Page:Ruffhead - The Statutes at Large - vol 3.djvu/729

 A. D. 1697.- AnHo octavo & nono G u L 1 E L MI IIL C 27. 673 Offender or Offenders for counterfeiting the King's Money ; any thing in this Act contained, or any other Law or Statute to the contrary notwithftanding. VIII. And for the rendring more effe«3ual an Aft made in the fixth and fevcnth Years of His Majcfly's ofitnccs in 6 t Reign, intituled, An All to prevent counterfeit} >ig and clipping the Coin of this Kingdom ; Be it enafted by the 7 *V- 3- <:• '7- Authority aforcfaid, That all and every tfie Crimes and Offences, fpecified and mentioned in the faid Aft, "^^y i.c lie rd ia may be he-ard and determined upon Indiftment or Prefentment either in His Majefly's Court of King's Bench, '^' ^'"^ ' or before the Juftices of Oyer and Terminer, or Juftices of Aflize, or general Gaol Delivery. q°„i Dc-lUtry* IX^ Provided always, and be it enafted. That this Aft fhall continue and be in P'orce until the End of Proftcutiontobe the next Seflion of Parliament, and no longer; and that no Profecution fhall be made for any Offence jp. three Months, a^ainft this Aft, unlefs fuch Profecution be commenced within three Months after fuch Offence committed. By 9& lo v/. [This Aft made perpetual by 7 Anna, cap. 25. feft. 3. and by feft. 2. the Makers or Menders of Tools 3- c. ^r. §. i. aie to be profecuted within fix Months.] -"? ''"'■°" "^ y d(i!ace counlci- fcit Money. See further i Ann. Jlal, i. c, 9, and ij Gtt, », c. 28, CAP. XXVII. An A(5t for the more efFeftual Relief of Creditors in Cafes of Efcapes, and for preventing Abufes in Prifons and pretended privileged Places. ' VV have for feveral Years paft refpeftively executed the Offices of Marlhal of the King's Bench, V''ar- ' den of the Fleet, and Keeper of the Marjhalfea, Newgate, and other Prifons, and by feveral pretended ceTlent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, f'^- '*; ^_, in this prefent Parliament affembled, and by the Authority of the fame. That from and after the firll Day p'rifoners in die' of May one thoufand fix hundred ninety-fevcn, all Prifoners, either upon Contempt or Mefne Procefs, King's Bench or or in Execution, who are or fhall be committed to the Cuftody of the Marfhal of the King's Bench Prifon, fleet to be ce- .or Warden of the Fleet, fhall be aftually detained within the faid Prifons of the Kitigs Bench and Fleet, or [^X^rJi'^': " the refpeftive Rules of the fame, until they fhall be from thence difcharged by due Courfe of Lav/ ; and if Keeper^ fu'ftVring at any Time from and after the faid iirft Day of May, the faid Marfhal or Warden, or any other Keeper thiem to go at or Keepers of any Prifon, fhall permit and fuffer any Prifoner committed to their Cuftody, either on M?ihe i^rge without ■ Procefs or in Execution, to go or be at large out of the Rules of their refpeftive Prifons (except by virtue J^^''"^ Corpuj of fome Writ of Haheas Corpus, or Rule of Court, which Rule of Court fhall not be granted but by Mo- YcTp"^ ^" tion made or Petition read in open Court) every fuch going or being out of the faid Rules fhall be adjudged FortiieMintfts and deemed, and is hereby declared to be an Efcape. , 9 Geo.i, c. i?. II. And be it further enafted by the Authority aforefaid, That from and after the faid firfl: Day oiMay, Upon Judgment every Perfon or Perfons obtaining Judgment in any Aftion of Efcape againft the-faid Marfhal or Warden, in Aaion of E- <jr their refpeftive lawful Deputy or Deputies, fhall and may have, not only the feveral Remedies already '^^^P^' Mafft'l by Law allowed for obtaining Satisfaftion thereon, but the Judges of the refpeftive Courts where fuch °je^'fe''"efUrei Judgment fliall be obtained (upon Oath before them made by the Perfon or Perfons obtaining fuch /o^ satisfaftion. Judgment, that the fame was obtained without Fraud or Covin, and that the Debt of the Prifoner making fuch Efcape was a true and real Debt and unfatisfied) fhall, upon Motion made to them in open Court for Mod. Cafes in that Purpofe, fequefler the Fees and Profits of the Office of Marfhal or Warden, or fo much, or fuch Part i-aw 350, or Proportion thereof, as the faid Court wherein fuch Motion fhall be made fhall think fit and reafonable, with refpeft to the Debt or Debts due from fuch Prifoner or Prifoners fo efcaping, and in the firft Place apply the fame towards Satisfaftion of the Debt or Debts due from the Prifoner or Prifoners who efcaped, together with all Cofts and Damages recovered in fuch Aftion of Efcape. III. And to the end that fuch Satisfaftion may not be deferred by any Writ of Error brought for Delay only, be it enafted, That if the faid Marfhal or Warden, or their refpeftive Deputy or Deputies, fhall at Mar/Tial, &e. ' any Time after the faid firft Day of May fue forth any Writ or Writs of Error to reverfe any Judgment ''"'"s ^ ^"^ "f given in any Aftion of Efcape, fuch Marfhal or VxT'arden, or their refpeftive Deputy or Deputies, fhall be fu5''J„^t.nt'^7j'^ obliged to put in fpecial Bail, or in Default thereof no Execution fliall be ftayed, nor any Sequelfration ofjJutfj^fl^i/ the Profits delayed. Bail. ' IV, And whereas it is notorious that divers great Sums of Money and other Rewards have been given ' and other Keepers of the feveral Prifons within this Kingdom, to aflift or permit Prifoiiers in their Cuf- ' tody to efcape, in open Defiance and Contempt of the Laws oi this Realm :' For preventing the like Evil Praftice for the Time to come. Be it further enafted, That if any Marfhal or Warden, or their refpeftive Penalty on tin , Deputy or Deputies, or any Keeper of any other Prifon within this Kingdom, fliall take any Sum of Mo- M^rftai, &-c. ney, Reward, or Gratuity whatfoever, or Security for the fame, to procure, affift, connive at, or permit ""S """y '^^* any fuch Efcape, and fhall be thereof JawfuUy convifted, the faid Marflia! or Warden, or their refpeftive ^XvxtoZ"X- Deputy or Deputies, or fuch other Keeper of any Prifons as aforefaid, fliall for every fuch Offence forfeit fcare. ■ the Sum of five hundred Pounds, and his faid Office, and be for ever after incapable of executing any fuch Office. ... V. Provided always, That this Aft, nor any thing therein contained, fhall extend, or be confrrued to This Aa notte extend to make void fuch Securities, or any of themi, as fhall at any Time or Times hereafter be given by ■*'°''' Securities any Prifoner or Prifoners for his or their Lodging or Lodgings without the aforefaid Prifons, or either of fj|™Vj]J^.J'°^fis . them, within the Rules of the faid Prifons of King's Bench and Fleet, or either of them,- fo as fuch Secu- RuU.^of thefai Vol.. III. .411 rity Prifons. ' '
 * TTTHEREAS by reafon of the many grievous Extortions and ill Praftices of fuch Perfons who
 * privileged Places within this Realm, both Creditors and Debtors have been notorioufly abufed, and the 14 -E/. c 5,
 * good Intents of the Law wholly eluded :' For Reformation thereof be it enafted by the King's mofl: Ex-'4; -'••''■ ^. i.
 * to, and aftually received by, the feveral Perfons executing the refpeftive Offices of Marfhal and Warden,