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c. 77.

them or any of them, shall demand, take, or accept any fee, 1 & 2 G. 4, gratuity, or reward whatever, directly or indirectly, on the commitment, custody, trial, or discharge of any prisoner, or for any matter or thing whatsoever relating thereto, contrary to the directions of this act; each and every person so offending shall, for each and every such offence, forfeit the sum of five pounds, British currency, to be recovered in any of his majesty's courts of record in Dublin, by action of debt, bill, or plaint, in which no essoign, protection, or wager of law, nor more than one imparlance shall be allowed; or by civil bill, to be heard and determined by the assistant-barristers at the sessions of the peace in such counties where the said offences shall be committed.

8. Provided always, and be it enacted, that nothing in this Proviso for act contained shall extend to the marshalsea of the four courts of marshalsea. the city of Dublin, nor to the marshalsea of the city of Dublin.

9. And for the more speedy punishing gaolers, bailiffs, and others employed in the execution of any process, civil or criminal, for extortion or other abuses in their respective offices and places; be it further enacted, that upon the petition of any Extortion prisoner or person, being or having been under arrest or in cus- &c. by gaolers &c.; puntody, complaining of any exaction or extortion by any gaoler, ishable sumbailiff, or other officer or person in or employed in the keeping marily. or taking care of any gaol or prison, or other place, to which any such prisoner or person, under or having been under arrest or in custody, by any process, civil or criminal, or in any suit or action, is or shall have been carried, or in respect of the arresting or apprehending any person or persons, by virtue of any process, action, or warrant, or of any other abuse whatsoever, committed or done in their respective offices or places, such petition being presented in term time unto any of his majesty's courts of record in Dublin, from whence the process issued, by which any person who shall so petition was arrested, or under whose power or jurisdiction any such gaol, prison, or place is, or in vacation time, to any judge of such court from whence such process so issued, or upon petition to the judges of assize in their respective circuits, or to the judge or judges of any other court of record, where any prisoner or person, being or having been under arrest or in custody, was arrested or in custody by process issued out of, or action entered in any such other court of record in Ireland; every such court or judge, and every judge of assize, and judge and judges of other courts of record as aforesaid, are hereby authorised and required respectively, within their several jurisdictions, to hear and determine the matter of such petition and complaints in a summary way, and to make such order thereupon, for redressing the abuses which shall by any such petition be complained of, and for punishing such officer or person complained against, and for making reparation to the party or parties injured, as such courts or judges shall think just, together with the full costs of every such complaint, where such courts or judges shall think the same to be just; and all determi

c. 77.

1 & 2 G. 4, nations which shall be thereupon made by any of the said courts or judges as aforesaid respectively, in such summary way as is herein prescribed, shall have the same effect, force, and virtue, and obedience thereunto may be enforced by the respective courts and judges, by attachment, or in any other manner, as other orders of the said respective courts and judges may be enforced.

Clerks of

justices shall not commit extortion.

Extortion

3 Edw. 1, c. 27, Eng.-And that no clerk of any justicer, escheator, or inquiror, shall take any thing for delivering chapiters, but onely clerks of justices in their circuits, and that ii.s: and no more. (2) Of every wapentake, hundred, or town that answereth by twelve, or by six, according as it hath been used of old time. (3) And he that doth contrary shall pay thrice so much as he hath taken, and shall lose the service of his master for one year.

3 Edw. 1, c.10, Eng. (pars.)—And forasmuch as mean persons by coroners. and undiscreet, now of late, are commonly chosen to the office of coroners, where it is requisite that persons honest, lawful, and wise should occupy such offices: it is provided, that through all shires sufficient men shall be chosen to be coroners, of the most wise and discreet knights, which know, will, and may best attend upon such offices, and which lawfully shall attach and present pleas of the crown. (3.) And that no coroner demand nor take any thing of any man to doe his office upon pein of great forfeiture to the king.

Extortion

loss of office.

3 Geo. 4, c. 115, s. 7.-That if any coroner in Ireland by coroners; shall, from and after the passing of this act, be lawfully convicted of extortion, or wilful neglect of duty or misdemeanour in his office, it shall be lawful for the court, before whom he shall be so convicted, to adjudge that he shall be removed from his office; and thereupon a writ shall issue, removing him from his office, and electing another coroner in his stead.

