Page:Ruffhead - The Statutes at Large - vol 8.djvu/263

A. D. 1757' Anno tricefimo primo Georgii II. C. 23. 229 Cofts of Suit, for or ngalnft fuch Plaintiff or PlaintifFs, Defendant or Defendants, as aforefaid, then it iliall ]ff„ed by the and may be lawful to and for the faid Cornmiffioners, or any three or more of them, to award and iflue Court, on pro- cut, or caufe to be iffued out of the faid Court, Procefs of Execution againft the Body or Goods of fuch "'^""'^'ns J^^s- Perfon or Perfons, direded to the Beadle or Officer appointed to execute the Procefs of the faid Court for '"^"^ ' the time being, for levying by Diftrefs and Sale of fuch Goods, or for the compelling by Imprifonment as herein after is mentioned, the Payment of fuch Sum or Sums of Money as {hall be ordered, adjudged and decreed to be paid, by any fuch Order, Judgment or Decree as aforefaid; which Executions againft the the fame to be Body or Goods, fhall be governed by, and fubjecSt to the fame Rules as Executions by the Writs of Fieri ^"M^^^ ^°^^.^ Facias, and Capias ad Satisfaciendum^ out of fuperior Courts are fubje6t to ; and upon and by virtue of every of nLI Facias' fuch Execution fo to iflue out of the faid Court of Requefts, againll the Body or Bodies of any Debtor or &o. jfTuing cut Debtors, the Party or Parties againft whom the fame fhall ifllie, fhall and may, if he, (he or they (hall be of fuperior found within the faid Weftern Divifion of the Hundred of Brixton^ be taken and committed to, or detained C< uits. in Cuftody or Safe-keeping of the Beadle of the faid Court for the time being, to be by him or them ^^"^'^ "^^^ ^ committed to, and confined in the County Gaol of the County of Surry ; the Gaoler or Keeper of which thrEiec^atio" faid Gaol is hereby required to receive fuch Perfon or Perfons from fuch Beadle, and to keep fuch Perfon or * Perfons within the faid Gaol, during the Time for which he, fhe or they fhall be committed by virtue of fuch Execution j there to remain in Confinement until he, fhe or they fhall perform and obey fuch Or- for any Time der. Judgment and Decree as aforefaid ; fo as no Perfon fo to be imprifoned, fhall remain in actual Confine- ^-^^ exceeding hient and Cuflody under the faid Execution, for a longer Space of Time than forty Days, to be computed ^°^'^'i^' from the Day of fuch Commitment exclufive. Procefs not to > V. Provided always. That nothing herein contained fhall extend, or be conftrued to extend, to impower ^qH^F^^^ ^° the faid CommifTioners, to iffue any Procefs againft the Goods and Chatties of any Perfon or Perfons, where whcre'wa'rrant the Party intitled to the Benefit of any fuch Order, Judgment or Decree as aforefaid, (hall have obtained ftall have Leca any Warrant or Procefs as aforefaid, againft the Body or Bodies of the fame Perfon or Perfons, unlefs fuch obtained agair.ft Perfon or Perfons fhall efcape, abfcond or depart out of the faid Weftern Divifion of the Plundred of Brix- 'p^ Body of the ton^ to avoid being apprehended and taken by virtue of fuch laft-mentioned Warrant or Procefs. J^^i^'^ orlb-^ ^* fcond, VI. And be it enabled by the Authority aforefaid, That in cafe any Perfon or Perfons being apprehended Beadle or Gaoler or convidted by virtue of any Warrant or Procefs of the faid Commiflioners as aforefaid, fhall elcape out of anfwerable for Cuftody of the Beadle of the faid Court of Requefts, or of the Gaoler or Keeper of the faid County Gaol, ^""^ Efcapes, then in cafe fuch Efcape fhall, by the faid CommifTioners, or any three or more of them, be adjudged to have been wilfully permitt- d, or to have happened through grofs Negligence, fuch Commiffioners fhall have a"^ <^o ^^^'^ Power to order and adjudge that the faid Beadle, or Gaoler or Keeper, from whom fuch Efcape fhall be ?