clxxviii. so also as to pillory and other instruments of punishment, if a pre- scription be alleged ...
(Steward:-Bailiff.)
clxxix. whether the steward of a court leet is judge of the court in all cases.
clxxx. his essential qualifications.... ib. clxxxi. the charges of an attorney for holding a court leet are taxable....ib. n. clxxxii. semble that the steward is an essential officer in the leet .............. clxxxiii. and that the lord cannot hold his own court.... clxxxiv. the leet distinguishable in that respect from a customary court and court baron...... clxxxv. but a dictum discovered of C. J. Holt's, that in a private leet the lord may sit as judge........829 n. clxxxvi. whether the steward does not preside wholly in a judicial cha- racter.. .....831, 846 clxxxvii. whether it is not the duty of the bailiff to perform every ministe- rial act, and, therefore, to impanel the leet jury... ....831-32, 842 clxxxviii. though the power may be opposed by special custom [Rex v. Harrison; Crane v. Holland.]..842 n., 844 clxxxix. by custom the steward may nominate the persons to be summon- ed by the bailiff as jurors...831 n., 842 n. cxc. the case of The King v. Joliffe.. 844 cxci. references to the statute law, and to various authors, in affirmance of the position that the steward acts ju- dicially, and that the bailiff is to per- form all ministerial acts........831, cxcii. the inference aided by the King
v. Harrison, the King v. Bankes, and the late case of Holroyd & Breare 840, 841, 860
cxciii. the duties of bailiff of the leet are analogous to the sheriff's, in his ministerial character..........832, 840 cxciv. the sheriff, however, is a consti- tuent part of the county court... 840 n. cxcv. reference to the institution of the trial by jury... . . . . . . .· cxcvi. the bailiff is sometimes chosen by the jury of the leet...
ccxxii. but the leet hath not power to ar- raign and deliver the persons indicted ib. ccxxiii. nor to inquire of assault and battery without bloodshed........ ccxxiv. nor to take indictment of rob- bery out of its precinct..... ccxxv. the steward may be retained by parol.......
ccxxvi. except in the case of the King or a corporation... ccxxvii. but a deed is more proper, and certainly essential in an appoint- ment for life or years, or for the re- covery of a salary by writ of annuity ib. n. ccxxviii. semble that the office is not grantable in reversion....... ccxxix. whether the King is an excep- tion...... ccxxx. and whether a judicial office may be granted in reversion by usage 848 n. ccxxxi. the stewardship of a leet is forfeitable for non-user or mis-user 848 ccxxxii. a mandamus lies to restore the steward of a leet.... ccxxxiii. whether an information in nature of quo warranto lies for exer- cising the office....
ccxxxiv. doubtful whether the steward of a leet can act by deputy...... 848-9 ccxxxv. semble that he could not do so except by custom, or under an ex- press power in his appointment..... 849 ccxxxvi. an infant cannot preside in leet as steward or deputy steward.. ib. n. ccxxxvii. action on the case will lie by the lord against a person disturb- ing his steward in holding the court leet.
ccxxxviii, all offences out of court are to be presented, and the parties amerced..... .... 851 n., 852 ccxxxix. an amercement is considered to be the act of the jury...... 851 ccxl. and a fine, the act of the court ib.
celv. and the distress may be sold..... ib. celvi, but a fine not of common right cannot be distrained for, without a prescription
cclvii. an amercement in leet is re- coverable by action of debt cclviii. and wager of law not allowed, even before 3 & 4 W. 4, c. 42 .... ib. n. cclix. it may be recovered by distress
as of common right, as for a fine.. 855-4 cclx, and the distress may be sold.. 855 n. cclxi. but the power of distress is sus- pended by the possession of the King 854 n. cclxii. the distress may be taken in any place within the precinct of the leet.
854 cclxiii. even in the common street.... ib. cclxiv. but the cattle of a stranger cannot be distrained, as in distress for non-performance of suit ....... cclxv. the bounds of the leet must be pleaded in justifying the distress for
cclxxiv. in debt for amercement in leet the declaration must express the names of the affeerors, and aver that the affeerment was made at the same court as the amercement..... 853 n., 855 cclxxv. held in Monnop & Thomas that the issue whether C. & H. were afferatores curiæ prædicta ought to have been tried by the record...... 855 cclxxvi. in debt for amercement in leet the declaration must aver inha- bitancy, as well at the time of the amercement as of the offence...... ib. cclxxvii. but it will be cured by ver- dict
cclxxviii. averment that the court was held before the steward, when in fact it was held before the deputy stew- ard, is fatal.....
cclxxix. a summons to serve on the jury of court leet, will not maintain an averment in the declaration that the party was summoned to serve on the jury of the court leet and court
cclxxx. notice need not be alleged in debt for amercement for not abating a nuisance....
cclxxxi. the fact of the presentment may be traversed in debt for amerce-
cclxxxii. and the rule applies to an amercement for breach of a by-law.. ib. cclxxxiii. but the court of B. R. has re- fused a certiorari to remove the pro- ceedings out of court leet, where the amercement had been estreated into the Duchy court of Lancaster...... ib.
