Page:Ruffhead - The Statutes at Large - vol 7.djvu/691

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A.D. 1756. Anno vicesimo nono Georgii II. C. 19 671

Sheriff or Gaoler sued for Escape of Prisoner, who had complied with the recited Act,

II. And be it further enacted by the Authority aforesaid, That in case any action has been, or shall be brought against any Sheriff, Gaoler or Keeper of any Prison, on account of the Escape of any such Prisoner so detained as aforesaid, the Defendant in such Action, upon Prpof made, that such Prisoner haff complied, as Tar as in him lay with all the Directions; of the said Act, and was detained in Custody, only by reason of the said Doubt,

[liable only for the Estate or Effects wasted or secreted since Delivery of prisoner's Schedule.]

shall not be liable to answer or make Satisfaction to the Plaintiff, to any greater Amount than the value of the Estate and Effects comprised in the Schedule given in and sworn to by such prisoner, pursuant to the Directions of the said act, in case the whole shall appear to have been wailed or secreted, or the Value of so much thereof, as shall appear to have been wasted or feeretedf subsequem to the Time when such Schedule was delivered to the Clerk of the Peace. --- [Discharge of Prisoners in pursuance of the recited Act, declared to be valid.]

III. And be it further enacted by the authority aforesaid, That all discharges of prisoners by the justices of the peace in pursuance of the herein before recited act, where such prisoners have complied with every direction of the said act, are hereby declared to be good and legal discharges, to all intents and purposes; and such justices, and all sheriffs, gaolers, keepers of prisons, and every other person or persons, acting under them, are hereby indemnified for what they may have done in pursuance thereof, in the same manner as if no such doubt had arisen.

CAP. XIX.

An act to impower Judges of Courts of Record in Cities and Towns Corporate, Liberties and Franchises, to let Fines on persons who shall be summoned to serve upon Juries in such Courts, and shall: neglect to attend. --- WHEREAS the City of London, and many other Cities and Towns Corporate, Liberties and for former Law Franchises, within this Kingdom, have by Royal Grants, Or by Prescription, certain Courts of refe rto 13 Ed. 1.

Record held within such Cities and Towns Corporate, Liberties and Franchises respectively, for the £ 3*.

Trial of Addons' and Suits arising within the Limits or Jurisdictions of such Cities and Towns Corporate, Liberties of Franchises respectively: And whereas great Inconveniences and Delays frequent 5 £</ 3 f 10.

ly happen to the Suitors in? those courts, by reason that Persons duly impanelled and summoned to Ed' 3 a 5-

serve upon Juries' in such churtsj refuseor neglect to appear and serve upon the same: And whereas 3. r

fuclv Inconveniences and Delays principally arise from want of Power in the Judge or Judges of

'.such Courts' to compel Persons who are impanelled and summoned to serve upon Juries, for J r' 11 '

the trial of Causes depending in such Courts, to attend, or to line them for their not attending: '\iht/. 1.

Wherefore be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent 4 H 8- 3.

of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the 5 C 5 authority of the same, That from and after the twenty-fourth Day of June one thousand seven hull 33 //.' 8.' C e.' dred and fifty six, every Person duly impanelled and summoned to serve upon any Jury sort the Trial 27 ehz. c. 6. of any Cause to be tried in any Court' or Record, held or to be held within the said City of London, J morin any other, City or Town Corporate, Liberties or Franchises, within the Kingdom of 'englandwho rr. 3.

shall not appear and serve on such Jury (after being openly called three Times, and on Proof being 32-

made on Oath of the Person Jo making Default having been duly summoned] shall forfeit and pay for Bern's* 2 every such his Default, such Fine net exceeding the Sum of forty Shillings, nor less than the Sum of Gel'. 1. 7 F' twenty Shillings, as the Judge - or judges of the respective Courts Wherein any such Default shall 6 Geo. 2. c. 7. be made, shall, from time to time, deem reasonable to impose or set; unless some just Cause for pt^naum 8' such defaulter's Absence, shall be made appear by Qadi or Affidavit, to the Satisfaction of the Judge moned to seen or Judges of the said respective Courts wherein any such Default shall from time to time be made. on juries, not

II. And be it further enacted by the Authority aforesaid, That if any Person on whom any Fine shall ?oforfeitenot be imposed or set in pursuance of this act, shall refuse to pay the same to the Person or Persons who shall more than ks, be authorised by the Judge of Judges who shall impose or set any such Fine', 'to receive the same, it shall nor less than and may be lawful for the Judge or Judges who shall have imposed or set any such Fine, and he and court'b^satis they is and are hereby authorised and required, by Warrant under his Hand and Seal, or their Hands fied with the and Seals, to cause all and every such Fine which shall have been imposed or set by him or them as afore pufe of ab said, to be levied, from time to time, by Distress and Sale of the Goods and Chattles of the Person or finaviable by Persons on whom any such Fine Iliad have been so imposed or set as aforesaid 3 and the Overplus Money, Distress and

if any, which shall remain after Payment of such fine, "and deducting the reasonable Charges of such aie distress and Sale, shall be rendered to the Person or Persons whole Goons and Chattles shall have been so returned to tie distrained and sold. Owner.

III. And be it further enacted by the Authority aforesaid, That every Fine which shall be jm fine to be paid posed or set in pursuance of this act, diall, when received or levied, be paid by the Person who shallt0 the proper receive or levy the same, to the proper Officer of the City or Town Corporate, Liberty or Franchise, beappuetas'0 in which the Court or Courts was or were held, wherein such Fine lo received or levied was im other hr^of posed or set 3 to be applied to such Uses, as Ilfues seton Jurors, or other Fines set in Courts held Court, within such City or Town Corporate, Liberty or Franchise, are by Charter, Prescription or Usage applicable. "

IV. And be it further enacted by the Authority aforesaid, That if any Action or Suit shall be Limitation of brought or commenced against any Person. or Persons for anything done in Pursuance of this act, Afttons.

then