clxxviii. so also as to pillory and other
instruments of punishment, if a pre-
scription be alleged ...

(Steward:-Bailiff.)

clxxix. whether the steward of a
court leet is judge of the court in
all cases.

ib.

ib.

828

829

ib.

ib.

clxxx. his essential qualifications.... ib.
clxxxi. the charges of an attorney for
holding a court leet are taxable....ib. n.
clxxxii. semble that the steward is an
essential officer in the leet ..............
clxxxiii. and that the lord cannot hold
his own court....
clxxxiv. the leet distinguishable in
that respect from a customary court
and court baron......
clxxxv. but a dictum discovered of
C. J. Holt's, that in a private leet
the lord may sit as judge........829 n.
clxxxvi. whether the steward does
not preside wholly in a judicial cha-
racter..
.....831, 846
clxxxvii. whether it is not the duty of
the bailiff to perform every ministe-
rial act, and, therefore, to impanel
the leet jury...
....831-32, 842
clxxxviii. though the power may be
opposed by special custom [Rex v.
Harrison; Crane v. Holland.]..842 n., 844
clxxxix. by custom the steward may
nominate the persons to be summon-
ed by the bailiff as jurors...831 n., 842 n.
cxc. the case of The King v. Joliffe.. 844
cxci. references to the statute law, and
to various authors, in affirmance of
the position that the steward acts ju-
dicially, and that the bailiff is to per-
form all ministerial acts........831,
cxcii. the inference aided by the King

&c.

LEET-continued.

Page

v. Harrison, the King v. Bankes, and
the late case of Holroyd & Breare 840,
841, 860

cxciii. the duties of bailiff of the leet
are analogous to the sheriff's, in his
ministerial character..........832, 840
cxciv. the sheriff, however, is a consti-
tuent part of the county court... 840 n.
cxcv. reference to the institution of
the trial by jury... . . . . . . .·
cxcvi. the bailiff is sometimes chosen
by the jury of the leet...

832 & n.

843

ccxxii. but the leet hath not power to ar-
raign and deliver the persons indicted ib.
ccxxiii. nor to inquire of assault and
battery without bloodshed........
ccxxiv. nor to take indictment of rob-
bery out of its precinct.....
ccxxv. the steward may be retained
by parol.......

......

ib.

ib.

848

ib.

848

ib. & n.

ccxxvi. except in the case of the King
or a corporation...
ccxxvii. but a deed is more proper,
and certainly essential in an appoint-
ment for life or years, or for the re-
covery of a salary by writ of annuity ib. n.
ccxxviii. semble that the office is not
grantable in reversion.......
ccxxix. whether the King is an excep-
tion......
ccxxx. and whether a judicial office
may be granted in reversion by usage 848 n.
ccxxxi. the stewardship of a leet is
forfeitable for non-user or mis-user 848
ccxxxii. a mandamus lies to restore
the steward of a leet....
ccxxxiii. whether an information in
nature of quo warranto lies for exer-
cising the office....

ib.

ib.

ccxxxiv. doubtful whether the steward
of a leet can act by deputy...... 848-9
ccxxxv. semble that he could not do so
except by custom, or under an ex-
press power in his appointment..... 849
ccxxxvi. an infant cannot preside in
leet as steward or deputy steward.. ib. n.
ccxxxvii. action on the case will lie
by the lord against a person disturb-
ing his steward in holding the court
leet.

(Amercements.)

ib.

ccxxxviii, all offences out of court are
to be presented, and the parties
amerced.....
.... 851 n., 852
ccxxxix. an amercement is considered
to be the act of the jury...... 851
ccxl. and a fine, the act of the court ib.

celv. and the distress may be sold..... ib.
celvi, but a fine not of common right
cannot be distrained for, without a
prescription

......

ib.

22

ib.

cclvii. an amercement in leet is re-
coverable by action of debt
cclviii. and wager of law not allowed,
even before 3 & 4 W. 4, c. 42 .... ib. n.
cclix. it may be recovered by distress

as of common right, as for a fine.. 855-4
cclx, and the distress may be sold.. 855 n.
cclxi. but the power of distress is sus-
pended by the possession of the King 854 n.
cclxii. the distress may be taken in
any place within the precinct of the
leet.

854
cclxiii. even in the common street.... ib.
cclxiv. but the cattle of a stranger
cannot be distrained, as in distress
for non-performance of suit .......
cclxv. the bounds of the leet must be
pleaded in justifying the distress for

ib.

cclxxiv. in debt for amercement in
leet the declaration must express the
names of the affeerors, and aver that
the affeerment was made at the same
court as the amercement..... 853 n., 855
cclxxv. held in Monnop & Thomas
that the issue whether C. & H. were
afferatores curiæ prædicta ought to
have been tried by the record...... 855
cclxxvi. in debt for amercement in
leet the declaration must aver inha-
bitancy, as well at the time of the
amercement as of the offence...... ib.
cclxxvii. but it will be cured by ver-
dict

cclxxviii. averment that the court was
held before the steward, when in fact
it was held before the deputy stew-
ard, is fatal.....

cclxxix. a summons to serve on the
jury of court leet, will not maintain
an averment in the declaration that
the party was summoned to serve on
the jury of the court leet and court

baron...

cclxxx. notice need not be alleged in
debt for amercement for not abating
a nuisance....

cclxxxi. the fact of the presentment
may be traversed in debt for amerce-

ment

ib.

ib.

ib.

856

ib.

ོ

cclxxxii. and the rule applies to an
amercement for breach of a by-law.. ib.
cclxxxiii. but the court of B. R. has re-
fused a certiorari to remove the pro-
ceedings out of court leet, where the
amercement had been estreated into
the Duchy court of Lancaster...... ib.

