any sum of money reward or gratuity whatsoever or security for the same to procure assist connive att or permitt any such escape and shall be thereof lawfully convicted the said marshall or warden or their respective deputy or deputies or such other keeper of any prisons as aforesaid shall for every such offence forfeit the sum of five hundred pounde and his said office and be for ever after incapable of executing any such office. penalty £500. Loss of office and incapacity. VI. No retaking on fresh pursuit to be given in evidence on action of escape, unless specially upon oath that AND be it further enacted by the authority aforesaid that from and after the said first day of May no retaking on fresh pursuit shall be given in evidence on the tryal of any issue in any action of escape against the said marshall or warden or their respective deputie or deputies or against any other keeper or keepers of any other prison or prisons as aforesaid unlesse the same be specially pleaded nor shall any special plea be taken received or allowed pleaded; unlesse oath be first made in writing by the marshal or warden or their nor any special respective deputie or deputies or by such other keeper or keepers of any other plea, unless prison or prisons as aforesaid against whom such action shall be brought and filed in the proper office of the respective courte that the prisoner for whose escape such actión is brought did without his consent privity marshal, &c. or knowledge make such escape and if such affidavitt shall att any time afterwarde appeare to be false and the marshall or warden or other keeper or keepers of any other prison or prisons shall be convicted thereof by due course of law such marshall or warden or other keeper or keepers of any other prison or prisons shall forfeit the sum of five hundred poundę. AND be it further enacted and declared by the authority aforesaid that if att any time after the said first day of May any prisoner who is or shall be comitted in execution to either or any of the said respective prisons shall escape from thence by any ways or means howsoever the creditor or creditors att whose suit such prisoner was charged in execution att the time of his escape shall or may retake such prisoner by any new capias or capias ad satisfaciendum or sue forth any other kind of execution on the judgement as if the body of such prisoner had never been taken in execution. AND be it further enacted by the authority aforesaid that if the said marshall or warden for the time being or their respective deputy or deputies or other keeper or keepers of any other prison or prisons shall after one days notice in writing given for that purpose refuse to shew any prisoner comitted in execution to the creditor att whose suit such prisoner was cōmitted or charged or to his attorney every such refusal shall be adjudged to be an escape in law. escape was without con VII. Prisoner in escaping may execution be retaken by any new capias, &c. VIII. Keeper, upon notice, refusing to shew prisoner, adjudged an escape. IX. Marshal, &c. refusing to give a note whether a person be prisoner or not, penalty £50. AND be it further enacted by the authority aforesaid that if any person or persons whatsoever desireing to charge any person with any action or execution shall desire to be informed by the said marshal or warden or their respective deputy or deputies or by any other keeper or keepers of any other prison or prisons whether such person be a prisoner in his custody or not the said marshal or warden or such other keeper or keepers of any other prison or prisons shall give a true note in writing thereof to the person so requesting the same or to his lawfull attorney upon demand att his office for that purpose or in default thereof shall forfeit the sum of fifty pounde and if such marshal Such note or warden or their respective deputy or deputies exercising the said office or dence of person other keeper or keepers of any other prison or prisons shall give a note in being a pri sufficient evi soner. XVI. Penalties how disposed of. XVII. This Act to be a general law. In action for executing the same, general issue may be pleaded. Double costs. writing that such person is an actual prisoner in his or their custody every such note shall be accepted and taken as a sufficient evidence that such person was att that time a prisoner in actual custody. AND be it further enacted that the several penalties before in and by this Act inflicted and not particularly disposed of shall goe one halfe to his Majesty his heires and successors and the other halfe to him or them that will sue for the same to be recovered as aforesaid. AND for the prevention of disputes touching this Act be it enacted by the authority aforesaid, that the same and every clause and thing therein contained shall be deemed adjudged and taken to be a general law and that it shall not be needful to shew or sett forth the same or any clause thereof in pleading and that the same and all clauses therein shall be construed most largely and beneficially for the ẞventing of all the mischiefs abuses escapes & other inconveniences herein provided against And further that if any person or persons shall att any time be sued for putting in execution any power or authority given by this Act