Amercement

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failed in obeying the writs, rules, or orders of the court, he might be amerced; but this practice has been generally superseded by attachment.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.