Page:Ruffhead - The Statutes at Large - vol 4.djvu/168

 ii6 C. 6. Amio primo Ann^ Reginse. Stat. 2. who (hall be tommittcd to the County Gaol where taken, there to remain ' By 5 Anns, c. 9. §. I. f"ch Perfons fhall be comnfiittcd to the Prifon, which the Shc- rift" ufeth for Debtors.' Exception. Mayor, &c. after Dchvery of Prifo- ner, fhall cake a Receipt ii'om Sheriff. Sheriff to make Return of War- rant, &c. and anfwer for Prifoner efca- ping, after re- taken. Prifoners Bsfil may have a Writ to Sheriff to de- tain Prifoner,&c. Writ to be re- turned into Court, &c. Sheriff, &c. af- terwrard fuffering Priloner to ef- cape, liable lo fuch Af^ion, &c. as Marshal or V/arden, &c. Penalty on She- riff, &c. neglec- ting to make Re- turn of Writ, Reddidit fe. This Aft to be a General Law. General IiTue. Treble Cofts. Farther Pn-uiji- A. D. i70i» or Perfons fo efcaped, or going at large ; and fuch Perfon or Perfons fo re-taken upon fuch Warrant forthwith to convey and commit to the common Gaol of fuch County where fuch Perfon or Perfons fo efcaped, or going at large, fliall be re-taken, there to remain without Bail or Mainprize, or being thence upon any Account vvhatfoever delivered or removed, until he, flie, or they fhall have made full' Payment or Satisfaction to die refpe£tive Plaintiff or PlaintifFs, Creditor or Creditors, in fuch Adlion or Actions, Execution or Executions named, or until the Judgment or Judgments, on /hich fuch Execution or Ex- ecutions was or were fued out againft fuch Perfon or Perfons, fliall be reverfed or difcharged by due Courfe of Law, or until Judgment in fuch Adtion or Actions be given for fuch Perfon or Perfons fo committed as aforefaid, or until the faid Contempt or Contempts, for which fuch Perfon or Perfons were or fhall be committed, be cleared, and difcharged ; except fuch Perfon or Perfons be charged with Treafon or Felo- ny, or any other Crime, Matter, or Caufe, for and on the Behalf of the Queen's Riajefly, her Heirs and Succeflbrs; and if he or flie, for any fuch Caufe, on the Behalf of the Qiieen, her Heirs and Succef- fors, be removed to any other Gaol or Prifon, he or flie {hall be, in the Cullody of fuch Gaol, charocJ "with all the Caufes with which he or fhe is or fliall be charged in the Gaol from whence he or flie fliall be rt-moved : And every Mayor, and other Ofiicer as aforefaid, after Delivery of fuch Prifoner fo re-taken together v/ith fuch Warrant to the SherifF, fliall take a Note in V7riting from fuch Sheriff, teflifying the Receipt of fuch Prifoner, which faid SherifF is hereby required to receive fuch Prifoner, and give fuch Note : And every fuch SherifF as aforefaid, after the Execution of fuch Warrant, fliall forthwith make a Return thereof to the Court where the AcSlion fhall be depending, or Judgment, Order, or Decree had or obtained ; which fhall be entred and filed upon Record. 11. And be it further enafted. That if any fuch Perfon or Perfons fo re-taken by Warrant as aforefaid, fhall at any Time make any Efcape out of the Gaol to which he, fhe, or they fliall be fo conveyed and committed as aforefaid, the SherifF, in whofe Cuftody he, flie, or they was or were, fhall be liable to anfwer for fuch Efcape, as in the Cafe of any other Efcape; any Law, Ufage, or Cuftom to the contra- ry in any wife notwithftanding. IIL Provided always, and be it further enafted by the Authority aforefaid, That it fliall and may be lawful to and for any Perfon or Perfons, that are or fliall be Bail in any Suit or Aftion in any of herMa- jefly's Courts of Record at JVeJiminJier, for any fuch Perfon or Perfons that fliall be re-taken and convey- ed to fuch Gaol as