Stat. Westm. sec. - Execution of Process Act 1285
| Jurisdiction | UK Non-devolved |
| Citation | 1285 c. 39 |
| Year | 1285 |
(13 Edw. 1) C A P. XXXIX.
‘‘FOrasmuch as Justices, to whose Office it belongeth to minister Justice to all that sue before them, are many Times disturbed in due Execution of their Office, for that Sheriffs do not return Writs original and judicial; (2) and also for that they make false Returns unto the King's Writs;’ (3) our Lord the King hath provided and ordained, That such as do fear the Malice of Sheriffs, shall deliver their Writs original and judicial in the open County, or in the aCounty where the Collection of the King's Money is; (4)and may take of the Sheriff or Undersheriff, being present, a Bill, wherein the Names of the Demandants and Tenants mentioned in the Writ shall be contained; (5) and at the Request of him that delivered the Writ, the Seal of the Sheriff or Undersheriff shall be put to the Bill for a Testimony, and Mention shall be made of the Day of the Deliverance of the Writ. (6) And if the Sheriff or Undersheriff will not put his Seal to the Bill, the Witness of Knights and other credible Persons being in Presence shall be taken, that put their Seals to such Bill. (7) And if the Sheriff will not return Writs delivered unto him, and Complaint thereof be made to the Justices, a Writ judicial shall go unto the Justices assigned to take Assises, that they shall inquire by such as were present at the Deliverance of the Writ to the Sheriff, if they knew of the Deliverance, and an Inquest shall be returned. (8) And if it be found by the Inquest, that the Writ was delivered to him, Damages shall be awarded to the Plaintiff or Demandant; having respect to the Quality and Quantity of the Action, and to the Peril that might have come to him by reason of the Delay that he sustained; (9)and by this Mean there shall be Remedy when the Sheriff returneth that the Writ came too late, whereby he could not execute the King's Commandment. (10) Oftentimes also Pleas be delayed by reason that the Sheriff returneth that he hath commanded the Bailiffs of some Liberty which did nothing therein, and nameth Liberties that never had the Return of Writs; whereupon our Lord the King hath ordained, That the Treasurer *and Barons of the Exchequer shall deliver to she Justices in a Roll all the Liberties in all...
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