°°^'^'"^J^lJ^ made, do pay to the Party or Parties appearing to be injured by, and complaining of fuch Efcape, fo much fhall^iiud-'e"^ Money, not exceedin the Sum mentioned in fuch Warrant or Procefs, againft the Body or Bodies of the " ' Perfon or Perfons (fo efcaping, and which ought to have been paid by fuch Perfon or Perfons) as to the faid Commiffioners fhall feem meet and reafonable j and in cafe fuch Beadle, or Gaoler or Keeper, fhall not forthwith perform fuch Order fo to be made upon him or them, in refpeft of fuch Efcape, fuch Beadle, or Gaoler or Keeper, fnall be liable not only to make Satisfadlion to the Party or Parties injured by fuch Efcape, with Damage?* for all fuch Damages as he, fhe or they fhall fuftain thereby, to be recovered by A6lion in any of his Ma- and may be alio i'efty's Courts of Record at Wejiminjier ; but alfo to be removed by the faid Commiflioners, or the major f^^moved. 'art of them, from his faid'Office, as and for a Mifbehaviour in the Execution thereof. VII. And be it further enabled by the Authority aforefaid. That upon every Warrant or Procefs to be IfFued Debt ta be- out againft the Body or Bodies of any Perfon or Perfons by virtue of this Ait, fhali be wrote or marked, in marked on the a plain and legible Manner, the Sum or Sums by reafon of the Nonpayment whereof fuch Procefs fhall if- ^}^'^ °f ^^^ fue ; and where any Perfon or Perfons fhall be apprehended and committed by virtue of any fuch Warrant ^^^'"-'^t or Pro- or Procefs to the Cuftody of fuch Gaoler or Keeper for refufing or negle6ling to obey and perform any fuch *^^" ' Order, Judgment or Decree, as aforefaid, the Gaoler or Keeper for the time being, in whofe Cuftody fuch Perfon or Perfons fhall be or remain, fliall, and is hereby required, upon Tender to him of fuch Sum or and upon Pay- Sums of Money as (hall be fo marked or wrote upon fuch XVarrant or Procefs of Commitment, as aforefaid, f"«nt thereof. tain in his Cuflody any Perfon or Perfons fo committed, as aforefaid, longer than forty Days, to commence 51. a? a'fo in and be reckoned from the a(5f:ual Arreft or Confinement of fuch Perfon or Perfons, or longer than the Time cafe ofior.gw exprefTed in the Warrant or Procefs of Commitment v/hich fhall ifTue againft fuch Perfon or Perfons, every Detention thaa fuch Gaoler or Keeper fhall, in every fuch Cafe, forfeit and pay to the "' " ^ - - .„...- .-va t.._ the Sum of fi.e Pounds ; to be recovered before one or more of his agaiaii lucu rerioii or 1 erions, every ^"=^'^'"'"" ^"^" i Perfon or Perfons fo uniuftly detained 4^Days,or ih^a Majefty's Juftices of the Peace for the fa' „^li wTrl'* rin^ their Sitting in the faid Court, fhall and may be recovered and levied upon the Goods or Chatties of fuc Perfon or Perfons fo orTending. VIII. And, for the better Difcovery of the Truth, and more folemn Determination of Matters and Cau- Court may ad- fes which fhall be depending in the faid Court ; It is hereby further eiracSled, That it fhall and may be lawful "^'"'fter Oaths for the faid Comm.ifTioners, or any three or mrtre of them, aiTemW-ed in Court, and they are hereby autho- ^■^'^ ^^/^' rized and impowered to adrninifter, or caufe to be adminiftred, an Oath or Oaths to the PlaintiiFor PlaintifFs, other Perfon"^ Defendant or Defendants refpeitively, and to fuch Vv^itnefs or Witneft'es as fhall be produced by each Party j and alfo to all or any of the Officers of the faid Court, and to all other Perfons whatfoever, for or concern- ing any Bufincfs relative thereunto ; and an Affirmation or Affirmations to fuch Plaintifl" or Plaintifts, De- fendant.