff against the Body of the Conisor si Laicus sit but the Debtor after he is taken hath liberty given him within a Quarter of a year to sell his Lands and Goods to discharge his Debts And if he do not agree for his said Debts within the next Quarter or if he cannot be found then all his Lands and Goods upon Extendi facias shall be Appraised by a Jury and

delivered Scire fac ' ad audiend errores to the Sheriff 1 Rols Rep. 329. Sr. Thomas Midleton's Case If a Special Scire fac ' do Issue forth a Nihil Special Scire fac ret cannot be retorned upon it for Nihil is a general Retorn and the Writ is Special Pract. Reg. tit Retorn The Retorn of the second Scire fac ' ought to Ret. of the second Scire fac ' when to bear date bear date on the Retorn of the first Scire fac ' Retorn de Scire fac ' VIrtute istius brevis nihil direct ' per A. B. C. D. probos Legales homines de Balliva mea Scire fec ' infra nominat ' J. S. qd sit Coram Justiciariis Domini Regis if it be in the Common-Pleas vel Coram Domino Rege if in the King-Bench vel Coram Baronibus Domini Regis if in the Exchequer ad diem locum infra script ad ostend proponend si quid pro se habeat vel dicere sciat quare c. according the Matter contained in the Writ prout mihil interius praecipitur Infra nominat A. B. nihil habet in Balliva mea per quod ei Scire facere possum neque est inventus in eadem if the Retorn be in Chancery qd ' sit Coram Domino Rege in Cancellaria Two Nihils Retorned countervail a Scire fec ' To Scire fac sur Recognisans Sheriff Retorns that the Defendant is dead 2 Sanders Scire fac Vid. Tertenants The Sheriff Retorns they are Summoned 2 Sanders 8. The Sheriffs Demands and Office as to Outlawries and Capias Utlagatum and Retorn He which is sued in a personal Action if he The manner of suing to the Outlawry do not appear on the Mean Process then the Exigent is directed to the Sheriff to call and proclaim him in five County Court Days one after another to answer to the Law and when upon the Exigent the Sheriff Retorns quod non comparuit upon this Retorn the Plaintiff shall have a Cap. utlagatum against the Defendant but if the Defendant appear upon the Exigent he shall have a Supersedas Where upon the Exigent the Sheriff retorneth Retorns Reddidit se he must have the Body in Court at the day of the Retorn of the Writ except the Party be Sick The Sheriff may Retorn the Coroners were absent As for the Forms of these Retorns vid. Dalt cap. 59. A Capias utlagatum is a non omittas in it self The Bayliff of a Franchise cannot Execute a Cap Uilagat Sheriff not to put the party out of possession And therefore the Bayliff of a Liberty cannot Execute a Cap. Utlagt and if the Party be in the hands of the Bayliff the Sheriff may take him If a Capias Utlagatum Issues to the Sheriff to take the Party and to enquire what Lands and Tenements he had the Sheriff finds by Inquisition that is seised of many Lands and continues Possession in them he cannot put the Party out of Possession by force of that Winch p. 78. An Outlawry Retorned in London in these Retorn as to the Hustings in London words Ad Husting tentum in Guildhal Civitatis London tali die A. B. exactus fuit non comparuit This is no good Retorn because there are two Hustings in London one is de communibus placitis and the other is de placitis terrae in such case the Retorn must be apud Husting de communibus placitis The City of Norwich is within the County of Ret. where the City is City and County Norfolk Also it is a County in it self which may hold Plea And therefore if a Retorn be made in these words Ad Com' tentum apud Norvicum in Com. Norfolc This is not good for that it may have two Intendments scilicet that the County which was held there was for the City or for the County of Norfolk But if the Retorn be in these words Ad Comitatum Norfolc ' tentum apud Norwiucm in Comit. Norfolc it is good for now it cannot be intended but only that their County was held for the County of Norfolk 11 H. 7. 