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amercement

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amercement noun damages, fine, forfeit, forfeiture, pecuniary penalty, penalty
See also: correction, cost, discipline, fine, forfeiture, penalty, punishment

AMERCEMENT, practice. A pecuniary penalty imposed upon a person who is in misericordia; as, for example, when the defendant se retaxit, or recessit in contemptum curioe. 8 Co. 58; Bar. Ab. Fines and Amercements. By the common law, none can be amerced in his absence, except for his default. Non licet aliquem in sua absentia amerciare nisi per ejus defaltas. Fleta, lib. 2, cap. 65, Sec. 15.
     2. Formerly, if the sheriff failed in obeying the writs, rules, or orders of the court, he might be amerced; that is, a penalty might be imposed upon him; but this practice has been superseded by attachment. In New Jersey and Ohio, the sheriff may, by statutory provision, be amerced for making a return contrary to the provision of the statute. Coxe, 136, 169; 6 Halst. 334; 3 Halst. 270, 271; 5 Halst. 319; 1 Green, 159, 341; 2 Green, 350; 2 South. 433; 1 Ham. 275; 2 Ham. 603; 6 Ham. 452; Wright, 720.

AMERCIAMENT, AMERCEMENT, English law. A pecuniary punishment arbitrarily imposed by some lord or count, in distinction from a fine which is expressed according to the statute. Kitch. 78. Amerciament royal, when the amerciament is made by the sheriff, or any other officer of the king. 4 Bl. Com. 372.



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Two years before that the Inner Temple had been more restrictive still, recording in its parliament that "first, it is ordered that the cooks or any other officer in the kitchen shall not have any woman or woman-kind to come or resort into the kitchen or kitchen door for any cause, upon pain that the officer to whom such person shall resort to lose his office or place, or otherwise be punished by amercement.
In those actions of ravishment appearing in common law courts as a trespass, a conviction would result in the accused paying an amercement, usually the equivalent of the goods allegedly stolen from the husband in addition to damages.
The punishment for impermissibly intruding upon the forest was amercement (fine) at the next Eyre in addition to an annual fine based on the crops sown: For every acre illegally planted, the fine was a shilling for winter corn (either wheat or rye) and sixpence for spring corn (generally oats).
 
 
 
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