Legal Term: AMERCEMENT

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or orders of the court, he might be amerced, that is, a penalty might be imposed upon bim, but this practice has been superseded by attachment.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

Return to the Legalnut.com Law Dictionary