cases where no special or different provision is made by this or the said last recited Act in as full and ample a manner to all intents and purposes as if the said Act and all pains forfeitures fines and penalties provisions powers authorities rules regulations restrictions exemptions exceptions clauses matters and things contained and enacted therein were particularly and expressly repeated and re-enacted in the body of this present Act and had been repeated and enacted in the body of the said recited Act of this session of Parliament.

No. XVII.

42 Geo. III.

c. 119.

VIII. And be it further enacted, That if any sheriff's officer or other person or persons shall be sued molested or prosecuted for any thing done by virtue or in pursuance of this Act, such sheriff's officer or other person or persons shall and may plead the general issue and give this General Issue. Act and the special matter in evidence in his her or their defence or defences; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall discontinue his her or their action or prosecution or be non-suited, or judgment shall be given against him her or them upon demurrer or otherwise, then such defendant or defend

ants shall have treble costs awarded to him her or them against any such Treble Costs. plaintiff or plaintiffs.

19 Henry VII.

c. 10. The Sheriffs

shall have the

keeping of the

common Gaols,

ers therein.

Gaols and Houses of Correction.

[ No. I. ] 4 Edward III. c. 10.-Sheriffs and Gaolers
shall receive Offenders without taking any Thing.

[ No. II. ] 14 Edward III. St. 1. c. 10.-Sheriffs shall
have the keeping of Gaols. A Prisoner by Duress
becometh an Approver.

[ No. III. ] 5 Henry IV. c. 10.-Justices of Peace shall
imprison none but in the common Gaol.

[ No. IV. ] 3 Henry VII. c. 3.-Justices of Peace may
let Prisoners to Bail. The Sheriff shall certify the
Names of all his Prisoners at the Gaol Delivery.

[Inserted Part V. title Proceedings in Criminal Cases.]

[No. V. ] 19 Henry VII. c. 10.—Sheriffs.

BE it ordained established and enacted by the King our Sovereign Lord, by the advice and assent of his Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, That every sheriff within every county within this realm of England have the custody rule keeping and charge from the Quindecim Pasche next coming of every of the King's common gaols prisons and priand the Prison-soners in the same in every of the said counties where he is sheriff during the time of his office, except all gaols whereof any person or persons spi14 Ed. 3. st. 1. ritual or temporal or body corporate have the keeping of estate of inheritance or by succession; (2) and from the same Quindecim of Pasche next coming, that all letters patent made to any person or persons for term of life or lives or for term of years of the keeping of the said gaols and of any constableship of any castle wherein any such common gaol is, by the King our Sovereign Lord or any other Kings of this land and every thing in the said letters patent contained be from henceforth repealed adnulled void and of no force ne effect in the law: (3) And that every such sheriff from the said Quindecim of Pasche be charged and chargeable with the said gaols prisons and the prisoners remaining in the same.

c. 10.

[Several Penalties for the negligent Escape of several Sorts of Offenders. Exp. -A Saving of other Men's Rights for Escapes, and Fines for the same.-The Penalty for negligent Escapes before the Prisoner be brought to the Gaol. Exp.-Letters Patent of Offices not requiring actual Exercise shall be void.-The Continuance of this Act concerning Penalties.-The Sheriff of Surrey shall not have the keeping of the King's Bench and Marshalsea.-Edward Courtney Earl of Devonshire's Patent except. John Morgan's Patent except.]

[No. VI.] 3. James I. c. 10.-An Act for the rating and

levying of the Charges for conveying Malefactors and
Offenders to Gaols.

WHEREAS his Majesty's honest and loving subjects are much charged 3 James I. c. 10, and burthened in conveying felons and other malefactors and At whose 'offenders against his Majesty's laws and statutes unto the gaol, punish- Charge an Of'able by imprisonment there, the said felons and other malefactors and fender shall be 'offenders having goods and chattels of their own whereby to defray the conveyed to

same charges themselves to the great encouragement of such malefac- Gaol.

