accrued to the said plaintiff, to demand and have of and from the said defen- BY PARTY Hant the said sum of £20, parcel of the said sum above demanded. GRIEVED. count. And also for that the said defendant, within three months next before the Second commencement of this suit, to wit, on the day and year aforesaid, at, &c. (venue) aforesaid, was indebted to the said plaintiff in the further sum of £20, for monies then and there lost and paid by the said plaintiff to the said defenlant, by playing at a certain game, to wit, a game [called French hazard,] at one sitting, whereby, and according to the form of the said Statute, an action hath accrued to the said plaintiff, to demand and have of and from the said defendant the said sum of £20, residue of the said sum above demanded.-[Add counts for money lent, and had and received, account stated, and breach, as usual.] 28. s. 1 & for extor tion, on with a [Commencement in debt as usual, as ante, 384.]-For that whereas here- [ *502] tofore, to wit, on, &c. (the teste or day of *issuing of the process) [as to the On 32 mode of describing different kinds of process, see ante, 445 to 453] there Geo. 2. c. issued out of the court of our said lord the king, before the king himself, a 12. against certain writ of our said lord the king, [here set out the writ which, if a latitat, the bailiff may be thus:] called a latitat, at the suit of one M. I. against the said plain- for iff, directed to the sheriff of -, by which said writ our said lord the king mesne commanded the said sheriff, that he should take the said plaintiff if he should process, be found in his bailiwick, and him safely keep, so that he the said sheriff might have his body before our said lord the king, at Westminster, on, &c. (as in the 23 erit) to answer to the said M. I. in a plea of trespass, and also to a bill of Hen 6. o the said M. I. against the said plaintiff, for £2200] of debt, according to the fortre custom of the said court of our said lord the king, before the king himself to ages (x). be exhibited, and that the said sheriff should have there then this writ, which said writ afterwards, and before the delivery thereof to the said sheriff as hereinafter mentioned, to wit, on the day and year first aforesaid, at, &c. (venue) aforesaid, was duly indorsed for bail for £- according to the form of the (r) See precedents, 7 Wentw. 150, 153, 156, 175, 246, 328. See declaration in debt at the suit of the party grieved, on 43 Geo. 3. c. 46, and 28 Eliz. c. 4, for treble damages against the sheriff for extortion, on a writ of execution, pcst, 501; and see a form in case for the same offence, post, 827. See declaration in debt on the 23 Hen. 6. c. 9, for 401. penalty, for extortion on mesne process, by the common informer, post, 509; also a declaration in debt on the 28 Eliz. c. 4, for 401. penalty for extortion on final process, post, 511 a. The action may be maintained against the sheriff, 2 T. R. 154, and see a form, post, 509, st the suit of common informer. By the common law the sheriff or bailiff has no right to take fees for the execution of process, per Abbott, C. J.-2 B. & A. 566.-2 Chit. Rep. 295, S. C. And by the stat. 23 H. . c. 9, he is only entitled to the fee of 4d. for ssuing his warrant on mesne process to arrest the defendant; (See the Statute, Chitty's Coll. Stat. tit. Bail Bond, p. 87; and the officer is only allowed 4d. for an arrest, and 4d. for making a Bail Bond, and although it is usual to pay one guinea on the arrest to the officer, if he exact it from the defendant, he incurs the count on 9 GRIEVED. BY PARTY Statute in such case made and provided; and which said writ, so indorsed as aforesaid, afterwards, and before the return thereof, to wit, on the day and year first aforesaid, at &c. (venue) was delivered to W. A. esq. who then and from thence, until, and at and after the committing of the offence hereinafter next mentioned, was sheriff of the said county of S. to be executed in due form of law; by virtue of which said writ the said W. A. so being sheriff of the said county of S. as aforesaid, afterwards, and before the return thereof, to wit, on, &c. (date of warrant, or about it) at, &c. (venue) in, &c. for having execu[503] tion of the said writ duly made his warrant in writing. directed to the sail defendant, who then and from thence, until, and at and after the committing of the offence hereinafter next mentioned, was one of the bailiffs of the said sheriff of the said county of S. by which said warrant the said sheriff of the said county of S. commanded the said defendant to take the said plaintiff, if he should be found in the said sheriff's bailiwick, and him safely keep, so that the said sheriff might have his body before our said lord the king, at Westminster, at the return of the said writ, to answer to the said M. I. in the plea, and to the bill aforesaid, which