Page:Ruffhead - The Statutes at Large - vol 7.djvu/461

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A. D. 1752. Anno vicelimo quinto Georgii II. C. 3S. 441 and the Marks of Infamy hereby diredted for fiich Offenders, in order to imprefs a jufl Horror in the Mind of the Offender, and on the Minds of iuch as fhall be prefent, of the heinous Crime of Murder. IV. Provided always, and be it enafted, That after fuch Sentence pronounced as aforefaid, in cafe there Tlie J^i'se nny fhail appear reafonable Caufe, it ihall and may be lawful to and for fuch Judge or Juftice, before whom'l^^ '_" Exccu. fuch Criminal fhall have been fo tried, to ftay the Execution of the Sentence, at the Difcretion of fuch "°" ' Judge or Juftice, Regard being alv/ays hud to the true Intent and Purpofe of this AcSl. V. Provided alfb, That it fhall be iii the Power of any fuch Judge or Juftice to appoint the Body of any^nd .ippoint the fuch Crimiinal to be hung in Chains : But that in no Cafe whatfoever the Body of any Murderer fliall be. ^°^y'°^^<^ ""^""S fuflered to be buried; unlefs after fuch Body fhall have been difTefled and anatomized as aforefaid ; ^'^"^ be anatoaiiz/j, every fuch Judge or Juftice fliall, and is hereby required to direft the fame either to be difpofcd of as afore- laid, to be anatomized, or to be hung in Chains, in the fame Manner as is now pra£tifed for the mod atrocious Offences. VI. And be it further enafted by the Authority aforefaid. That from and after fuch ConviiSion, and PriTorcr to be Judgment given thereupon, the Gaoler or Keeper to w^hom fuch Criminal {hall be delivered for fafe ^^'^"'^""' ^° '°"i'= Cuftody, fhall confine fuch Prifoner to fome Cell, or other proper and fafe Place within the Prifon, fcpa- ^ rate and apart from the other Prifoners ; and that no Perlbn or Perfons whatfoever, except the Gaoler or^'"' "°"^^""'"' Keeper, or his Servants, fhall have Accefs to any fuch Prifoner, without Licence being firft obtained for j^^^.^ AccS that Purpofe under the Hand of fuch Judge or Juftice, before whom fuch Offender fliall have been tried, without Licence or under the Hand of the Sheriff, his Deputy or Under Sheriff'. from the judge or Sluriff. VII. Provided always. That in cafe any fuch Judge or Juftice fhall fee Caufe to refpite the Execution Jucige may relai of fuch Offender fo condemned as aforefaid, fuch Judge or Juftice may relax or releafe any or all of the Re- the id:d Re- ftraints or Regulations herein before or herein after dire£ted to be obferved by the Gaoler or Keeper of the '^'°"* Prifon where fuch Prifoner fhall be confined, by any Licence in Writing figned by fuch Judge or Juftice for that Purpofe, for and during the Time of fuch Stay of E.xecution ; any Thing herein before contained to the contrary thereof notwithftanding. VIII. Andbeit further enafted by riie Authority aforefaid, That after Sentence paffed as aforefaid, and P'^°"j^[j^°^=_^ until the Execution thereof, fuch Offender ftiall be fed with Bread and Water only, and with no other y^J^jj.^ "^ Food or Liquor whatfoever (except in cafe of receiving the Sacrament of the Lord's Supper, and except in except,' &c. cafe of any violent Sicknefs or Wound, in which Cafe fome known Phyficianj_ Surgeon or Apothecary may be admitted by the Gaoler or Keeper of the faid Prifon to adminifter Neceilaries ; the Chriftian and — Surname of fuch Phyfician, Surgeon or Apothecary, and his Place of Abode, being firft entered in the Books of fuch Prifon or Gaol, there to remain) and in cafe fuch Gaoler or Prifbn-keeper fhall offend againft^^°^'i ""'^"'■=. ornegleft to put in Execution any of the DireiSlions or Regulations hereby enafted to be obferved, fuchj^^Q^^" °|^j" Gaoler or Prilbn-keeper fhall for fuch Offence forfeit his Office, and be fined in the Sum of twenty Pounds, 20I. and fuffer Imprifonment imtil the fame be paid. IX. And be it enafted by the Authority aforefaid, That if any Perfon or Perfons whatfoever fhall by Force P'^n^'ty of refcu. fet at Liberty, or refcue or attempt to refcue or fet at Liberty, any Per on out of Prifon who ftiall be com- '"S ^ MjrdcKv. mitted for, or found Guilty of Murder, or refcue or attempt to refcue any Perfon convifted of A/Iurder going to Execution, or during Execution, every Perfon fo offending fhall be deemed, taken and adjudged to be Guilty of Felony, and fhall fuffer Death without Benefit of Clergy. X. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons whatfoever fhall, ^="=5'°'^"'"™- after fuch Execution had, by Force refcue or attempt to refcue the Body of fuch Offender out of the Cuf-'"^^j'g^j,i°^^y.^ tody of the Sheriff or his Officers, during the Conveyance of fuch Body to any of the Places hereby direfted, or fhall by Force refcue or attempt to refcue fuch Body from the Coiripany of Surgeons, or their Officers or Servants, or from the Houfe of any Surgeon where the fame fhall have been depofited in purfuance of this Aft ; every Perfon fb offending fhall be deemed and adjudged to be Guilty of Felony, and fhall be liable to be tranfported to fome of his Majefty's Colonies or Plantations in Jmerica for the Term of feven Years, in like manner as is directed by the Laws nov/ in force relating to the Tranfportation of Felons; and fhall be fubje£l to the like Punifhtnent and Methods of Convi£fion, in cafe of returning into, or being found at large within Great Br4ain, within the faid Term of feven Years, in all Refpe£ls, as by Law other Felons are fubje£t to, in cafe of unlawfully returning froin Tranfportation, - XI. Provided always, and it is hereby enacted by the Authority aforefaid. That nothing herein con- This Afl not to tained fhall extend to repeal or alter fo much of an ASi made in the eleventh Year of his late Majefty's '^'"'jij '" Reign (intituled. An ASifor the more effeSiual d'lfarmhig theYi^'-^'A^.w^z in that Part 0/" Great Britain called^^ co, i,c,26, Scotland ; and for the better fecuring the Peace and ^iut of that Part of the Kingdom) as relates to the Suf- penfion of the Execution of Perfons convidfed of capital Offences within that Part of Great Britain called Scotland, for the refpeilive Times in the faid A61 mentioned ; any Thing herein before contained to the contrary notwithftanding. CAP. XXXVIII. An Aft for the more eafy and. fpeedy Recovery of fmall Debts within the Borough of St. Albans, in the • County of Hertford, and the feveral Towns, Parilhes, Wards, Hamlets, and Places within the Liberty oi&t.Alban's. PR. Vol. Vn. Lll CAP.