Amercement

In practice. A pecuniary penalty imposed upon an offender by a judicial tribunal. The judgment of the court is that the party be at the mercy of the court (sit in misericordia), upon which the affeerors — or, in the superior courts, the coronerliquidate the penalty. As distinguished from a fine, at the old law an amercement was for a lesser offense, might be imposed by a court. not of record, and was for an by statute. Either party to a suit who failed was to be amerced pro clamore falso (for his false claim), but these amercements have been long since disused. 4 Bl. Comm. 379; Bac. Abr. "Fines and Amercements." The officers of the court, and any person who committed a contempt. of court, was also liable to be amerced. AMESUREMENT (Law Fr.)

In old English law. Admeasurement. Britt. c. 58; Reg. Grig. 155, "Regula."

A pecuniary penalty imposed upon an offender by a judicial tribunal. The judgment of the court is, that the party be at the mercy of the court (.sit in m a), upon which the affeerora — or, in the superior courts, the coroner — liquidate the penalty. As distinguished from a fine, at the old law an amercement was for a lesser offence, might be imposed by a court not of record, and was for an uncertain amount until it had been affeered. Either paity to a suit who failed was to be amerced pro clamore Jalso (for his false claim); but these amercements have been long since disused; 4 Bla. Com. 379; Bacon, Abr. and Amercements. The officers of the court, and any person who committed a contempt of court, was also liable to be amerced. Formerly, if the sheriff failed in obeying the writs, rules, or orders of the court, he might be amerced; but this practice has been generally superseded by attachment. In some of the United states, however, the sheriff may, by statutory provision, be amerced for making a return contrary to the provision of the statute; Coxe 136, 169; Stephens v. Clark, 8 N. J. L. 270; Wright v. Green, 11 N. J. L. 334: President, etc.. of Paterson Bank v. Hamilton, 13 N. J. L 159; Le Roy v. Blauvelt, 13 N. J. L. 341; Dawson v. Holcomb, 1 Ohio, 275, 13 Am. Dec 618; Mc Lin v. Bardie, 25 N. C. 407; Cam. & N. 477; or if he fails to make a return within the proper time; Sharp v. Ross, 7 Ohio Cir. Ct. 55.

amerciament, Amerciamentnm, ishment or penalty imposed by a court from a fine, which was a punishment arising and imposed and assessed by the court, in court and that only in general terms, and moderated) by the peers of the party, hence ing a lighter punishment; and in being imposed on officers of court. In the ancient

A pecuniary penalty, in the nature of a fine, imposed upon a person for some fault or misconduct, he being “in mercy” for his offense, It was assessed by the peers of the delinquent, or the affeerors, or imposed arbitrarily at the discretion of the court or the lord. The difference between amercements and jines is as follows: The latter are certain, and are created by some statute; they can only be imposed and assessed by courts of record; the former are arbitrarily imposed by courts uot of record, as courts-leet. ‘Termes de la Ley, 40. The word “amercement” has long been especially used of a mulct or penalty, imposed by a court upon its own officers for neglect of duty, or failure to pay over moneys collected. In particular, the remedy against a sheriff for failing to levy an execution or make return of proceeds of sale is, in several of the atates, known as “amercement.” In others, the same result is reached by process of attachment. Abbott.

Amerciament. [L. Lat. am£rciamentum, misericordia; from Fr. merci, mercy.] In practice. A pecuniary punishment imposed by a court upon an ofiender; and supposed to be so called either because the offender thereby anciently put himself in the mercy {in misericordia) of the king or lord, or because the amount of the punishment was to be m^cifully assessed, that is, at a less sum than was actually deserved. Tennes de la ley. F. N. B. 76, K. Co. Litt. 126 b. 1 Crabb's Retd Prop. 506, §653. •,^.„ Anciently there was an important distinction between an amercement and a fine. A fint was a certain punishment, growing ■expressly out of some statute, and was always imposed and assessed by the court; an amercement was imposed by the court in general terms, {quod sit in miser icordia, that the party be in mercy,) and was afterwards assessed or affected (that is, jnoderated, and reduced to a certain sum) by the peers or equals of the party, who were hence called affeerors. Cowell, Termes de la ley, F, N'.B. 76, H. K. 8 Co, 38, [77,] 59, [118.] 11 Id. 43. 1 Salk. 67. 3 Id. 33. 4 Bl, Com, 379. See Affeer, Affeerment This was pursuant to Magna Charta, (c. 14,) and the Statute of Westminster 1, (c. 6.) Brae/, fol. 116 b. See Anierciare. Again, a fine was a more severe punishment, imposed for offences of magnitude; an amercement was a lighter or more merciful penalty, adapted to offences of a lighter character; (mulcta levishvioribus erratis per misericordiajti imposita,) Spelma^i, voc. Amerciamentum. 1 Manwood's Forest Law, 166, cited in Cowell. See Fine. Lastly, the term amercement was applied more particularly to pecuniary punishments imposed upon the officers of courts, as sheriffs and coroners, and the word is still used in this sense. Cowell. Bouvier. United States Digest, Amercement. See Amerciare. In other respects, however, no essential distinction remains between an amercement and a fine. Amercements, in their ancient technical sense, are entirely disused in modem practice.