Page:Ruffhead - The Statutes at Large - vol 3.djvu/730

 if^ C. 27.- Anno o£lavo 6c nono Gulielmi III. A. D. i6gj^ No retaking on ^1 fre/h Purluit to rity or Securities be not t^ken for the Enlargement of any Prifoiier or Prlfoners out of or beyond the Rules of the faid Prifons of King's Bench and Fleet, or either of them refpectively. irem ruim.L ii, ^^' A"'^ ^^ '*■ farther enadcd by the Authority aforefaid, That from and after the faid firft D'ay o^ May^ be given in Evi- "° retaking on frefh Purfuit fhall be given in Evidence on the Trial of any Iffue in any Aftion of Efcape dence on Ac- againfl the faid Maiihal or Warden, or their rcfpecSlive Deputy or Deputies, or againfl: any other Keeper tion of Efcape, or Ke'epers of any other Prifon or Prifons as aforefaid, unlefs the fame be fpecially pleaded, nor fliall any '"ll'^AA^"^/ ^"P^<^'^' Pisa be taken, received, or allowed, unlefs Oafh be firft riiade in Writing by the Marfhal or War- Ly^'rpecia"p)ea, ''^P' "^i" their refpeclive Deputy or Deputies, or by fuch other Keeper or Keepers of any other Prifon or unleibiiponOatii Prifons a.s aforefaid, againfl; whom fuch Aftion fhall be brought, and filed, in the proper Office of the re- tha't tiie Efcape fpefcive Courts, that the Prifoner for whofe Efcape. fuch Aclion is brought did without liis Confent, Privity, vjas without or Knowledge make fuch Efcape ; and if fuch Affidavit fliall at any Time afterwards appear to be falfe, and f°"^'^'] "l'*^,"^ ^^'^ M-arfhal or Warden, or other Keeper or Keepers of any other Prifon or Prifons, Ihall be convifted ""' ";■ "■■'^,' thereof by due Gourfe of Law, fuch Marfhal or Warden, or other Keeper or Keepers of any other Prifon or Prifons, fhall forfeit the Sum of five hundred Pounds. Prifoner in Exe- VII. And be it further enafted and declared by the Authority aforefaid. That if at any Time after the ma'°be^r»ul--l' ^^'"^ firft Day oi May, any Prifoner who is or ftiall be committed in Execution to either or any of the faid byany^newc"- refpe£tive PHfons, fhall efcape from thence by any Ways or Means howfoever, the Creditor or Creditors, pias. at whofe Suit fuch Prifoner was charged in Execution at the Time of his Efcape, fliall or may retake fuch Prifoner by any new Capias, or Capias ad fatisfaciendum, or fue forth any other Kind of Execution on the Judgment, as if the Body of fuch Prifoner had never been taken in Execution. wS "rifonw -■ ^^^^•. ^'^^ ^^ it/urther enafted by the Authority aforefaid. That if the faid Marftial or Warden for the it (hall be'an""' '•^^ t)eing, or their refpedlive Deputy or Deputies, or other Keeper or Keepers of any other Prifon or Pri- Ifcape. fons, fhall, after one Day's Notice in Writing given for that Purpofe, refufe to fliew any Prifoner commit- ted in Execution to the Creditor at whofe Suit fuch Prifoner was committed or charged, or to his Attorney^ every fuch Refufal fliall be adjudged to be an Efcape in Law. Penalty on Mar- IX. ^^nd be it further enacSied by the Authority aforefaid. That if any Perfon or Perfons whatfoever, de- r ^to"^ivea ^'""'"S to charge any Perfon with any Adlion or Execution, fliall defire to be informed by the faid Marflial Ntfte whetfier a ^'^ Warden, or their refpecSive Deputy or Deputies, or by any other Keeper or Keepers of any other Pri- Perfon be Prifo- fon Or Prifons, whether fuch Perfon be a Prifoner in his Cuftody, or not, the faid Mar&al or Warden, or ner, or not. fuch Other Keeper or Keepers of any other Prifon or Prifons, fliall give a true Note in Wiiting thereof to the Perfon fo requefting the fame, or to his lawful Attorney, upon Dernand at his Office for that Purpofe, Such Note tobe or in Default thereof fliall forfeit the Sum of fifty Pounds; and if fuch Marfhal or Warden, or their re- fufficientEvi- fpeftive Deputy or Deputies exercifing the faid Office, or other Keeper or Keepers of any other Prifon or dence. ■ Prifons, fhall give a Note in Writing that fuch Perfon is an afirual Prifoner in his or their Cuftody, every fuch Note fliall be accepted