Page:Ruffhead - The Statutes at Large - vol 3.djvu/417

 A. D. 1670. Annovlcefimo fecundo 6c tertloCAROLi II. C 21,22. 369 particular Jurifdiftion : And after fiich Eftablifliment no other or greater Fee or' Fees than fhall be fo efta- blifhed, fhall be demanded or received. XIII. And whereas it is become the common Practice of the Gaolers and Keepers of Nev.>i;(!ie, the Felons and Pri- be lodgi; guage " le ' and Difcourfes, with nioft horrid Ciirfing and Swearing, (much accuftomed to fuch Perfons) ;' (2) it enabled by the Authority aforefaid, That it fliall not be lawful hereafter for any Sheriff", Gaoler or Keeper of any Gaol or Prifon, to put, keep or lodge Prifoners for Debt and Felons together in one Room or Ciiam- ber ; but that they fliall be put, kept and lodged feparate and apart one from another in diftinft Rooms ;, jil. 3. Sut, ■ (3) upon Pain that he, flie or they which fliall offend againft this Aft, or the true Intent and ^4caning i & z. c. 7. ' thereof or any Part 'thereof, flinll forfeit and lofe his or her OiBce, Place or imployment, and fliall forfeit ^lna. 35. treble Damages to the Party grieved, to be recovered by Virtue of this ASt ; any Law, Statute, Ufage or The Fortelture Cuftom to the contrary in any wife aotwithftanding. 30 Car. 2. . aTai'nftUiis Aft. 'JfartherPicmfiom relating hereto, ^& i:,W. & M. c. i. 8 Gf 9 AT. -;. c. 27. II Js" il W, 3. c 79. x Ann. f.at. z. c, 6. ^ Ar.n. c, Oj. g C7c3. I. c, a?. l Gio. 1. czi. 1 1 Gt-o, 2. c. 10. 16 Cai. ». c. 31. z; Geo, 2. c. ^ (S' i-j. and ^z Geo. 2. e. zi, CAP. XXI. (17.) ^n Adl: for Taking the Accounts of fixty thoufand Pounds, and other Monies given to the loyal and indigent Officers. CAP. XXII. (18.) An Aft for the better and more certain Recovery of Fines and Forfeitures due to his Majefty. ' TTTHEREAS by divers Statutes in old Time made, it v/as provided, That the Eftreats of Fines, If- ' VV fues, Amerciaments and other Forfeitures fhould be certified and delivered into the Exchequer year- ' ly, and that from thence the Eftreats of the Summons fhould go forth through ail Shires for the Levying ' thereof: (z) Since the Making of which Laws many are the Abufes and Mifchiefs arifen and practifed, ' not only by the not timely certifying and eft"reating the faid Fines and Forfeitures, but alfo by the finifter ' Practice amongfb Officers, in fparing, difcharging and not certifying at all, or if they do certify, yet by ' Mif-certifying and Eftreating the faid Fines and Forfeitures in and into the laid Court of Exchequer :' II. For Remedy whereof, and Mifchiefs of the like Kind, Be it enabled and ordained by the King's moft All Fine?, Poft- Bxcellent Majefly, by and with the Advice and Confent of the Lords Spiritual and Temporal, and the Fines, Ifiues, ommons, in this prefent Parliament afiembled, and by the Authority of the fame. That from henceforth Amcrcianienis, all Fines, Poft-Fines, liiues, Am.erciaments forfeited, Recognizances, Sum and Suins of Money paid or to an'dorher Fmfe'i- be paid in Lieu or Satisfaftion of them or any of them, and all ether Forfeitures v;hatfoever, v/hich alrea- tures forfeited in dy are or hereafter (hall be fet, impofed, loil or forfeited, in his Majefty's Courts of King's Bench, Com- ihe icing's mon Bench or Exchequer, fhall be certified and eftreated in and into the faid Court of Exchequer, twice Bench, or Com- in every Year yearly (that is to fay) All Fines. Poft-Fines, Iff-ues, Amerciaments forfeited, Recognizances, 7'°" '^"y-^". tp n'.o' ,-nV •! 1 '-l-T- c ■ r n- ri ,-i iii be ccnif.ed twice bum and Sums or Money paid or to be paid in JLieu or batistadtion or them or any or them, and all every Year into other Forfeitures whatibever arifmg in any of the faid Courts, from the Beginning of every Hillary Term the Exchequer. in every Year to the Beginning of every Trinity Term in every Year, flrall be and are hereby ordained to Hillary Ter.-n. be certified -and eftreated in and into the faid Court of Exchequer, the laft Day of every Trinity Term in Tnmty Teiia. every Year. III. And all Fines, Pofi:-Fines, Ifllies, Amerciaments forfeited, Recognizances, Sum and Sums of Mo- ney paid and to be paid in Lieu or Satisfaflion of them or any of them, and all other Forfeitures whatfo- everarifing in any of the faid Courts, from the Beginning of every Trinity Term in every Year to the Be- ginning of every Hillary Term in every Year, fliall be in like Manner certified and eftreated in and into the faid Court of Exchequer, the faid laft Day of every Hillary Term in every Year; (2) on Pain that every Officer and Minifter of or belonging to the faid Courts or any of them, to whom it doth, ought or fhall belong or appertain^ to make Certificate or Eftreat of any of the faid Fines or Forfeitures, making Default or off"ending therein, to forfeit and pay fifty Pounds for every fuch Default cr Failure that fhall be The Penalty, made in Certifying and Eftreating as aforefaid ; the one Moiety to the Ufe of his Majefty, his Heirs and Succeffbrs, and the other Moiety to fuch Perfon or Perfons that fhall or will fue for the fame in any Court of Record by Adtion of Debt, Bill or Information, wherein no Wager of Law, ElToin or Proteftion fliall be allowed. IV. Provided alv/ays. That nothing in this Aft contained fhall alter or change the Courfe now ufed in A Saving out of the Certifying and Eftreating of Ifllies from the faid Court of Common Bench, nor of Fines Pro liccntia 'hisAi^. concordandi, coinmonly called Poft-Fines, being Termly certified and eftreated into the faid Court of Ex- chequer, nor the termly eftreating of IfTues certified out of the Office of Fleas belonging to the faid Court of Exchequer, to the Clerk of the Eftreats there. _ ^U ^r^^^ ^^^ V. And be it further enafted and ordained by the Authority aforefaid. That all Fines, Tfifires, Amercia- Fcrfeittnes, &c. ments forfeited, Recognizances, Sum and Sums of Money paid or to be paid in Lieu or Satisfaftion of them before Jurges of or any of them, and all other Forfeitures whatfoever, which already are cr hereafter fhall be fet, impofed, Affue, Clerics of loft or forfeited, by or before any Judge or Judges of AiTize, Clerk of the Adarket cr Commifffoners of ^^^ M^.r^^t, of Sewers throughout the ls. giom of England, fhall be and are hereby ordained to be certified and eftreated ofTe'"'err"to'^ into the faid Court of E?;chequer twice in every Year yearly, (that is to fay) All Fines^ Iffues, Am.er- belnliiieMan- VoL. III. Bbb cianients Atr tertificd.