10. b. In a Cap. Utlagat the Sheriff retorned that Protection Retorned the Party who was Arrested had a Protection from a Peer of Parliament it is Ill and day was given to the Sheriff to amend his Retorn Winch p. 24. Proclamation was directed to the Sheriff of Proclamation Retorned Cheshire against J. H. and the Writ was Retorned Tali die ad Comit. meum tent en le Shirehall c. Proclamationem feci ac eod die ad General ' Session c. Proclamationem feci and this Matter was pleaded in avoidance of the Outlawry to Reverse it because the Proclamations were made one day and the Writ was tribus specialibus diebus c. Per Curiam It is an ill Retorn and the Sheriff was amerced for it Goldsborough 111. By the Custom of London the Writ was directed to the Sheriff of London and not to the Coroner who is Mayor The Retorn of the Outlawry out of London in B. R. is generally made without saying per judicium Coronat 2 Rolls Ab. 806. Error to Reverse an Outlawry in the County of Lancaster for that the Sheriff retorned qd ad Com. Lancastriae tent ibid. where it should have been ad Com. Lancastriae tent apud Lancaster or at some other place certain and it was reversed 9 Rep. 94. Dyer 105. The Exigent was Retorned ad Com. tent apud Retorn Exigent castrum de Exon primo exactus fuit c. and because it was not set down in what County it was held to be Erroneous One was retorned Outlawed and for that it did not appear that it was per judicium Coronatorum it was reversed and that without any Writ of Error VIrtute istius brevis mihi direct cepi corpus A. B. Cap. 1. This the Form of Retorns infrae nominat cujus corpus Coram Justioariis infra script ad diem Locum infra content parat habeo prout interius mihi praecipitur residuum vero Executionis istius brevis patet in quadam inquisitione huic brevi annex So on non est inventus residuum vero c. Inquisitio Indentat capt apud c. Qui dicunt super Sacramentum suum qd J. S. in dicto brev nominat nulla Bona neque Catalla Terr sive Tenementa habuit aut tenuit in Com. praed die Jovis prox post festum Sanct. B. Martyr Anno Regni Domini Regis nunc tertio in dicto brevi specificat nec unquam postea quae in manus dicti Domini R●gis capi ac seisiri possunt ad noticiam Juratorum praedict In cujus rei Testimonium tam sigillum Com. praed quam Juratorum praed huic Inquisitioni Indentat sunt appensa dat die anno loco supradict Other Retorns in Capias Utlagat vid. Dalton 215. Retorna de Exigent

shew the time and place of the Arrest was That the Defendant should not let at Large any Prisoner arrested without the Sheriffs Warrant The Plaintiff shews the Defendant had let such a Prisoner at Large at Westminster c. it is good without shewing the time and place of the Arrest For the Escape is the Material part of the Covenant and the manner of the Arrest is not in Question and whether he were legally taken or imprisoned was not material when he was suffered to go at Large Siderfin p. 30. Jenkin's Case The Condition of the Bond was Whereas For a Bayliff of an Hundred to make true Retorn of all his Writs Pleading S. was Sheriff of Surrey and made T. Bayliff of the Hundred of B. Now if he should execute his Office c. and make true Retorn of all Writs directed to him then c. Defendant pleads on Oyer particularly performance to all Plaintiff Replies Process was directed to him to levy Issues on J. S. and that he made his Warrant to T. to Execute the same which Warrant he did not Retorn On Demurrer Judgment was against the Plaintiff because he did not shew that the Issues were to be Levied in the Hundred of B. For tho' the words are general to make Retorn of all Warrants directed to him yet it was to be understood of such only as were to be Executed in his own Hundred of which he was Bayliff Allen p. 10. Slaughter and Day 2 Sand. 414 415. mesme Case cited there Debt on Bond by Under-sheriff to defray the Expence of the High-sheriff and Performance To pay the Expence of the High-sheriff pleaded Plaintiff Replies J. S. recovered in Charges in carrying the Prisoner from Chelmsford to London not shewing it was done by virtue of Habeas corpus Defendant Rejoyns This was by private Agreement Plaintiff Demurs because it was not Concluded to the Country Per Cur ' There must be a Compulsion shewed by Habeas corpus to the Sheriff of Essex without which he cannot deliver him over to another Sheriff and then there is an Allowance upon the Account in the Exchequer in case of Transporting being Signed by the Judges And the Court gave leave to Discontinue 3 Keb. 448 Lewen and Allcock As to the Form of the Indentures and Covenants between the High-sheriff and Under-sheriff vide Dalton Greenwood of Courts and several