Page:Ruffhead - The Statutes at Large - vol 4.djvu/286

 2 3 + Anno quinto Anna Reginae. A. D. 1706. faid firft Parliament of Great Britain, for and on the Part of Scotland. Which Nomination and Elec- tion being certified by a Writ under the Lord Clerk Regifter's Hand, the Perfons fo nominated and ele£ted fhall have Right to fit and vote in the Houfe of Lords, and in the Houfe of Commons, of the faid firft Parliament of Great Britain. ' XIII. As by the faid Aft paffed in Scotland, for fettling the Manner of ele<5ling the fixteen Peers, and ' forty-five Members, to reprefent iSw^/i^w^ in the Parliament of Grf;?/ 5r//a'/», may appear ;' Be it tLve- fore further enacted and declared by the Authority aforefaid, That the. faid laft-mentioaed Adt palFed in Scotland ioT fettling the Manner of elefting the fixteen Peers, and forty-five Members, to reprefent Scot- lar.d in the Parliament of Great Britain, as aforefaid, fhall be, and the fame is hereby declared to be as valid as if the fame had been Part of, and engrolTed in the faid Articles of Union ratified and approved by the faid Aft of Parliament of Scotland, and by this Aft, as aforefaid. Aft aforefaid it- clared valid. Farther Frcvi- Jlonifor iwpro'V' iv^ the UfjloTTf Ju 6 Ann. c. 6. 7 Ann, c. 21. and ^ee 2 1 Geo. 2 c. 19. and 22 Ceo. 2. c. 48. for regulating Trials in High Treafi in Scotland, CAP. IX. I Anns, flat. 2. c. 6, Perfons taken by virtue of I Anns, c. 6. to be com- mitted to Prifon where Sheriff keeps Prifoners for Debtj and re- main in Sheriffs Cuftody. Sheriff anfwer- able for £fcape.~ Efcape Warrant may be granted upon Af^davjt made in the Country. Perfons may be apprehended by Warrant on a Sunday. Perfon in Cu- dody of Sheriff on a Decree, and making his Efcape, Sheriff liable to fay, &c. Act to be a ge- neral Law. For farther Pro- vifons concerning PriJonerSf fee 9 Ceo, I, V, z3, I An Aft for rendring more effeflual an Aft pafled in the firft Year of her Majefty's Reign, in- tituled, Jn A51 for the better 'preventing Efcapes out of the Queen's Bench and Fleet Prifons. ' ^T 7 f^ ERE AS the Inheritance and Cuftody of feveral County Gaols are in private Perfons, by ' _ yV Means whereof the good Intent of a certain Aft made in the firft Year of her Majefty's Reign, ' intituled, Jn ASi for the better preventing Efcapes out of the Queen's Bench and Fleet Prifons, may be in ' fome Counties defeated and eluded :' To the end therefore that the faid Aft may be rendred more ef- feftual ; Be it enafted by the Queen's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament alfembled, and by the Au- thority of the fame. That all and every Perfon and Perfons, who from and after the five and twentieth Day oi March in the Year of our Lord one thoufgnd feven hundred and feven, fhall be feized or taken by Virtue or Authority of the faid Aft, fhall inftead of being committed to the Common Gaol of the County wherein fuch Perfon or Perfons fliall be taken, be conveyed and committed to the Prifon or Place vv'here the Sheriff" of fuch County detains or keeps the Debtors or Prifoners for Debt or Damage, there to remain in the Cuftody of the Sheriff" of fuch County, fubjeft to the fame Rules and Direftions, and under the farne Reftriftions, Regulations, and Penalties, and in fuch Manner and Form in all and every Refpeft, as if the faid Perfon or Perfons had been committed to the Common Gaol of the County ; and if any Per- fon or Perfons fo taken and committed as aforefaid, fhall at any Time make any Efcape out of the faid Prifon or Place to which he, fhe, or they be fo committed, as aforefaid, the Sheriff' in whofe Cuftody he, fhe, or they was or were, fhall be anfwerable for fuch Efcape to the Party grieved, in like Manner as in the Cafe of any other Efcape. II. And to the Intent that the Benefit of the faid former Aft may the more eafily be had, in cafe the Perfon or Perfons efcaping fhall be feen in Places diftant from the City of London ; Be it further enafted, That it fhall and may be lawful to and for any one of the Judges of the refpeftive Courts in the faid for- mer Aft mentioned, to grant like Warrant and Warrants, upon Oath in Writing to be made before any Perfon commiffionated under the Seal of the fame Court to take Affidavits in the Country, (the fame Oath being firft duly filed) as by the faid former Aft he is impowered to do upon like Oath made be- fore himfelf. III. And be it declared and enafted. That it is and fhall be lawful to apprehend and take, upon the Lord's Day, any Perfon or Perfons by virtue of any Warrant or Warrants granted in purfuance of this or of the faid former Aft. IV. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons is, are or fhall be in Cuftody of any Sheriff" or other Officer, either by virtue of the faid Aft, or of this prefent Aft, or otherv/ife, for not performing any Decree of the High Court o'i Chancery, or Coart of Exchequer, whereby any Sum or Sums of Money is ordered or decreed to be paid, and fhall afterwards make any Efcape from the faid Sheriff or other Officer, that then and in fuch Cafe the Perfon and Perfonr, their Executors or Adminiftrators, to whom the Money was to be paid by the faid Decree, fnall have the fame Remedy againft the faid Sheriff^, as if fuch Perfon or Perfons fo efcaping had been in Cuftody upon an Execution at Law, and fliali and may recover the feveral Sum and Sums of Money decreed to be paid to him, her, or them in and by fuch Decree, againft fuch Sheriff or other Officer, together with his, her, or their Cofts of Suit, in any Aftion or Aftions of Debt, or upon the Cafe, to be brought or commenced againft fuch Sheriff or other Officer in any of her Majefty's Courts of Record at Wefiminjler, wherein no Protec- tion or Waget of Law fliall be admitted, or any more than one Imparlance ; any Law, Ufage, or Cuftom to the contrary in any wife notwithftanding. V. And for the Prevention of Difputes touching this prefent Aft ; Be it enafted by the Authority aforefaid, That the fame and every Claufe and Thing therein contained, thall be adjudged and taken to be a general Law, and that it ftiall not be needful to fet forth the fame in pleading, or any Part thereof. I Ctt, J, t, sz, II Geo, s, c, Ml 16 Cto, z, f. 31. ^^ Go, i, c. 3 (if 17, and 31 Geo, a. c. zS. CAP. X.