Proviso for

counties of cities and

8. That nothing herein contained shall extend, or be deemed, coroners in construed, or taken to extend to any coroner to be elected, or who has been already elected to the office of coroner for any towns, and county of a city or county of a town in Ireland, or to the town and liberties of Kinsale, nor to interfere with any right of appointment of coroner given by charter to any corporation in Ireland.

in Kinsale.

No fee, save 23 and 24 Geo. 3, c. 22. s. 6.-Provided also, and be it enacted, salary, to ac- that all such duties, matters, or things, as are hereby directed, countant generalor clerk imposed, or prescribed to be done or performed by such acof reports. countant-general and clerk of the reports (a), or either of them,

shall be by them performed without any fee, perquisite, gratuity, or reward, other than the annual salaries to be annexed to their respective offices; and if the said accountant-general and clerk of the reports, or either of them, or any person on their or either

(a) Viz. of the court of Chancery.

c. 22.

of their behalf, shall demand or accept any fee, gratuity, or re- 23 & 24 G. 3, ward, from any suitor of the said court, or any person whatsoever, contrary to the true intent and meaning hereof, such accountant-general or clerk of the reports, so offending, shall, upon conviction thereof, be deprived of the said offices respec- Penalty. tively, and shall be deemed incapable of serving his majesty in any civil office whatsoever, over and above any punishment which may be inflicted upon them respectively for such misdemeanor by the court before whom such person shall be tried.

an account

of exche

lations as in

16. That it shall and may be lawful to and for his majesty, The king his heirs and successors, from time to time, to appoint an ac- may appoint countant-general and clerk of the reports of the Court of Ex- ant general chequer, with such reasonable salaries respectively as to him or of the court them shall seem meet; which accountant-general, and clerk of quer, subject the reports respectively, shall be subject to, and perform all such to like reguduties, regulations, acts, and directions touching and concerning chancery. the monies and securities of the suitors of the said Court of Exchequer, in like manner, and under such restrictions and penalties as are hereinbefore prescribed, imposed, or directed to be done and performed by the accountant-general and clerk of the reports of the court of Chancery respectively, touching and concerning the monies and securites of the said court.

the account

4 Geo. 4, c. 61, s. 56, [and c. 70, s. 51, as to the Court of What fees Exchequer.]-That from and after the commencement of this ant general act, it shall and may be lawful for the said accountant-general may take. (a), by himself or his clerks, to ask, demand, and receive, for all copies of all accounts extracted from the books of the said accountant-general, the sum of two pence for every line on the debtor side of such account, and the like sum of two pence for every line on the creditor side of such account, if the said account shall consist of forty lines, or any less number, on each side of the said account; and if the said account shall consist of any greater number of lines than forty on each side of the said account, then the sum of one pound and no more; and that from and after the commencement of this act, it shall not be lawful for the said accountant-general, or any clerk or other person in his office, to ask, demand, or receive any fee for any certificate of any balance of stock or cash on any account in the books of the said accountant-general, nor for any other business, matter, or thing whatsoever in or relating to the office of the said accountant-general; and if any clerk or other person belonging to, or employed in, or who shall hereafter belong to, or be employed in the office of such accountant-general, shall take any other fee or reward on account of any business, matter, or thing whatsoever in or relating to the office of accountant- Taking other fees, extorgeneral, or do the duty of any clerk therein; every such person shall be deemed guilty of extortion, and shall and may be pro

(a) Viz. of the Court of Chancery or Exchequer,

4 G. 4, c. 61. secuted for the same by indictment or information, or upon complaint thereof made to the said court of Chancery [or Exchequer], shall be punished for the same as for a contempt of the said court, and shall forfeit the sum of fifty pounds.

Mainten.

ance.

Champerty.

SECTION 5.

Maintenance and Champerty.

