CHAPTER VIII.

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._