Amercement


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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or orders of the court, he might be amerced; that is, a penalty might be imposed upon him; but this practice has been superseded by attachment.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.

References in periodicals archive ?
on their behalf, presumably the cost of their amercement in the church court.
(Cambridge, 1968), ii, 519: `A litigant who hoped to get to the end of his suit without an amercement must have been a sanguine man; for he was playing a game of forfeits'.
* "Persons, who obstruct, or make any kind of mischief with the flow of water intended for cultivation shall be punished with the first amercement" (Shamasastry, 1915c, p.
* Chanakya mentioned, "when a person breaks the dam of a tank full of water, he shall be punished with the highest amercement and of a tank which is in ruins owing to neglect, he shall be punished with the middlemost amercement" (Shamasastry, 1915d, p.
probably no single "community" in the county will escape without amercement.
Usually the amount of his amercement would be assessed by his peers in the king's court, but John would prefer to have the tenant buy his goodwill at exorbitant rates.
amercements for misbehaviour in matters of civil right....
The abbreviation po (ponit se super patriam, or `is brought to trial') is written above some culprits' names instead of the usual amercements. That they were brought to trial implies that the drinking parties were recognized as a nuisance.
Before Moisa, no one has ever suggested that amercements of commercial brewers were directly related to ale prices, and for good reason.
At Nottingham in 1395, for example, nineteen people were accused simultaneously as common "forestallers and gatherers of coal, selling it excessively high." It seems unreasonable to speak of monopoly profits in the coal trade when so many sellers were involved in such a small town.(70) Many of the common forestallers who were fined paltry sums had too little capital to monopolize anything; their amercements were merely token punishments for the honour of the town.
Abuse of discretion in fixing amercements for misconduct is what these three clauses of Magna Carta sought to curb, and contemporary lawyers could easily have seen a connection between them and the principle of proportionality found within the natural law.
To Received by 1:04:11 Amercements, Received by Copy- 14:07:06 hold Fines, The Accompt of Stock thereupon is as followeth Given in Charge Sold for l, s.