Amerce

Amerce in United Kingdom

Meaning of Amerce

The following is an old definition of Amerce [1]: To be amerced, or d mercie, is to be at the king’s mercy with respect to a fine to be imposed. Later, simply to be fined. whence (the word(s) which follow it are derivatives from the same root word) amercement. Before the jury deliver their verdict the plaintiff is to appear in court, by himself or attorney, to answer the amercement to which he is liable in case he fails in his suit, as a punishment for his false claim. The amercement is disused, but the form remains. It was an arbitrary amount, unliquidated; a “fine” was a fixed sum imposed upon one not a party for some fault or misconduct. Now used of a mulct or penalty imposed by a court upon its owh officers for neglect of duty. In several States, also, amercement is the remedy against a sheriff for failing to levy an execution or make return of proceeds of a sale according to statute.

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Notes and References

  1. Concept of Amerce provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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