such pson and persons shall and may plead the general issue and give in evidence this Act and the special matter and if the plaintiff or plaintiffe in such action shall be nonsuit or a verdict given for the defendant or defendante or if the plaintiff or plaintiffe discontinue their action or if upon demurrer judgement shall be given for the defendant or defendante every such defendant or defendante shall have his or their double coste. CHAPTER XXX. Rot. Parl. 8 & 9 Gul. III. p. 10. nu. 3. III. Justices in AN ACT for supplying some Defecte in the Laws for the Relief of the Poor of this Kingdome. AND for the more effectual preventing of vexatious removals and frivolous appeals be it further enacted by the authority aforesaid that the justices of appeal to them the peace of any county or riding in their general or quarter sessions of the sessions, on concerning the settlement of any poor person, to award costs. Person ordered to pay costs, living out of jurisdiction, justice of the peace upon any appeal before them there to be had for and concerning the peace of the person shall inhabitt and every such justice is hereby required upon request to him for that purpose to be made and a true copy of the order for the payment of such coste produced and proved by some credible witnesse upon oath by warrant under his hand and seale to cause the money mentioned in that order to be levied by distresse and sale of the goode of the person that is ordered and ought to pay the same and if no such distresse can or may be had to cōmitt such person to the cōmon gaol of that county or liberty there to remaine by the space of twenty days. AND be it further enacted by the authority aforesaid that from and after the first day of May one thousand six hundred ninety seven the appeal against any order for the removal of any poor person from out of any parish townshipp or place shall be had prosecuted and determined att the general or quarter sessions of the peace for the county division or riding wherein the parish townshipp or place from whence such poor person shall be removed doth lie and not elsewhere any former law or statute to the contrary thereof in any wise notwithstanding. * (1) PROVIDED that this Act nor any thing therein contained shall be construed to hinder the justices of the peace within the liberty of Saint Albans from hearing and determining any appeals for the settlement of the poor in their quarter sessions as they might have done before the making of this Act any thing therein contained to the contrary in any wise notwithstanding. county, &c. where such person inhabits, may cause the money to be levied; If no distress, in county gaol. imprisonment VI. Appeal against order for removal detersessions. mined at VIII. And for justices of peace at St. Alban's hearing appeals. CHAPTER XXXIII. AN ACT to make ppétual and more effectual an Act intituled An Act to prevent Delays att the Quarter Sessions of the Peace. Rot. Parl. 8 & 9 Gul. III. p. 11. nu, 2. WHEREAS an Act made in the fifth (2) sixth yeares of the reigne of King William and the late Queen Mary intituled An Act to prevent 5 W, & M. delays of proceedinge att the quarter sessions of the peace by experience hath been found useful and beneficial * c. 11. II. Party pro secuting any certiorari to dictment may nucaptors to enter into a remove an in find two ma AND for the making the purpose and designe of the said Act more effectual be it enacted by the authority aforesaid that from & after the one and twentieth day of April which shall be in the yeare of our Lord one thousand six hundred ninety seven the party or parties prosecuting any certiorari to remove any indictment or presentment from the quarter or general sessions of the peace may find two sufficient manucaptors who shall enter into a recognizance before any one of his Majesties justices of the Court of Kinge Bench in the same sum recognizance, and under the same condition as is required by the said Act whereof mention shall be made on the back of such writt under the hand of the justice taking the same which shall be as effectual and available to all intente & purposes to stay or supersede any further proceeding upon any indictment or ẞsentment for the removal of which the said writt of certiorari shall be granted as if the 1 annexed to the original Act in a separate schedule. 2 and Q, &c. Party to appear daily in the King's Bench Court until discharged. recognizance had been taken before any one of the justices of the peace of the county or place where such indictment was found or ẞsentment made and also it shall be added to the condition of every recognizance taken by virtue of this and the said Act that the party or parties psecuting such writt of certiorari shall appeare from day to day in the said Court of Kinge Bench and not depart until hee or they shall be discharged by the said court. Rot. Parl. 9 Gul. III. p. 3. n. 5. Recital that references made by rule of court have contributed to subject. Merchants, &c. 9 WILLIAM III. A.D. 1697-8. STATUTES MADE IN THE PARLIAMENT BEGUN TO BE HOLDEN AT WESTMINSTER, THE TWENTY-SECOND DAY OF IN THE SEVENTH YEAR OF THE REIGN OF KING WILLIAM THE THIRD; Er Rotulo Parliamenti de Anno Regni Regis CHAPTER XV. AN ACT for determining Differences by Arbitration. WHEREAS it hath been