Case 22 H 6, 51 12 E 4, Ch 1 13 E 4, 6 Process, Viscount By The Judges of Both Benches Co Lit 157 B Hob 139: 1220

In case of the death or removal of a sheriff before the end of his year; no new process shall issue until a new sheriff is made, but shall wait till then, and not be directed to the coroners : but if issue be joined, and the plaintiff suggests to the court that the sheriff is his cousin, and the defendant does not deny it ; process shall issue to the coroners to speed the suit. So if it be suggested in Chancery, and not denied by the other party, that the sheriff is plaintiff, or defendant in the suit; the writ shall be directed by the coroners. [*By the statutes of 12 E. 4, ch. 1, and 17 E. 4, ch. 6, after the end of Michaelmas and Hillary terms, no writ or process shall be directed to the old sheriff, for the sheriff is not to continue in his office any longer. ] Where a sheriff makes a false or insufficient return, he shall be fined or amerced, as the case requires : but notwithstanding these misdemanours, the writ shall continue to be directed to him, and not to the coroners.

Citations:

[1220] EngR 335, (1220-1623) Jenk 99, (1220) 145 ER 71 (A)

Links:

Commonlii

Coroners

Updated: 18 May 2022; Ref: scu.461247