Page:Ruffhead - The Statutes at Large - vol 3.djvu/416

 1 SSr C. 20. Anrro vicefimo fecundo & tertio Car-oli II, A; D. 1670. CAP. XX. (7.) (16.), "An A& for the Relief and.Releafe of poor diarefll-d Prifoners iOr Debt. . tiELel SHI * rf iTTOrafiinuch as very many Pcrfons now detained in Prifon, are mifer^bly'impoverifhed, either by reafon- i).^ £/. c. 3. •--; ^ _£' of the late unhappy .'rimes, the fad and dreadful f'ire, their ovvn Misfortunes, or otherwife, lb a«f^' ■f'ffo'ced h ' '■'^^y ^'^ totally difabled to give any Satisfadlion to their Creditors, and fo become, without Advantage to z G°o?a. C.2I. ' ^"y? ^ Charge and Burd.en to the Kingdom, and by Noifomnefs (infeparably incident to extream Poverty) ' may become the Qccafion of Peftilence and contagious Difeafes, to the great Prejudice of the Kingdom,}^,. " Juftke of the Peace; fhall command the Body of. any Prifoner to be brought before .him. The Form 4lfl "the Oath.) The Priforier to.be remanded! Notice to be left with the PlaintifF to appear at the Seffiotisl" " When the Prifoner to be difchar£;ed. .30' Car. 2. Stat. i.e. ,4. §. 4. Wilfulnefs in the Creditor. T|)'e' " Sheriff, &c. difchargcd from all Efcapes. 30 Car. 2. Stat. i. c. 4. §. 8. Double Cofls. 1 he Judgments " fliall frand good notwithftanding the Difcharge. The Prifoner taking, a falfe Oath, fhall be indicted of " Perjury. A new Execution to be av/arded ag.jinft him. No Officer fliall delay to bring any Prifoner be- " fore a Juftlceof thePeace. ThePenalty. 30, CJar.-z, Stat..i. c.j,4. §. 7_."_^^, .^ ^ ■ . -iT NoShevift; Bji- ' IX. An"-' '^^nc-V'-'as it is found 'by common Expefie'nce, That fuch Perfori or'Perfons that are under Ar- Hfforotliri- • -'^rgf^-g^ or committed to the'Cuftody of Slieriffs, Bailiffs, Gaolers, Keepers of Prifons or Gaols, are much ciiryTny Petfon ' ^-Dufed^and wronged by Extorting of gre^t Fees, Rewards and other ExaSions, and put tn great Expen- to'any Tavern, ' CCS linoer Pretenccs of Favour or otherwife, whereby they are greafly opprefled. and many Times ruined ' Alchoufe, &c. or ' in their -Eftates ;' (2) For Remedy thereof, PiS it enaiSed by the Authority aibrefaid, That if any Under- c:iiitorany S'heriff, Bailiff, Sergeant at Mace or other OfHcer or Minifter whatfoever, .fhall at any Time or Times "^^'u"^ "'^'f'-. liei'eafter have in his or their Cuffody any Perfon or Perfons by Virtue or Colour of any Writ; Procefs qr Go'ni'cnt."" "^'^ other Warrant' whatfoever, it fiiall not be lawful for fuch Officer or Officers to convey drxarry, orcaufefo ' be conveyed or carried, the faid J^erfon. or Perfons to any Tavern, Alehoufe or other publick Vi.5lualling or Drinking Houfe, without the free and voluntary Confent of the faid Perfon, or Perfons, fo as to charge lucli, Pi'ifoner with any "Suin of Money for any Wine, Beer, Al?, Victuals- Tobjxco dr any other Things ^■'cr demand or -wharfqeve-r, but vyhat the faid Per/on ,or Perfons fhall call for. of his,- her or their own Accord; (3} and' Tvcc.vs grcajer .fliall not demand, take or receive, or.caufe to be demanded, taken or received, direfbly or indirciSlly, any Sum tK.in what othc'.' or greater Stim or Sums than what bv Law ought to be taken or demanded for fuch An eft. Taking bl t.iken°fo"' '° or Waiting; (until fuch Perfon or Perfons fliall have procured an Appearance, found Bail, agreed with his waiting, or their 'A'dverfancs, or be fent to the proper Gaol belonging to the County, City, Town or Phice, where fuch Arrefl or Taking fliall be) (4.) nor take and exact any other Reward or Gratuity'for fo Keeping the 1 faid Perfon or Perfons. out of the Gaol or Prifon, than what he, fhe or they fliall or will of his, her or -their own Accord voluntarily aiid freely give; (5) nor take nor receive any other or greater Sum or Sums! 