said warrant was also then and there marked for bail, for [£1100] and which said warrant so marked for bail, afterwards, and before the return of the said writ, to wit on the day and year last aforesaid, at, dc. (venue) aforesaid, was delivered to the said defendant, then being one of the bailiffs of the said sheriff of the said county of S. to be executed in due form of law, by virtue of which said writ and warrant, he the said defendant, as such bailiff, afterwards, and before the return of the said writ, to wit, on the day and year last aforesaid, at, &c. (venue) aforesaid, and within the bailiwick of the sheriff of the same county, took and arrested the said plaintiff by his body. and then and there had and detained him in his custody at the suit of the said M. I. for the cause aforesaid, and the said plaintiff in fact further saith, that after the said plaintiff had been so arrested, and whilst he remained in custody of the said defendant, by virtue and under color of the said writ and warrant, for the cause aforesaid, to wit, on, &c. last aforesaid, at, &c. (renue) aforesaid, he the said defendant, then being one of the bailiffs of the said county of S. as aforesaid, demanded, took and received, of and from the said plaintiff, a certain sum of money, to wit, the sum of [£2. 1s. 8d.] (the precise sum taken) of lawful money of Great Britain, for detaining the said plaintiff, until after he the said plaintiff had given bail to the said writ [or, "for having arrested the said plaintiff as aforesaid,"] which said sum of money so demanded, taken, and received, by the said defendant, of and from the said plaintiff, in manner and for the cause aforesaid, then and there was and is a greater sum of money than at the time of the taking thereof was by law allowed to be taken or demanded by the said defendant, of and from the said plaintiff, on that occasion, contrary to the form of the Statute in such case made and provided; whereby, and by force of the said Statute, the said defendant, then being one of the bailiffs of the said sheriff of the said county of S. as aforesaid, forfeited and became liable to pay for his said of fence to the said plaintiff, being the party thereby aggrieved, the sum of £50, and thereby, and by force of the said Statute, an action hath accrued to the said plaintiff, to demand and have of and from the said defendant the said sum of £50, so forfeited as aforesaid, parcel of the said sum above demanded. Second count. And whereas, heretofore, to wit, on the said, &c. there issued out of the court of our said lord the king, before the king himself here, a certain other writ of our said lord the king, called a latitat [set out the writ, as before.] GRIEVED. at the suit of the said M. I. against the said plaintiff, directed to the sheriff BY PARTY of S. by which said last-mentioned writ our said lord the king commanded the said sheriff [stating the writ, the warrant, and arrest, and that whilst the plaintiff was in the defendant's custody, under the said last-mentioned writ and warrant, as in the former count,] he the said defendant, then being one of the bailiffs of the said sheriff of the said county of S. aforesaid, demanded, took, and received, of and from the said plaintiff a certain sum of money, to wit, the sum of £2. 1s. 8d. of lawful money of Great Britain, [ *504 ] for waiting till the said plaintiff had given bail to the said last-mentioned writ, which said last-mentioned sum of money so demanded, taken, and received by the said defendant, of and from the said plaintiff, in manner and for the cause last aforesaid, then and there was and is a greater sum of money than, at the time of taking thereof, was by law allowed to be taken or demanded by the said defendant, of and from the said plaintiff, on that occasion, contrary to the form of the Statute in such case made and provided, whereby and by force of the said Statute, the said defendant then being one of the bailiffs of the said sheriff of the said county of S. as aforesaid, forfeited for his said last-mentioned offence to the said plaintiff, being the party thereby aggrieved, the said sum of £50, and thereby and by force of the said Statute an action hath, &c.-[As in preceding count.] · treble And whereas heretofore, to wit, on, &c. [as in the second count verbatim] Third he the said defendant, then being one of the bailiffs of the said sheriff of the count for said county of S. as aforesaid by occasion, and under color of his office as damages, such bailiff, took of the said plaintiff a certain sum of money, to wit, the sum on 23 H. 6 of two guineas, that is to say, the sum of £2. 2s. of lawful money of Great c. 9. Britain, for his reward and profit for letting the said plaintiff to bail [or, "for showing ease and favor to the said plaintiff by letting him out of the custody aforesaid"] upon the said last-mentioned writ, which said last-mentioned sum of money, so taken, &c. [as in the first and second counts] whereby the said plaintiff sustained damages to the amount of £2. 