aforefaid, by Virtue of fuch Warrant as aforefaid, to have and profecute, out of fuch of her Majefty's Courts, where he or they are or fhall be Bail, a Writ direcfted to the SherifF of the Coun- ty, to the Gaol whereof fuch Prifoner fo re-taken fhall be committed and detained, commanding fuch Sheriff to detain and keep fuch Prifoner in Cufl:ody in difcharge of his Bail ; which Writ, vi'ith an Ac- count whether he hath the faid Prifoner in his Cufiody, fliall be returned by the faid SherifF into Court, at a Day therein to be mentioned, and the- Delivery of every fuch Writ to the SherifF, or his Deputy, fhall bo deemed and taken to be an effe£tual Render of fuch Prifoner, to all Intents and Purpofes whatfo- ever, in difcharge of the faid Bail ; and that in cafe fuch Sheriff, his Deputy, or other his inferior Officer, fiiall thereafter fuffer the Perfon or Perfons fo rendred, in difcharge of his, her, or their Bail, to efcape, they and every of them fo offending ihall be liable to fuch Adtion and Aftions, as the Marflial of the Queen's Bench, or Warden of the Fleet Prifon, is or are liable to, for permitting any Perfon to efcape out o^his or their Cuflody or Prifon, v/ho was committed to fuch Cuftody or Prifon upon render, in difcharge of his, her, or their Bail. IV. And be it further enafted. That all and every fuch Sheriffs, upon Requeft of fuch Perfon or Per- fons, being Bail as aforefaid, v/ho (hall deliver fuch Writ for keeping and detaining fuch Prifoner as afore- faid, and for the ufual Fees of Returns of Aflions, fhall make, return and certify, under his Hand, the Receipt of fuch Writ, and the Time thereof, and whether the faid Perfon fo re-taken was then in his Cuflody, and in Default thereof, fhall for every fuch Defhult, Negledt, or Refufal, forfeit the Sum of fifty Pounds, to be recovered in any of her Majefty's Courts of Record at JVeJiminftsr^h-^ A6tion of Debt, Bill, Plaint, or Information, wherein no Effoin, Protection, Wager of Law, or any more than one Im- parlance fhall be allowed ; and that upon producing fuch Return or Certificate to the Court where fuch Bail fliall be taken, fuch Court fliall direft and caufe -i. Reddidit fe to be entred upon the Bail-piece, which fhali be as effeiSlual to all Intents and Purpofes, as if the faid Bail had then a<a:ually rendred the Perfon of the faid Defendant to fuch Court, or before any Judge or Judges of the fame. V. And for the Prevention of Difputes touching this Acl, Be it enadted by the Authority aforefaid. That the fame, and every Claufe and Thing therein contained, fliall be adjudged and taken to be a gene- ral Law, and that it fliall not be needful to fet forth the fame in Pleading, or any Part thereof; and that the fame, and every Claufe therein, fliall be conftrued moft beneficially for the preventing of all the Mif- chiefs, Abufes, Efcapes, and other Inconveniences herein provided againft : And further. That if any Perfon or Perfons fhall at any 1 ime be fued for putting in Execution any Power or Authc/ity given by this Alt, fuch Perfon or Perfons fhall and may plead the General Iffue, and give in Evidence the fpe- cial Matter; and if the Plaintiff or Plaintiffs in luch AtSlion or Actions fhall be nonfuit, or difcontinue , his, her. or th;ir Aftion or Aftions, or a Verdift fhall be given for the Defendant or Defendants, or that Judgment 'jpon Demurrer fhall be given for the Defendant or Defendants, every fuch. Defendent or Defendants fhall have his or their treble Cofts of Suit. iaribsr rri-vijt- cas uncernitzg Prijanen, &c, 9 Geo, I. f, »8, llCss, I, C, Zi, II Get, 2. e, j6Gtc, 2, c, jit 3 37 Ceo, a. f, 3 £? 17. a«ii 32 Gis, 2, c, 2S; CAP,