and taken as a fufficient Evidence that fuch Perfon was at that Time a Prifoner in acftual Cuftody. Conveyances of X. And be it further enafled by the Authority aforefaid. That on or before the four and twentieth Day the King's of ^z/n? One thoufand fix hundred ninety-feven, all and every the Conveyances, Grants, and Mortgages of PrTfoiV &c^'to' ''^^ ^"■^^"'■^"'^^ °^ *^ aforefaid Prifons of Kings Bench and Fleet, or either of them, and of the Prifon- te inrolied. ' houfes. Lands, Tenements, Buildings, and other Hereditaments to the faid Prifons of Z'/nf'j Bench and Fleet or either of them refpeiStively belonging, or in any wife appertaining, and all Leafes thereof, and the refpeclive Titles of the Marftial of the Kings Bench and Warden of the Fleet Prifons thereunto, or of him or them in whom the Inheritance or Inheritances of, in, and to the faid Prifons, and Prifon-houfes, and Premifies, or either of them, now are, and all Trufts and Declarations of Trufts thereunto, or unto either of them relating, fliall be inrolled (viz.) that of the Marflial of the King's Bench in the King's Bench Court, Future Convey- and that of the Varden of the Fleet in the Court oi Common Pleas at Wejlminjler; and that all future- Con- ances, &c. to be veyances, Grants, and Mprtgages, of the Inheritance of the faid Prifons of King's Bench and Fleet, or of mrolied in 6 either of them, or of any Part of either of them, and all Leafes thereof, and all Trufts and Declarations of Exccuti^on thn-e- "■i'ruft'fhereunto or unto either of them relating, fhall be fo inrolled in the refpeftive Courts, as aforefaid, of, or elfe to be within fix Months next after the executing of every or any fuch Conveyances, Grants,, Mortgages, or void, Leales, or fuch Trufts or Declarations of Trufts thereunto or unto either of them relating, or of any of them ; and if any fuch Conveyances, Grants, or Mortgages, of the Inheritance of the faid Prifons oi King's Bench or Fleet, _ or either of them, or of any Part of either of them, or any fuch Trufts or Declarations of Truft thereunto or unto either of them relating, or any Leafes of the faid Premiffes, be not fo inrolled within the Times limited as aforefaid, in the faid Courts refpeftively, as aforefaid, that then and in fuch C,afe, as well the prefent as all future Conveyances, Grants, and Mortgages of every of them, and the In- heritance of the faid Prifons of King's Bench and Fleet, or either of them, or of any Part of either of them, and all Leafes thereof, and all Trufts and Declarations of Trufts thereunto, or unto any of them relating,, fhai! be and. are hereby declared to be utterly void and of none Effeci:, as if the fame had never been exe- cuted ; any Law, Statute, orCuftom, to the contrary thereof in any wife notwithftanding. Office of Mar- XT. And be it further enafttd by the Authority aforefaid, That from and after the faid firft Day of ^^jv ihal and Warden the faid Offices of Marflial of the King's Bench Prifon, and Warden of the Fleet, and each of them, fiiall of-thc '^'"S^^^ be executed by the feveral Perfons to whom the Inheritance of the Prifons, Prifon-houfes, Lands, Tene- to'^be exe"cuted'" '"ents, and other Hereditam'ents, of the faid Prifons of King's Bench and Fleet, or either of them, fliall then by thofe who beloDjfor appertain refpeftii/ely, in his or their refpeftive proper Perfon or Perfons, or by his or their fuffi- have the inhe- cient Deputy or Deputies; for which Deputy or Deputies, and for all Forfeitures, Efcapes, and other tance of the faid Mifdemeanors, in their refpeftive Offices by fuch Deputy or Deputies permitted, fuffered, or committed, the , Prifons, or thejr ^—^ Perfon or Perfons, in whom the aforefaid Inheritances refpeiftively are or fliall then be, fliall be anfwer- cjju les, (.. ^y^^ ^^.^j ^j^^ Profits and aforefaid Inheritances of the faid feveral Offices fliall be fequeftred, feized, or ex- tcJidcd to make Satisf^iftion for fuch Forfeitures, Efcapes, and Mifde.meanors refpectively, as if permitted, 4 fufteredj.