1s. 8d. and thereby, and by force of the said Statute, an action hath, &c. &c. to demand and have of and from the said defendant the sum of £6 5s. being treble the amount of his said damages, and other parcel of the said sum above demanded.—[Add count for money had and received, and account stated in debt, and common conclusion.] [Commencement in debt as usual, ante, 384.]-For that whereas, &c. [here on 29 (y) The action may be supported against the sheriff, he being liable for his bailiff's acts, 2 T. R. 154. But where more than the sum allowed has been taken by an officer of sheriff, who kept a lock-up house, but who was not the officer to whom the warrant was directed, but to whose house the defendant was brought after the arrest, no action will lie against the sheriff. 4 Esp. 63. An action for money had and received, may be maintained against the sheriff, to recover the surplus of excessive poundage taken. 3 B. & B. 145; 6 J. B. Moore, 338, S. C.; 2 Bing. 255; 1 Stark. 345. In that case it was also held, that a sheriff who levies under a lavira facias for a crown debt, is not entitled to poundage under the 29 VOL. II. 48 Eliz. C, Eliz. c. 4, and, consequently, that an action and 43 against him under that act for extortion, in Geo. 3 c. such a case is misconceived. Id. 46. s. 5. 4 Where the sheriff retained out of the pro- against ceeds of a sale under an execution, the expen- the extorses occasioned by keeping possession of the tion on goods under an injunction out of Chancery; it final prowas held, that this being an indirect way of cess (y). taking more than the poundage allowed by the statute, he thereby incurred the penalty of this statute, 5 D. & R. 495; 3 B. & C. 688, S. C. And if it appear by the sheriff's return of a writ of execution, that greater fees have been taken for the levy than are allowed by this statute, the sheriff is liable to an action on the statute for treble damages at the suit of the party grieved. Woodgate v. Knatchbull, 2 T. GRIEVED. BY PARTY Statute in such case made and provided; and which said writ, so indorsed as aforesaid, afterwards, and before the return thereof, to wit, on the day and year first aforesaid, at &c. (venue) was delivered to W. A. esq. who then and from thence, until, and at and after the committing of the offence hereinafter next mentioned, was sheriff of the said county of S. to be executed in due form of law; by virtue of which said writ the said W. A. so being sheriff of the said county of S. as aforesaid, afterwards, and before the return thereof, to wit, on, &c. (date of warrant, or about it) at, &c. (venue) in, &c. for having execu[*503] tion of the said writ duly made his warrant in writing, directed to the said defendant, who then and from thence, until, and at and after the committing of the offence hereinafter next mentioned, was one of the bailiffs of the said sheriff of the said county of S. by which said warrant the said sheriff of the said county of S. commanded the said defendant to take the said plaintiff, if he should be found in the said sheriff's bailiwick, and him safely keep, so that the said sheriff might have his body before our said lord the king, at Westminster, at the return of the said writ, to answer to the said M. I. in the plea, and to the bill aforesaid, which said warrant was also then and there marked for bail, for [£1100] and which said warrant so marked for bail, afterwards, and before the return of the said writ, to wit on the day and year last aforesaid, at, &c. (venue) aforesaid, was delivered to the said defendant, then being one of the bailiffs of the said sheriff of the said county of S. to be executed in due form of law, by virtue of which said writ and warrant, he the said defendant, as such bailiff, afterwards, and before the return of the said writ, to wit, on the day and year last aforesaid, at, &c. (venue) aforesaid, and within the bailiwick of the sheriff of the same county, took and arrested the said plaintiff by his body. and then and there had and detained him in his custody at the suit of the said M. I. for the cause aforesaid, and the said plaintiff in fact further saith. that after the said plaintiff had been so arrested, and whilst he remained in custody of the said defendant, by virtue and under color of the said writ and warrant, for the cause aforesaid, to wit, on, &c. last aforesaid, at, &c. (renue) aforesaid, he the said defendant, then being one of the bailiffs of the said county of S. as aforesaid, demanded, took and received, of and from the said plaintiff, a certain sum of money, to wit, the sum of [£2. 