Archives of Maryland, Volume 0194, Page 0191 - Alexander's British statutes in force in Maryland. 2d ed., 1912

Alexander's British statutes in force in Maryland. 2d ed., 1912

Volume 194, Page 191 View pdf image (33K)

13 E. 1, STAT. 1, CAP. 37, SWORN BAILIFFS.
191

they may exact Money of
them, do send Strangers to
take Distresses, to the intent
that they might grieve their
Inferiors, by reason that the
Parties so distrained, not
knowing such Persons, will
not suffer the Distresses to he
taken; (2) it is provided,
that no Distress shall be
taken, but by Bailiffs sworn
and known. (3) And if they
which do distrain do otherwise,
and thereof be convict (if the
Parties grieved will purchase
a Writ of Trespass) they shall
restore Damages to the Par-
ties grieved, and besides, shall
be grievously punished to-
wards the King.

torqueant mittuut ignotos ad
faciend' districtiones ea iHten-
tione ut subditos gravare pos-
sint per hoc quod sic districti
non habentes notitiam person-
arum nou permittunt hujus-
modi districtioues super eos
fieri statutum est quod nulla
districtio fiat nisi per ballivos
juratos & notos. Et distrin-
gentes ss alio niodo fecerint &
de hoc convict! fucrint si gra-
vati breve de Trausgressione
impetraveriut restituant gra-
vatis dampna & versus regem
graviter puniantur.

2 Inst. 445. 3 Co. 12.
The preceding chapter of this Statute relates to lords of Courts, stew-
ards, bailiffs, and the like, procuring false complaints to be brought against
defendants, and provides that in case distress (summons and distress be-
ing then the process that lay in actions of debt and other personal actions
unaccompanied with force, the capias in debt being given by 25 E. 3, c. 17,)
shall be made on such false complaint the party grieved may replevy
and recover treble damages. This chapter, which it appears from 2 Inst.
445, is in affirmance of the common law, was made for the reformation
of an abuse by Sheriffs, who used to make bailiffs to distrain who were
unknown, to the intent that the owner of the thing distrained might make
rescous, and thereupon the Sheriff have an opportunity to extort money
from him. Anciently, but the practice is now disused, the Sheriff had a
bailiff in each hundred of his county, whose duty it was to serve process
therein, and to these, as well as to bailiffs '"of liberties and manors 143
this act refers. It is observed in the same book, that at the time of the
making of this Act this process as before mentioned lay in an action of
debt, so that the Act extending to an action of debt, though a subsequent
Statute give a capias, yet the capias coming in lieu of the distress is within
it. From which the conclusion is, that wherever the process in actions
at common law was by distress the process now is within the Statute. It
may be observed that the Sheriff has the power to appoint a special bailiff
for a particular time only, as to execute one writ, &c., and such a bailiff
is not required to take an oath, what he does being considered as done by

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912

Volume 194, Page 191 View pdf image (33K)

<< PREVIOUS NEXT >>

This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

Archives' Home Page
   |
Maryland Manual On-Line
   |
Reference & Research
   |

Search the Archives
   |
Students & Teachers
   |
Archives of Maryland Online

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.