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Officer not executing, taking other fee or not holding inquiry in 10 days, or holding it at a wrong place, or not giving 8 days notice,
Penalty 20l. or treble damages, at election of plaintiff,
Not paying money received on demand, or in 6 days after return of execution is out, Penalty, double the sum to plaintiff.
If lease for years found, 8 days notice before sale thereof to be affixed in most publick place of shire-town.
On escape, no more to be recovered than the sum certified due, with costs and damages.
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VI. And be it further enacted by the authority aforesaid, That from and after the said sixth day of November in the year of our Lord one thousand seven hundred and seven, where any sheriff or other officer or officers as aforesaid shall wilfully neglect, delay, or refuse to execute any such executions, or to do any part of his office therein, or shall demand or receive any other fee, gratification, or reward, than as above-mentioned; or shall not hold an enquiry on such writ of elegit, extendi facias, or capias utlagatum within ten days after such elegit, extendi facias, or capias utlagatum delivered or tendered to him or them, or shall hold such enquiry at any place save the chief town in the county, or such other place as shall be agreed on between him and the party delivering such writ to him, or without giving notice in writing eight days before the execution thereof to the said party of the time and place of holding such enquiry, that such sheriff or other officer in every such case shall forfeit and answer to the party grieved the sum of twenty pounds, or treble damages, at the election of the plaintiff, to be recovered in any of her Majesty's courts of record; and that where any money is or shall be received by such sheriff or other officer on any execution, the same shall be paid on demand, or within six days after, to the party, at whose suit the said execution issues, or to his or her attorney or assigns, after the return of the said execution be out; and in case he or they delay or refuse to do the same, that he or they so delaying or refusing shall answer and pay to the plaintiff, or any person by him, her, or them lawfully authorized, double the sum so levied and received: and if upon any such enquiry any lease for years shall be found, that before the sale thereof, the sheriff or other officer aforesaid, before whom such enquiry shall be so held, shall after such enquiry give notice in writing under his hand, that such lease has been found, and therein name the parties, both plaintiff and defendant; and the debt, interest, and costs demanded, and the lands or tenements found thereby, and affix the said notice in the most publick place in the shire-town of the county, town, or city, wherein such lease-hold lands and tenements lie, by the space of eight days before any sale shall be made by such sheriff or other officer of such lease: provided always, that no more shall be recovered against any sheriff,[a]
coroner, or marshal of the Four-courts [a]
] in any action of escape to be brought against him or them, than the sum or sums so certified to be due, with costs of court, and damages for non-payment.
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