Page:Ruffhead - The Statutes at Large - vol 5.djvu/728

 690 C. .22. Anno fecundo Georgii II. A. D. 1729* Commitment, Chamber Rent, Releafe or Difcharge, than what fhall be mentioned and allowed'in fuch Courts' of Record in Wefl- Mich. Xermto miitfter- Hall aforefaid' Ihalf, every iMicTiaetmm 'Term, appoint fome Day to inquire whether fuch Tables of inquire after the Fees and fuch Rules as aforefaid be hung up, and remain publick and eafy to be reforted to, in the feveral F«s and Orders, Prifons to the faid Courts refpectively belonging, and whether the fame be duly complied with and obferveo, and caufe eight Days Notice to be given to the Prifoners in the faid Prifon of the Time appointed for fuch Inquiry, and fhall imfcrrn themfelves touching the fame in the beft Manner they can, and fupply and re- and at Affizesto drefs whatever they find neglected or tranfgreffed; and that the Judges and Juftices of Affize and Gaol De- ddnfn'char et" nvel 7 ^ a ^!P$M Inquiry of the Matters aforefaid at all Affixes and Seffions of Gaol Delivery, for and in the Grand jury.° refpect of the Gaols and Prifons within their refpective Jurifdictions, and fhall exprefiy give it in Charge to the Grand Jury to inquire concerning the fame. Judge; may hear yj_ ^ nc j f or the more fpeedy punifhing Gaolers, Bailiffs, and others imployed in the Execution of Pro- fiimraary Way. ce ^" s ' ^ or Extortions or other Abufes in their refpective Offices and Places; Be it further enacted by the Au- thority aforefaid, That upon the Petition of any Prifoner or Perfon being or having been under Arreft, or in Cuftody, complaining of any Exaction or Extortion by any Gaoler, Bailiff or other Officer or Perfon imployed in the keeping or taking care of any Gaol or Prifon, or the arrefting or apprehending any Per- fon or Perfons by virtue of any Procefs or Warrant, or any other Abufe whatfoever, committed or done in their refpective Offices or Places,, unto any of his Majefty's Courts of Record in Wejlmhifler Hall, from whence fuch Procefs iffued, or under whofe Power fuch Gaol or Prifon is, in Term Time, or to any of the Juftices or Barons of fuch Court in the Time of Vacation, or to the Judges of Affize, or either of them,, in their refpective Circuits, it fhall and may be lawful for the faid Court, Juftices or Barons, or Judges of Affize, to hear and determine the fame in a fummary way, and to make fuch Order thereupon for redreffing fuch Abufe, and punifhing of fuch Officer or Perfon complained. of, and making Reparation to the Party or Parties injured, as they fhall think juft, together with the full Cofts of fuch Complaint •; and all Orders and Determinations which fhall be made by the faid Courts, or any of the faid Juftices, Barons or Judges of Affize refpectively, in fuch fummary Way as herein prefcribed, fhall have the fame Effect, Force and Virtue, to all Intents and Purpofes, as any other Orders of the faid refpective Courts, and Obedience thereunto may be inforced, either by Attachments ordered by the faid refpective Courts, or by Attach- ments to be iffued under the Seal of the faid Courts by Direcf ion of the Juftice, Baron or Judge, making fuch Order. CVef juftices, VII. And be it further enacted by the Authority aforefaid, That the faid Lords Chief Juftices, Lord. &e, to examine Chief Baron, Judges of Affize, and Juftices of the Peace, in their refpective Jurifdictions, and all Com- Prif ners S " rriiffioners for charitable Ufes, do their beft Endeavours and Diligence to examine and difcover the feveral. Gifts, Legacies, and Bequefts beftowed and given for the Benefit and Advantage of the poor Prifoners in the faid feveral Gaols and Prifons, and to fend for any Deeds, Wills, Writings and Books of Account whatfoever, and any Perfon or Perfons concerned therein, and to examine them upon Oath to make truer Difcovery thereof (which they have hereby full Power and Authority to do) and to order and fettle the Pay- ment, Recovery and Receipt of the fame, when fo difcovered and afcertained, in fuch eafy and expeditious manner and way, that the Prifoners for the future may not be defrauded, but receive the full Benefit there- Gifts^tobehunR °^» accor ^' n g to £ be true Intent of the Donors;, and that Lifts or Tables of fuch Gifts, Legacies and Be- up in the Gaols, quells for the Benefit of the Prifoners in every Gaol or Prifon refpectively, fairly written, fhall be -like- and regiftred by wife hung up in fuch Gaols and Prifons, refpectively, in fome open Room or Place, to which the Prifoners the Clerks of the may have Refort as Occafion fhall require, without Fee, and fhall be regiftred by the Clerks of the Peace of Peace - the refpective Counties and Places in manner aforefaid. Perfons charged VIII. And for the Eafe and Relief of Prifoners, who fhall be willing to fatisfy their Creditors as far as "sum^ote- " t ^ le y are a ^' e ' -^ e '* f ul ' t ' ler enacted by the Authority aforefaid, That if any Perfon or Perfons charged in. ceeding icof." Execution for any Sum or Sums of Money, not exceeding in the whole the Sum of one hundred Pounds, after 25 March • from and after the twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and 1729. in the twenty-nine, with refpect to Prifoners charged or to be charged in Execution as aforefaid, in the Prifon of Mar/haliea or t jj e Marfoalfea or County Gaol of Surrey, and from and after the twenty-ninth Day of September which was S°"rev and af. m the Year of our Lord one thoufand feven hundred and twenty-eight, with refpect to Prifoners charged ter 29 Sept. in of to be charged in Execution as aforefaid, in any other Gaol or Prifon, fball be minded to deliver up to anyotherPrifun, his, her or their Creditors all his, her or their Effects, towards the Satisfaction of the Debts wherewith -delivering up he, fh.e or they ftand charged, it fhall and may be lawful for fuch Prifoner to exhibit a Petition to any of their Effefls, the Courts of Law, from whence the Procefs iffued, upon which he, fhe or they was or were taken and Perttionw'the charged in Execution, certifying the Caufe or Caufes of his, her or their Imprifonment, and an Account Court whence of his, her or their whole real and perfonal Eftate, with the Dates of the Securities wherein any Part of it the Procefs if- confilts, and the Deeds or Notes relating thereto, and the Names of-the Witneffes to the fame, as far as his, fueJ, with Ac- ner or their Knowledge extends thereto; and upon fuch Petition the Court may and is hereby required, by "mm* t Lc ^ 1 ' c ^ cl " or ^ u ^ e °f Court, to caufe the Prifoner to be brought up, and the feverai Creditors at whoie Suit he,. Prifoners are to' & e or they are charged as afnrefaid, to be fummoned to appear perfonally, or by their Attorney in Court, give Notice to at a.Day to be appointed for that Purpofe; and upon the Day of fuch Appearance, if any of the Creditors Creditors of fuch fummoned refufe or neglect to appear, upon Affidavit of the due Service of fuch Rule or Order, the Petition, &c. Court fhall in a fummary Way examine into the Matter of fuch Petition, and hear what can or fhali be 3 Geo. 2.c 27. jjigdged on either fide for or againft the Difcharge of fuch Prifoner, and upon fuch Examination, the Court ' ' may and are hereby required to adrninifter, or tender to the Prifoner, an Oath to the Eftecf following.,, which Creditors to be q^ the ^ Court is hereby impowered to adrninifter :. lumnjoacd. J r Prifoners to be brought to th* next Arizes, &ci 3 Geo. 2, c, 27.. C 2. 4 I. A. B. c