'for each Night's, Lodging or other Expences, than what is reafonable and fitting in fuch Cafes, or fhall be fb adjudged by"'the next Juftice.of the Peace or at the next QLiarter-Seflions ; (6) and fliall not caufe or procure the f.iid Perfon or Perfons to pay for any other V/ine, Beer,- Ale, ViiStuals, Tobacco or other Things, than what the faidPerfon or Perfons fhall voluntarily, particularly and freely call for. Tha^allSheriffs, X. And that every -Under-Shcriff, Gaoler, Keeper of Prifon or Gaol, and every Perfon or Perfons what- GaoleTSj&c Hiall-foever, to whofc Cuffody any Perfon or Perfons fhall be delivered or committed, by Virtue of any Writ or ?on^sVo*'ftndfor •^'■'^- ' °^ ^"^ Prctenccwhatfoever, fliaHpermit and fuffer the faid Perfon or Perfons at his and their Will al'cceflVr^y Food*"^ "" P'"^^"^' to'fdndTor and lia've any Beer, Ale, Victuals aiid other neceffary Food, where and from wherefhey. ., wlience they- pleafe ;■ as-alfo to have and ik (uch Beddinj, Linen and other Things, as thfe faid Perfon of .pieaiV;' "'[ Perfons fnall think fit, without any Purloining, Detaining or Paying for the fame or any Pjirt thereof ; nor Nor'dem-andany'fl^all .dsrnand, take or, receive of the faid Perfon or Perfons any other or greater Fee or Fees whatfuever, gre.itt-r Fee ior for his, her Or their Commitment, Relpafe or Difcharge, or for his, her or their Chamber-rent, than what tv e,v Coifiniit- -jg allowable by Law, "until the fame fhall be fettled by three Juftices of the Peace, whereof one to be of the "■'■"*_ "^y'^'^' ■ •Riorum, of each particular County, City and Town Corporate in their feveral Precinfts ; and for the City V. h^afls allo'wa '-of -Z^»wA« aiid Counties of Alui.'/lefex -and Surrey, the two Lord Chief Juffices of the King's Bench and iJe!' ■■" " •"'^■-Carri-rrioh Pleas, and the Lord Chief Baron, or any two of them, and the Juftices of the Peace of the fame in their feveral Jurifdifiions. Th.it Inquiry be XL And likevvife that the faid Lord Chief Juffices, Lord Chief Baron, and Juftices of the Peace in their nn-Hdf into all feveral Jurifdiction-s and all Coinmiffioners for Charitable Ufes, do ufe their beft Endeavours and Diligence '-'^fJ'.fe.S"-^", ■to.') exarhiiie and find out the feveral Legacies, Gifts and Bequefts beftowed and given for the Benefit and ifoVrPriOwrl^^^^^'^'^^^v^'^'^f *^ poor Prifoners for Debts in the. feveral Gaols and Prifons in this Kingdom, and to fend ■ -;■■ '' for any Deeds, Wills, Writings and Books of Accounts whatfoever, and any Perfon or Perfons concerned therein, and to examine them upon Oath, to make true Difcovery thereof fv/hich they have full Power find; Authority hereby .to do) and the '!ame fo found out and afrertained, to order and fettle in fome Manner and Way,; th^it the Prifoners hereafter may not be defrauded, bubieceive the full Benefit thereof, accordiug t© the true Li tent of the Donors. That the Rates ]%i, And that thefe Accounts of, the feveral Legacies, Gifts and Eequefls given and beftowed upon the of Fees, and Go- fe-wj^ral Prifoners for Debt withhi this .Kingdom, and the feveral Rates of Fees and the future Government fcnsbn'ncrby ^f Ptifoiis, be figned and. confirmed by the Lord Chief Juftices and Lord Chief Baron, or any two of them iheLord'chi'ef ^'^f the .Time .being, gnd the Juftices of the Peace in London, MidcU?fex and Surrey, and by the Judges for Juftices, &.. and the;fevfralCJreuits,r.an-l Juftices of the ..Peace for the Time being in^ "their feveral PreciniErs, and fairly vvrit- h'ji^ up ii, every ten and hung up in a Table in every Gaol and Prifon, befp.rq. the.-fi/ft .Day. &^:^N6yember.QX^ thoufand fix i nr their ■ly huiidrejl, fevcnty and one, and likewife be regiftred by each and every Clerk of the Peace within his or their • 1 ■- ■ -^ . particular