other President Books CHAP. XXXIII Of Sheriffs Accompts AS for the Periods of Time wherein the manner of the Sheriffs Accompting to the King have been altered by Acts of Parliament and Practice you may peruse a Learned Treatise of the late Lord Chief Justice Hales touching Sheriffs Accompts You find there how the King's Farms were anciently Answered by the Sheriffs and the manner of the Collecting of the Kings Revenues of the County Now that which was Firmi Comitatus were the Vicountiel Rents and they came under various denominations viz. Blanch-Rents Albo firmae Praestatio pro pulchrè placitando Visus Frankpledg ' Redditus ad Turnum Certum Letae and these were in time contracted to a sort of Annual Revenues And the uncertain Annual Revenue was called Proficuum Comitatus which in ancient Times was considerable when most Law-Suits were Transacted in Counties and in Hundred Courts Fines Issues and Amerciaments in those Courts and in those elder Times they were considerable The Farm of the Bailywick of one County was let at 100 l. per Annum temp H. 3. but by Stat. 27. H. 6. c. 10. the Sheriff is restrained from Letting his Bailywick to Farm But these were formerly and now are answered at two Terms in the year Michaelmass and Easter and are called proferae Vicecomitis or Sheriffs proffers But it is as it were a Mock-payment now being so inconsiderable most Causes being tryed in Superiour Courts for upon Account he generally has all his Proffers paid and allowed to him again Vide ●he Statute of 4 H. 5. 2. 34 H. 8. c. 16. Since the Statute of 34 H. 8. c. 16. the Sheriffs might discharge themselves of the Casual Charges or Annual uncertain Charges and most ordinarily after this Statute did discharge themselves of the entire Firmae de proficuis Comitatus and they ascertained to the Court that there were no such profits beyond the charge in collecting them or that the charge of keeping the County Court the Tourn and Hundred Courts which were the things that made up the Firma de proficuis surmounted the benefit And this Making appear was no other than the Oath of the Sheriff and the Statute gives him that benefit Yet tho' the Sheriffs did use to discharge themselves by their Oaths of the entire Fermae de proficuis Comitatus and of a great part of the Vicountiels yet till Anno Dom. 1650. these entire Farms were constantly written out in Charge to the Sheriff upon the Summons of the Pipe tho' it was but a piece of Formality But now the Firmae de proficuo Comisat ' is wholly put out of the Charge of the summons of the Pipe by an Order made in the Exchequer 1650 which is followed to this day By the Act in Car. 2. Entituled An Act for the preventing the unnecessary delays of Sheriffs in passing their Accounts No Sheriff shall be charged in Account to answer any illeviable Seisure Farm Rent or Debt or other thing which was not writ in Process to him or them to be levied wherein the persons of whom or the Lands or Tenements out of which together with the Cause for which the same shall be so levied shall be plainly and particularly expressed but shall be thereof wholly discharged without Petition Plea or other trouble or charge whatsoever If the Sheriff shall seise the Goods of one that is Outlawed c. and does not accompt for the same the Owner of the Goods may have Action of Trespass upon such Seisure and shall recover the Goods or the value thereof in Damages For the Sheriff must plead that he has accounted for them otherwise he shall be a Trespassor ab initio Note The Sheriff is Accountable in respect of his Office but if he be made sine Computo he has by this the Profits to his own use 1 Roll. Rep. 183. O. N. in the Exchequer makes the Sheriff Debtor to the King and the Debtor himself Debtor to the Sheriff Hob. 206. Speake and Richard's Case CHAP. XXXIV Of Coroners How the Coroners must be chosen and the Credit the Law gives to them and how when they shall be discharged The Demeanours as to Outlawries Coroners Inquest Of Coroners c. THe Office of Coroner ever was and yet is 4 Rep. 41. Heydon 8 Rep. 41. Gr●nly's Case 5 Rep. Specot's Case 4 Rep. 45. Wrote's Case 9 Rep. 31. Strat. Mar. 5 Rep. 108. de Wreck 10 Rep. Denband St. 28 Ed. 3. c. 6. Elect. of ●oroners Vid. 4 Inst 271. Mag. Ch. 17. cap. W. 1. c. ●0 Artic. super Chart. c. 3. Eligible in full County by