Partition Act 1696

V. Sheriffs, Under Sheriffs, &c. to give due Attendance for executing Writs of Partition.

Penalty.; Demandant not paying Sheriff, &c. his Fees, Court to award the same.

And be it further enacted by the Authority aforesaid That the respective Sheriffs their Under Sheriffs and Deputies and in case of Sicknesse or Disability in the High Sheriff all Justices of Peace within their respective Divisions shall give due Attendance to the executing such Writt of Partition unlesse reasonable Cause be shewn to the Court upon Oath and there allowed of or otherwise be liable every of them to pay unto the Demandant such Costs and Damages as shall be awarded by the Court not exceeding Five pounds for which the Demandant or Plaintiffe may bring his Action in any of his Majesties Courts of Record att Westminster wherein no Essoigne Protection Priveledge or Wager of Law shall be allowed nor any more than one Imparlance and in case the Demandant doth not agree to pay unto the Sheriffs or Under Sheriffs Justices and Jurors such Fees as they shall respectively demand for their Pains and Attendance in the Execution of the same and returning thereof then the Court shall award what each Person shall receive having respect to the distance of the Place from their respective Habitations and the Time they must necessarily spend about the same for which they may severally bring their Actions as aforesaid.