cclxxxiv. the case of The King & Heaton on the point cclxxxv. which shows that amerce- ments in the courts belonging to the Duchy of Lancaster are recoverable by levari facias out of the duchy court, after being estreated there..857-8 cclxxxvi. amercements in the King's leet, are to be estreated into the Ex- chequer, and levied by levari facias. 858 cclxxxvii. any action of trespass con- sequent on such process must be brought in the office of pleas in the Exchequer...
cclxxxviii. amercements in leets of private lords are estreated, or ex- tracted, from the rolls, and the stew- ard's warrant to the bailiff to levy the amount is subjoined....
cclxxxix. may by custom be good in leet....
ccxc. and in pleading the custom the by-law must be set forth..... ccxci. are not binding of common right, except as to matters properly cognizable there, as the neglect of repairing highways, &c. ccxcii. a custom to make by-laws of a private nature could not be sup- ported... ccxciii. in one case the party was put to plead where a fine had been es- treated into the Exchequer, which was set under a by-law in one of the King's manors for receiving an inmate without giving security to the over- seers of the parish. ib. ccxciv. must be just and reasonable . ib. n. ccxcv. whether a by-law for repairing a church is for the public good, and binding.... 747 n., 859 n. ccxcvi. semble, that personal notice of a valid by-law in leet is unnecessary 856,
(Election of Officers at Leet). ccxcvii. THE CHIEF MAGISTRATE of a borough or town is in some manors elected by the jury of a court leet.. 860 ccxcviii. which may be enforced by mandamus..... .....ib. n.
ccxcix. in other manors the jury present the candidate having the ma-
is in the jury of the court leet..... 862 cccxi. but it was formerly a great
question whether the right was in the jury or the steward.
cccxii. a corporation cannot elect a constable, except by custom ...... ib. n. cccxiii. a constable or tithing-man re- fusing to be sworn may be fined when present.... ..........850, 862, 866 cccxiv. if absent, he may be amerced on presentment of the contempt at the succeeding court........851 n., 862 cccxv. and in either case he may be indicted at the assizes or quarter sessions .. ....863, 866 cccxvi. what must be set forth in an indictment for the offence.... cccxvii. a refusal to take the oath is evidence of a refusal to perform the duties of the office [The King v. Brain]....
cccxviii. not necessary to allege in the indictment that the party refused to be sworn, but sufficient to state that he contemptuously refused to take
cccxxi. when the leet neglects to choose a constable, the justices in sessions may appoint one.... cccxxii, but only until the lord shall hold a court.
cccxxiii. and the justices should sum- mon the party to be sworn........ib. n. cccxxiv. the sessions cannot discharge a constable appointed at the leet ... 863 cccxxv. except under 13 & 14 Car. 2. c. 12, if a constable should die or go out of the parish, or should continue in office above a year; and then only until the lord shall hold a court.... ib. cccxxvi. but the court of King's Bench will discharge a constable chosen in leet by spleen, and the former con- stable must act until another be duly elected cccxxvii. a person not idoneus may be discharged by the leet, or by the court of B. R. cccxxviii. a tenant of a manor leet is not excused from serving the office of constable for the hundred ....... 864 cccxxix. but a custom for such ex- emption is good
cccxxx. the office is a personal and not a pecuniary service. cccxxxi. it should seem, therefore, that a person chosen constable can- not of his own authority appoint a deputy....
cccxxxii. a practising barrister and at- torney are exempt from serving the office of constable
cccxxxiii. but a physician is not cccxxxiv. perhaps the court of B. R. would relieve a gentleman of quality, where there are sufficient persons besides cccxxxv. but a person discharged by the sessions as being a master of arts, has been compelled by the court of B. R. to be sworn... cccxxxvi. a certificate under 10 & 11 W. 5. c. 23, discharging persons from serving parish offices, is no exemp- tion from being sworn constable in leet.. cccxxxvii. it seems inconsistent to im- pose the office on women.........
(The jury and their presentments). cccxliii. how offences cognizable in the leet are to be inquired of and presented ..... 847, 868, 878-9 cccxliv. the jury is to consist of not less than 12 cccxlv. and a party may aver against a presentment made by less than 12. 869 cccxlvi. it is sufficient if that number are agreed...... cccxlvii. when there are not 12 suitors present, the steward may compel a stranger to be sworn, and impose a fine for his refusal. ..... 847, 868 n. cccxlviii. whether a presentment in leet is traversable.... cccxlix. all presentments in leet may be removed into B. R. by certiorari and there traversed..... ccel. and, clearly, the jurisdiction of the court leet is traversable ....... cccli. by the act 1 Eliz. c. 17, for pre- serving the spawn of fish, the stew- ard may impanel a second jury to in- quire of any concealments by the jury first sworn 854 n., 869 ccclii. the act imposes a penalty on every juryman guilty of wilful con- cealment cccliii. semble that the perjury or wil- ful concealment of a leet jury was always inquirable there by another jury, and punishable [Vide 6 G. 4. c. 50, 60.]... ib.
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