'tors and offenders in their said wicked and bad courses and to the dis-
couragement of his Majesty's said honest and loving subjects in prose-
cuting the said malefactors and offenders to be punished according to
'their demerits:' Be it enacted by the King's most excellent Majesty,
the Lords Spiritual and Temporal, and the Commons, in this present Par-
liament assembled, and by authority of the same, That all and every
person and persons whatsoever that from and after the end of this present
session of Parliament shall be committed to the common or usual gaol
within any county or liberty within this realm by any justice or justices
of the peace for any offence or misdemeanour to any such gaol, that the
said person or persons so to be committed as aforesaid having means or
ability thereunto shall bear their own reasonable charges for so conveying
or sending them to the said gaol and the charges also of such as shall be
appointed to guard them to such gaol and shall so guard them thither:
And if
any such
person or persons so to be committed as aforesaid shall
refuse at the time of their commitment and sending to the said gaol to
defray the said charges or shall not then pay or bear the same, that then
such justice or justices of the peace shall and may by writing under his
or their hand and seal or hands and seals give warrant to the constable or
constables of the hundred, or constable or tithingman of the tithing or
township where such person or persons shall be dwelling and inhabit, or
from whence he or they shall be committed as aforesaid, or where he them.
or they shall have any goods within the county or liberty, to sell such and
so much of the goods and chattels of the said persons so to be committed
as by the discretion of the said justice or justices of the peace shall satisfy
and pay the charges of such his or their conveying and sending to the
said gaol, the appraisement to be made by four of the honest inhabitants
of the parish or tithing where such goods or chattels shall remain and be,
and the overplus of the money which shall be made thereof to be de-
livered to the party to whom the said goods shall belong.

[II. If the Offender be not able to bear his Charges, the Parishioners shall do it.-The Remedy if any Person taxed refuse to pay.-Repealed 27 Geo. III. c. 3. Vi. ante title County Rutes.]·

How the Charges shall be levied if the

Prisoner shall refuse to pay

III. And be it enacted by the authority of this present Parliament, The DefendThat if any action of trespass or other suit shall happen to be attempted ant's Plea in an or brought against the person or persons for taking of any distress, making Action brought of any sale or any other act by authority of this present Act, the defen- for any Thing dant or defendants in any such action or suit shall and may either plead done by face not guilty or otherwise make avowry cognizance or justification for the of this Act. taking of the said distresses, making of sale or other act by virtue of this Act, (2) alleging in such avowry cognizance or justification that the said distress, sale, trespass, or other thing whereof the plaintiff or plaintiff's complained was done by authority of this Act and according to the tenor purport and effect of this Act, without any expressing or rehearsal of any other matter of circumstance contained in this present Act: (3) to which avowry cognizance or justification the plaintiff shall be admitted to reply, that the defendant did take the said distress made the said sale or did any other act or trespass supposed in his declaration of his own wrong, without any such cause alleged by the said defendant; whereupon the issue in every such action shall be joined to be tried by verdict of twelve men and not otherwise, accustomed in other personal actions; (4) and upon the trial of that issue the whole matter to be given on both parties in eviVOL. VII.

X

No. VIII.

6 Geo. I. c. 19.

dence according to the very truth of the same; (5) and after such issue tried for the defendant or nonsuit of the plaintiff after appearance, the said defendant to recover treble damages by reason of his wrongful vexation in that behalf with costs also on that part sustained, and that to be assessed by the same jury or writ to inquire of the damages as the same The Defendant shall require: (6) This Act to continue until the end of the first session of the next Parliament. [3 Car. 1. c. 4. Continued until the end of the first session of the next Parliament and further continued by mages and Costs 16 Car. 1. c. 4.] of Suits.

shall recover

Treble Da

[ No. VII.] 31 Charles II. c. 2.-An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas.

[Inserted Part IV. title Arrest and Imprisonment.]

[No. VIII.] 6 George I. c. 19.-An Act for making perpetual so much of an Act made in the Tenth Year of the Reign of Queen Anne, for the reviving and continuing several Acts therein mentioned, as relates to the building and repairing County Gaols; and also an Act of the Eleventh and Twelfth Years of the Reign of King William the Third, for the more effectual suppression of Piracy; and for making more effectual the Act of the Thirteenth Year of the Reign of King Charles the Second, intituled, "An Act for establishing Articles and Orders for the regulating and better Government of his Majesty's Ships of War and Forces by Sea."

6 Geo. I. c. 19. WHEREAS in an Act made in the tenth year of the reign of Queen 10 Ann, c. 14. Anne, intituled "An Act for the reviving and continuing several Acts therein mentioned for the preventing of mischiefs which may hap§ 2. pen by fire; for building and repairing County Gaols; for exempting of Apothecaries from serving Parish and Ward Offices and serving upon Juries; and relating to the returning of Jurors;" there is a clause relating to the building and repairing county gaols which by experience has 'been found very useful and beneficial to the publick and will expire at the end of this present session of Parliament:' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said Act made in the tenth year of the reign of Queen Anne as relates to the building and repairing county gaols shall be and is hereby made perpetual.

