Sheriffs Act, 1725

No sheriffs, &c. levying debts to the King shall take any fee, except 4d. for acquittance.

Bailiff, &c. receiving such debt shall account to the sheriff, and have acquittance without fee.

Sheriff to discharge such debts by totting in Exchequer.

Penalty treble damages to the party, and double the sum not answered:

taking any money from the King's debtor for forbearance, &c. extortion.

and treble damages and costs, and double the sum,

in Exchequer, on complaint, in summary way,

if conviction in 2 years.

X. And for preventing of oppressions and injuries, which may happen to his Majesty's subjects by the abuse of sheriffs, sub-sheriffs, bailiffs, and others employed in levying and collecting any debts, duties, or sums of money due, or hereafter to become due, to his Majesty, his heirs or successors, by process of the court of Exchequer, be it enacted by the authority aforesaid, That no sheriff, sub-sheriff, or under-sheriff, bailiff, or other person employed in levying or collecting any the said debts, duties, or sums of money, shall take, ask, or receive, any fee, gratuity, or reward whatsoever, of the person or persons liable to pay the said debts, duties, or sums of money, or of any other person for or upon pretence of such levying or collecting, except the sum of four pence only for an acquittance for such sum as shall be so levied or collected; which acquittance such officer is hereby required to give and deliver to the person, upon or from whom such debts shall be levied, or collected, or received; and the bailiff or other person receiving such debt or sum of money shall from time to time answer and account for the same to the sheriff or his sub-sheriff, or deputy, and may require also an acquittance from such sheriff or his deputy for such sum, who are hereby required to give the same without any fee or reward; of and from which debts and sums of money so levied, collected, or received as aforesaid the said sheriffs, and every of them, shall effectually discharge the said debtors and persons respectively by totting and answering the same to his Majesty, his heirs and successors, upon their respective accounts in the Exchequer; and in case any sheriff, sub-sheriff, under-sheriff, or deputy-sheriff, shall nihil, or not duly answer to the crown, any debt or sum of money so levied, collected, or received, such sheriff, sub-sheriff, under-sheriff, or deputy-sheriff, for every such offence shall forfeit treble damages to the party agrieved, and double the sum which is nihiled, or not duly answered as aforesaid; which said damages and penalty shall be ordered, decreed, and given to the person agrieved by the court of Exchequer, on complaint and proof of such abuse as aforesaid made and exhibited before the barons of the said court in such short and summary way and method, as to them shall seem meet; and in case any sheriff, under-sheriff, deputy-sheriff, bailiff, or other person shall presume to demand, take, or receive any sum or sums of money whatsoever, be the same more or less, of any person whatsoever, from whom any debt or sum of money is or shall be due or payable to the crown by process out of the court of Exchequer, for, or in respect, or upon pretence, of executing the said process, or for, or in respect, or upon pretence of fees due to them, or any of them, for collecting or receiving the same, contrary to the true intent and meaning of this act, or if any of the officers or persons aforesaid shall demand, take, and receive any sum or sums of money whatsoever for not levying or forbearing to levy any debts, duties, or sums of money, which are or shall be due to his Majesty, his heirs and successors, and written out to them, or any of them, by the process aforesaid; in all and every such case every person so offending, and being thereof lawfully convicted, shall be adjudged, deemed, and taken to be, guilty of extortion, injustice and oppression; and all and every such person and persons, being thereof lawfully convicted, shall forfeit for every such offence treble damages and costs to the party agrieved, and double the sum so extorted; all which damages and penalties shall be ordered, decreed, and given by the barons of the court of Exchequer, upon complaint and proof of such extortion made and exhibited before them in such short and summary way or method, as to them shall seem meet as aforesaid; provided such conviction be had and made within two years after such offence committed, and not otherwise.