28 Edw. 1, stat. 3, c. 11, Eng.—And further, because the king hath heretofore ordained by statute, that none of his ministers shall take no plea for maintenance; by which statute other officers were not bounden before this time: (2) The king will, that no officer nor any other (for to have part of the thing in plea) shall not take upon him the business that is in suit. (3) Nor none, upon any such covenant, shall give up his right to another. (4) And if any do, and be attainted thereof, the taker shall forfeit unto the king, so much of his lands and goods as doth amount to the value of the part that he hath purchased for such maintenance. (5) And to obtain this, whosoever will, shall be received to sue for the king before the justices before whom the plea hangeth, and the judgment shall be given by them. (6) But it may not be understood hereby, that any person shall be prohibit to have counsel of pleaders, or of learned men in the law for his fee, or of his parents and next friends.

1 Edw. 3, stat. 2, c. 14, Eng.-Item, Because the king desireth that common right be administered to all persons, as well poor as rich, he commandeth and defendeth, that none of his counsellors, nor of his house, nor none other of his ministers, nor no great man of the realm, by himself nor by other, by sending of letters, nor otherwise, nor none other in this land, great nor small, shall take upon them to maintain quarrels nor parts in the countrey, to the let and disturbance of the common law.

33 Edw. 1, stat. 3, Eng.—Where it is contained in our statute, that none of our court shall take any plea to champerty by craft nor by engine. (2) And that no pleaders, apprentises, atturnies, stewards of great men, bailiffs, nor any other of the realm, shall take for maintenance or the like bargain, any manner of suit or plea against other, whereby all the realm is much grieved, and both rich and poor troubled in divers manners. (3) It is provided by a common accord, that all such as from henceforth shall be attainted of such emprises, suits, or bargains, and such as consent thereunto, shall have imprisonment of three years, and shall make fine at the king's pleasure.

SECTION 6.

Misconduct of Officers of Justice and others.

become an

approver.

14 Edw. 3.c. 10, Eng.—Item, In the right of the gaols, which Felony, for were wont to be in ward of the sheriffs, and annexed to their a gaoler to compel a bailiwicks (2) It is assented and accorded, that they shall be prisoner to rejoined to the sheriffs, and the sheriffs shall have the custody of the same gaols, as before this time they were wont to have; (3) And that they shall put in such keepers for whom they will answer. (4) And if it happen that the keeper of the prison, or under-keeper, by too great duress of imprisonment, and by pain, make any prisoner that he hath in his ward to become an appellor against his will, and thereof be attainted, he shall have judgment of life and of member. (5) And that the king's justices before whom such cases shall happen, shall enquire the truth thereof (6) And if they find, by inquest thereupon taken, that any keeper or under-keeper hath done the same, he shall be thereof arraigned; and if he be found guilty, he shall have judgment of life and member, as afore is said.

pleas, razing

8 Rich. 2, c. 4, Eng.-Item, At the complaint of the said Judge or communalty made to our lord the king in the parliament, for that clerk, making false great disherison in times past was done of the people, and may entry of be done by the false entring of pleas, razing of rolls, and chang- Pr ing of verdicts (2) It is accorded and assented, that if any changing judge or clerk be of such default (so that by the same default verdicts. there ensueth disherison of any of the parties) sufficiently convict before the king and his council, by the manner and form, which to the same our lord the king and his council shall seem reasonable, and within two years after such default made, if the party grieved be of full age, and if he be within age, then within two years after that he shall come to his full age, he shall be punished by fine and ransom at the king's will, and satisfie the party. (3) And as to the restitution of the inheritance desired by the said commons, the party grieved shall sue by writ or otherwise, according to the law, if he see it expedient for him.

1 Geo. 3. c. 11, s. 1.-Whereas it frequently happens that great abuses are committed by justices of peace acting under the charters of cities and towns corporate, and, notwithstanding such abuses, it may be a doubt whether such justices of the peace so offending are or may be removeable from their offices, or the execution thereof, by any law now in being: for remedy whereof, be it &c., that if any such justice shall wilfully commit J. P. in any offence, contrary to his duty as a justice of peace, every such town justice shall, upon conviction of such offence, on an informa- convicted tion to be filed in the court of King's Bench, be for ever disabled of improper conduct,shall to act as a justice of the peace for or within such city or town be incapacorporate, in case the court or judge, before whom such informa- citated, if

corporate,

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