So much of the recited Act as relates to County Gaols made perpetual.

39 El. c. 17. 7 Jac. 1. c. 4.

Justices of Peace may commit Vagrants, &c., to the Common

Gaol or House

of Correction.

See farther, 14 Geo. 2.

c. 33. and 3 Bur. 1679.

The Act of

11 & 12

Will. III. c. 7. made perpetual.

II. And whereas vagrants and other criminal offenders and persons charged with small offences are for such offences or for want of sureties to be committed to the county gaol, it being adjudged that by law the justices of the peace cannot commit them to any other prison for safe custody which by experience hath been found to be very prejudicial and expensive: Be it enacted by the authority aforesaid, That it shall and may be lawful to and for the justices of the peace within their respective jurisdictions to commit such vagrants and other criminals offenders person and persons either to the common gaol or house of correction as they in their judgment shall think proper; any law custom or usage to the contrary notwithstanding.

III. And be it further enacted by the authority aforesaid, That the Act made in the eleventh and twelfth years of the reign of his late Majesty King William the Third, intituled "An Act for the more effectual Suppression of Piracy," shall be and is hereby made perpetual.

"Persons in the sea-service who shall commit any of the crimes men"tioned in 13 Car. 2 stat. 1. c. 9. upon the shore in foreign parts shall "be tried and punished as if they had been committed on the main sea." Req. 22 Geo. 2 c. 33.

[No. IX. ] 14 George II. c. 33.-An Act to supply somè Defects in the Laws for repairing and rebuilding County Bridges, for repairing, enlarging, erecting, and providing Houses of Correction, and for passing Rogues and Vagabonds.

[Inserted ante Class VI. No. 3.]

[No. X.] 15 George II. c. 24.-An Act to empower the Justices of the Peace of a Liberty or Corporation, to commit Offenders to the House of Correction of the County Riding or Division in which such Liberty or Corporation is situate.

No. XI.

14 Geo. III.

c. 20.

15 George II.

c. 24. 9 Geo. I, c. 7.

WHEREAS doubts and questions have arisen touching the commitment of offenders by justices of the peace of liberties and corpora'tions to the houses of correction of counties ridings or divisions in which 'such liberties and corporations are situate, though the inhabitants of 'such liberties and corporations contribute to the maintenance and support of such houses of correction;' be it therefore declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in all cases where any person liable by law to be committed to the house of correction shall be apprehended within any liberty city or town corporate whose inhabitants are contributary to the support and maintenance of the house or houses of correction of the county riding or division in which such liberty city or town corporate is situate: it shall and may be lawful Justices of a for the justices of the peace of such liberty city or town corporate to com- Liberty or Cormit such person to the house of correction of the county riding or divi- poration may sion in which such liberty city or town corporate is situate; which person commit Offendso committed shall and may be received, detained, dealt with, and or- ers to the House dered, and be set and kept to hard labour, or conveyed and sent away or of Correction of discharged and be subject and liable to the same correction and punish- the County, &c. ment to all intents and purposes as if committed by any justice or justices of the peace of the same county riding or division. (1.)

(1.) This Act is a declaratory Act, and should have a liberal construction, and therefore where Justices of a Borough contributary to the Coun. ty Rate, have committed Prisoners to the County House of Correction for Offences cognizable within the County, the Justices at their Borough Sessions have a right to order such Prisoners to

be brought before them for trial there. Quære, also, where a County Magistrate having concurrent jurisdiction, has committed a Prisoner for an Offence within the Borough, whether the Borough Sessions have not the same power of ordering such Prisoner to be brought before them for trial? Rex v. Amos, 2 B. and A. 533.

[No. XI.] 14 George III. c. 20.-An Act for the relief of Prisoners charged with Felony, or other Crimes, who shall be acquitted or discharged by Proclamation, respecting the Payment of Fees to Gaolers, and giving a Recompence for such Fees, out of the County Rates.* WHEREAS persons in custody for felonies or other crimes or on suspicion thereof or as accessaries thereto, though no bills of indict

See Stat. 55 George III. c. 50. post. No. 28.

14 George III. c. 20.