1s. 8d.] (the precise sum taken) of lawful money of Great Britain, for detaining the said plaintiff, until after he the said plaintiff had given bail to the said writ [or. for having arrested the said plaintiff as aforesaid."] which said sum of money so demanded, taken, and received, by the said defendant, of and from the said plaintiff, in manner and for the cause aforesaid, then and there was and is a greater sum of money than at the time of the taking thereof was by law allowed to be taken or demanded by the said defendant, of and from the said plaintiff, on that occasion, contrary to the form of the Statute in such case made and provided; whereby, and by force of the said Statute, the said defendant, then being one of the bailiffs of the said sheriff of the said county of S. as aforesaid, forfeited and became liable to pay for his said of fence to the said plaintiff, being the party thereby aggrieved, the sum of £50, and thereby, and by force of the said Statute, an action hath accrued to the said plaintiff, to demand and have of and from the said defendant the said sum of £50, so forfeited as aforesaid, parcel of the said sum above demanded. Second oount. And whereas, heretofore, to wit, on the said, &c. there issued out of the court of our said lord the king, before the king himself here, a certain other writ of our said lord the king, called a latitat [set out the writ, as before,] GRIEVED. at the suit of the said M. I. against the said plaintiff, directed to the sheriff BY PARTY of S. by which said last-mentioned writ our said lord the king commanded the said sheriff [stating the writ, the warrant, and arrest, and that whilst the plaintiff was in the defendant's custody, under the said last-mentioned writ and warrant, as in the former count,] he the said defendant, then being one of the bailiffs of the said sheriff of the said county of S. aforesaid, demanded, took, and received, of and from the said plaintiff a certain sum of money, to wit, the sum of £2. 1s. 8d. of lawful money of Great Britain, [ *504 ] for waiting till the said plaintiff had given bail to the said last-mentioned writ, which said last-mentioned sum of money so demanded, taken, and received by the said defendant, of and from the said plaintiff, in manner and for the cause last aforesaid, then and there was and is a greater sum of money than, at the time of taking thereof, was by law allowed to be taken or demanded by the said defendant, of and from the said plaintiff, on that occasion, contrary to the form of the Statute in such case made and provided, whereby and by force of the said Statute, the said defendant then being one of the bailiffs of the said sheriff of the said county of S. as aforesaid, forfeited for his said last-mentioned offence to the said plaintiff, being the party thereby aggrieved, the said sum of £50, and thereby and by force of the said Statute an action hath, &c.-[As in preceding count.] treble And whereas heretofore, to wit, on, &c. [as in the second count verbatim] Third he the said defendant, then being one of the bailiffs of the said sheriff of the count for said county of S. as aforesaid by occasion, and under color of his office as damages, such bailiff, took of the said plaintiff a certain sum of money, to wit, the sum on 23 H. 6 of two guineas, that is to say, the sum of £2. 2s. of lawful money of Great c. 9. Britain, for his reward and profit for letting the said plaintiff to bail [or, "for showing ease and favor to the said plaintiff by letting him out of the custody aforesaid"] upon the said last-mentioned writ, which said last-mentioned sum of money, so taken, &c. [as in the first and second counts] whereby the said plaintiff sustained damages to the amount of £2. 1s. 8d. and thereby, and by force of the said Statute, an action hath, &c. &c. to demand and have of and from the said defendant the sum of £6 5s. being treble the amount of his said damages, and other parcel of the said sum above demanded. [Add count for money had and received, and account stated in debt, and common conclusion.] [Commencement in debt as usual, ante, 384.]-For that whereas, &c. [here (y) The action may be supported against the sheriff, he being liable for his bailiff's acts, 2 T. R. 154. But where more than the sum allowed has been taken by an officer of sheriff, who kept a lock-up house, but who was not the officer to whom the warrant was directed, but to whose house the defendant was brought after the arrest, no action will lie against the sheriff. 4 Esp. 63. An action for money had and received, may be maintained against the sheriff, to recover the surplus of excessive poundage taken. 3 B. & B. 145; 6 J. B. Moore, 338, S. C.; 2 Bing. 255; 1 Stark. 345. In that case it was also held, that a sheriff who levies under a lavira facias for a crown debt, is not entitled to poundage under the 29 VOL. II. 48 On 29 Eliz. c, 4 and 43 Eliz. c. 4, and, consequently, that an action Where the sheriff retained cut of the pro- against |