856, &c.

cclxxxiv. the case of The King &
Heaton on the point
cclxxxv. which shows that amerce-
ments in the courts belonging to the
Duchy of Lancaster are recoverable
by levari facias out of the duchy
court, after being estreated there..857-8
cclxxxvi. amercements in the King's
leet, are to be estreated into the Ex-
chequer, and levied by levari facias. 858
cclxxxvii. any action of trespass con-
sequent on such process must be
brought in the office of pleas in the
Exchequer...

cclxxxviii. amercements in leets of
private lords are estreated, or ex-
tracted, from the rolls, and the stew-
ard's warrant to the bailiff to levy
the amount is subjoined....

§. 3.

(By-Laws).

...

ib.

ib. n.

858

ib.

cclxxxix. may by custom be good in
leet....

8.59

861-2

ib.

ccxc. and in pleading the custom the
by-law must be set forth.....
ccxci. are not binding of common
right, except as to matters properly
cognizable there, as the neglect of
repairing highways, &c.
ccxcii. a custom to make by-laws of
a private nature could not be sup-
ported...
ccxciii. in one case the party was put
to plead where a fine had been es-
treated into the Exchequer, which
was set under a by-law in one of the
King's manors for receiving an inmate
without giving security to the over-
seers of the parish.
ib.
ccxciv. must be just and reasonable . ib. n.
ccxcv. whether a by-law for repairing
a church is for the public good, and
binding....
747 n., 859 n.
ccxcvi. semble, that personal notice of
a valid by-law in leet is unnecessary 856,

$ 4.

860

(Election of Officers at Leet).
ccxcvii. THE CHIEF MAGISTRATE of a
borough or town is in some manors
elected by the jury of a court leet.. 860
ccxcviii. which may be enforced by
mandamus.....
.....ib. n.

ccxcix. in other manors the jury
present the candidate having the ma-

is in the jury of the court leet..... 862
cccxi. but it was formerly a great

question whether the right was in the
jury or the steward.

ib.

cccxii. a corporation cannot elect a
constable, except by custom ...... ib. n.
cccxiii. a constable or tithing-man re-
fusing to be sworn may be fined
when present....
..........850, 862, 866
cccxiv. if absent, he may be amerced
on presentment of the contempt at
the succeeding court........851 n., 862
cccxv. and in either case he may be
indicted at the assizes or quarter
sessions ..
....863, 866
cccxvi. what must be set forth in an
indictment for the offence....
cccxvii. a refusal to take the oath is
evidence of a refusal to perform the
duties of the office [The King v.
Brain]....

cccxviii. not necessary to allege in the
indictment that the party refused to
be sworn, but sufficient to state that
he contemptuously refused to take

867

ib.

cccxxi. when the leet neglects to
choose a constable, the justices in
sessions may appoint one....
cccxxii, but only until the lord shall
hold a court.

863

ib.

cccxxiii. and the justices should sum-
mon the party to be sworn........ib. n.
cccxxiv. the sessions cannot discharge
a constable appointed at the leet ... 863
cccxxv. except under 13 & 14 Car. 2.
c. 12, if a constable should die or go
out of the parish, or should continue
in office above a year; and then only
until the lord shall hold a court.... ib.
cccxxvi. but the court of King's Bench
will discharge a constable chosen in
leet by spleen, and the former con-
stable must act until another be duly
elected
cccxxvii. a person not idoneus may
be discharged by the leet, or by the
court of B. R.
cccxxviii. a tenant of a manor leet is
not excused from serving the office
of constable for the hundred ....... 864
cccxxix. but a custom for such ex-
emption is good

ib.

...ib. n.

ib.

cccxxx. the office is a personal and
not a pecuniary service.
cccxxxi. it should seem, therefore,
that a person chosen constable can-
not of his own authority appoint a
deputy....

ib.

cccxxxii. a practising barrister and at-
torney are exempt from serving the
office of constable

cccxxxiii. but a physician is not
cccxxxiv. perhaps the court of B. R.
would relieve a gentleman of quality,
where there are sufficient persons
besides
cccxxxv. but a person discharged by
the sessions as being a master of
arts, has been compelled by the court
of B. R. to be sworn...
cccxxxvi. a certificate under 10 & 11
W. 5. c. 23, discharging persons from
serving parish offices, is no exemp-
tion from being sworn constable in
leet..
cccxxxvii. it seems inconsistent to im-
pose
the office on women.........

865

ib.

ib.

ib.

865 n.

.....

.....

ib.

.... 868

.... 868-9

(The jury and their presentments).
cccxliii. how offences cognizable in
the leet are to be inquired of and
presented
..... 847, 868, 878-9
cccxliv. the jury is to consist of not
less than 12
cccxlv. and a party may aver against
a presentment made by less than 12. 869
cccxlvi. it is sufficient if that number
are agreed......
cccxlvii. when there are not 12 suitors
present, the steward may compel a
stranger to be sworn, and impose a
fine for his refusal. ..... 847, 868 n.
cccxlviii. whether a presentment in
leet is traversable....
cccxlix. all presentments in leet may
be removed into B. R. by certiorari
and there traversed.....
ccel. and, clearly, the jurisdiction of
the court leet is traversable .......
cccli. by the act 1 Eliz. c. 17, for pre-
serving the spawn of fish, the stew-
ard may impanel a second jury to in-
quire of any concealments by the
jury first sworn
854 n., 869
ccclii. the act imposes a penalty on
every juryman guilty of wilful con-
cealment
cccliii. semble that the perjury or wil-
ful concealment of a leet jury was
always inquirable there by another
jury, and punishable [Vide 6 G. 4. c.
50, 60.]...
ib.