found by experience that references made by rule of court have contributed much to the ease of the subject in the determining of controversies because the parties become thereby obliged to submitt to the award of the arbitrators under the penalty of imprisonment the ease of the for their contempt in case they refuse submission Now for promoting trade and rendring the awarde of arbitrators the more effectual in all cases for the final determination of controversies referred to them [by] merchant and traders or others concerning matters of account or trade or other matters be it enacted by the Kinge most excellent Majesty by and with the advice and consent of the lorde spiritual and temporal and cōmons in Parliament assembled and by authority of the same that from & after the eleventh day of May which shall be in the yeare of our Lord one thousand six hundred ninety eight itt shall and may be lawfull for all merchant and traders & others desiring to end any controversie suit or quarrel controversies suite or quarrels (for which there is no [other 1] remedy but by personal action or suit in equity) by arbitration to agree that their submission of their suit to the award or umpirage of any may insert the person or persons should be made a rule of any of his Majesties courte of record which the parties shall choose and to insert such their agreement in their submission or the condition of the bond or promise whereby they oblidge themselves respectively to submitt to the award or umpirage of any person or persons which agreement being so made and inserted in their submission or promise or condition of their respective bonde shall or may upon producing an affidavitt thereof made by the witnesses thereunto or any one of them in where remedy only by personal action or suit in equity, award may be made a rule of court, and same in their submission. 1 interlined on the roll. the court of which the same is agreed to be made a rule & reading and filing the said affidavitt in court be entred of record in such court and a rule shall thereupon be made by the said court that the parties shall submitt to & finally be concluded by the arbitration or umpirage which shall be made concerning them by the arbitrators or umpire pursuant to such submission And in case of disobedience to such arbitration or umpirage the party neglecting or refusing to performe and execute the same or any part thereof shall be subject to all the penalties of contemning a rule of court when hee is a suitor or defendant in such court and the court on motion shall issue processe accordingly which processe shall not be stopt or delayed in ite execution by any order rule comand or processe of any other court either of law or equity unlesse it shall be made appeare on oath to such court that the arbitrators or umpire misbehaved themselves and that such award arbitration or umpirage was procured by corruption or other undue means. II. Arbitration AND be it further enacted by the authority aforesaid that any arbitration or umpirage procured by corruption or undue means shall be judged and unduly proesteemed void and of none effect and accordingly be sett aside by any court cured, void. of law or equity so as complaint of such corruption or undue practise be made in the court where the rule is made for submission to such arbitration or umpirage before the last day of the next terme after such arbitration or umpirage made and published to the parties any thing in this Act contained to the contrary notwithstanding. CHAPTER XVII. AN ACT for the better Paymt. of Inland Bills of Exchange. Rot. Parl. 9 Gul. III. Inland bills of exchange for £5 and upwards, on nonpayment, as herein men tioned, may be protested. ́HEREAS great damages & other inconvenience do frequently happen in p. 3. n. 8. the course of trade and comerce by reason of delays of payment & other neglecte on inland bills of exchange in this kingdome Be it therefore enacted by the Kinge most excellent Majesty by and with the advice & consent of the lorde spiritual and temporal & the cōmons in this present Parliament assembled and by the authority of the same that from & after the foure and twentieth day of June next which shall be in the yeare one thousand six hundred ninety eight all and every bill or bills of exchange drawne in or dated att and from any trading citty or towne or any other place in the kingdome of England dominion of Wales or towne of Berwick upon Tweed of the sum of five pounde sterling or upward upon any person or persons of or in London or any other trading city towne or any other place (in which said bill or bills of exchange shall be acknowledged and expressed the said value to be received) and is and shall be drawne payable att a certaine number of days weekę or months after date thereof that from and after presentation and acceptance of the said bill or bills of exchange (which acceptance shall be by the underwriting the same under the parties hand so accepting) and after the expiration of three days after the said bill or bills shall become due the party to whom the said bill or bills are made payable his servant agent or assignes may and shall cause the said bill or bills to be protested by a notary publick and in default of such notary publick by any other substantial person of the city |