OF HIS FEES.
[Sidenote: Arrest.]
By _23 H. 6. c. 9._ sheriffs, undersheriffs, bailiffs of franchises, nor
any other bailiff, by occasion or under colour of their office, shall
take any other thing of any person by them to be arrested or attached for
the omitting of any arrest or attachment, for fine, fee, suit of prison,
mainprise, letting to bail, or shewing any ease or favour to any such
person, for their reward or profit, but such as follow, _viz._ For the
sheriff, 20d.; the bailiff which maketh the arrest or attachment, 4d.;
and the gaoler, if the prisoner be committed to his ward, 4d.; nor for
the making of any return or panel, and for the copy of any panel, but 4d.
(Penalty treble damages and 40l.)
[Sidenote: Extent or execution.]
By _29 Eliz. c. 4._ it shall not be lawful to or for any sheriff,
undersheriff, bailiff of franchises or liberties, nor for any of their
officers, ministers, servants, bailiffs or deputies, by reason or colour
of their office or offices, to have, receive or take of any person or
persons 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 12d. for every 20s. where the sum exceedeth not 100l. and
6d. for every 20s. being over and above the said sum of 100l. that he or
they shall so levy or extend, and deliver in execution, or take the body
in execution for, by virtue and force of any such extent or execution,
upon pain to lose and forfeit to the party grieved his treble damages,
and to forfeit the sum of 40l. (half to the Queen and half to the
informer or plaintiff.)
The bailie of the franchise on _29 Eliz. cap. 4._ takes all execution
fees. _3 Keble_. 71.
[Sidenote: _Habere facias possessionem aut seisinam._]
By _3 G. 1. c. 15._ § 16. it shall not be lawful for any sheriff, _&c._
or for the bailiff of any franchise or liberty, by reason or colour of
their office or offices, or by reason or colour of their executing of any
writ or writs of _habere facias possessionem aut seisinam_, to demand,
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 12d. for every 20s. 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 100l. and the sum of 6d. only for
every 20s. _per annum_, over and above the said yearly value of 100l.
(Penalty 200l.)
[Sidenote: Extent and _liberate_, &c.]
By _8 G. 1. c. 25._ § 5. no sheriff to take for the extent and _liberate_
& _habere facias possessionem_ or _seisinam_ on the real estate, by
virtue of such extent, any more than the above fees. (Same penalty.)
[Sidenote: Process, under 10l. &c.]
By _5 G. 2. c. 2._ § 2. no attorney, bailiff or other person, shall have,
take, charge, or demand more than 5s. for the making and serving a copy
of such process issuing out of any superior court [where cause of action
is under 10l.], or more than 1s. for the making and serving a copy of
such process, issuing out of any inferior court [where cause of action is
under 40s.]
[Sidenote: English notice.]
By § 3. no fee or reward shall be taken for the English notice by this
act required to be written upon every copy of process [where cause of
action in superior court is under 10l. in inferior court under 40s.] to
be served upon any defendant.[54]
[54] This notice is to the effect following, _viz._ _A. B. You are
served with this process, to the intent that you may by your attorney
appear in his Majestys court of ---- at the return thereof, being the
---- day of ---- in order to your defence in this action._