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882 1 ANN. CAP. 6, ESCAPES. III. Provided always, and be it further enacted by the Au- thority aforesaid, That it shall and may be lawful to and for any Person or Persons that are or shall be Bail in any Suit or Ac- tion in any of her Majesty's Courts of Record at Westminster, for any such Person or Persons that shall be re-taken and con- veyed to such Gaol, as aforesaid, by virtue of such Warrant, as aforesaid, to have and prosecute, out of such of her Majesty's Courts, where he or they are or shall be Bail, a Writ directed to the Sheriff of the County, to the Gaol whereof such Pris- oner so re-taken shall be committed and detained, commanding such Sheriff to detain and keep such Prisoner in Custody in Discharge of his Bail; which Writ, with an Account whether he hath the said Prisoner in his Custody, shall be returned by the said Sheriff into Court, at a Day therein to be mentioned, and the Delivery of every such Writ to the Sheriff, or his Deputy, shall be deemed and taken to be an effectual render of such Prisoner, to all Intents and Purposes whatsoever, in Discharge of the said Bail; and that in case such Sheriff, his Deputy, or other his inferior Officer, shall thereafter suffer the Person or Persons so rendred, in Discharge of his, her, or their Bail, to escape, they and every of them so offending shall be liable to such Action and Actions, as the Marshal of the Queen's Bench, or Warden of the Fleet Prison, is or are liable to, for permitting any Person to escape out of his or their Cus- tody or Prison, who was committed to such Custody or Prison, upon Render, in discharge of his, her, or their Bail. IV. And be it further enacted. That all and every such Sheriffs, upon request of such Person or Persons, being Bail, as aforesaid, who shall deliver such Writ for keeping and detain- ing such Prisoner, as aforesaid, and for the usual Fees, of Re- turns of Actions, shall make, return, and certify, under his Hand, the Receipt of such Writ, and the Time thereof, and whether the said Person so re-taken was then in his Custody, and in Default thereof shall, for every such Default, Neglect, or Refusal, forfeit the Sum of Fifty pounds, to be recovered in any of her Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, wherein no Essoin, Pro- tection, Wager of Law, or any more than one Imparlance shall 649* be allowed; And that upon producing such Return or Cer- tificate to the Court where such Bail shall be taken, such Court shall direct and cause a Reddidit se to be entred upon the Bail- |
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| Volume 194, Page 882 View pdf image (33K) |
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