A. D. 1756. Ahno vicefiiho nono Georqii II. C. 19. 671 II. And be it further enaAcd by the Authority- aforefaid, That in cafe any Adion has been, or Sheriffs Gaoler fliall be brougtVt againft anyShei'ift, Gaoler or Keeper of any Prifon, on account of the Efcape of any ^"•"^ forEfcape fuch Prifoner fa detained as aforefaid, the Defendant in fuch Afcion, upon Proof made tiiat fuch had"ompHed° Prifoner had' complied, as-far as m him layy with all the Diredtions of tlie faid A(ft, and was de- with the recited tained in Ciiftody, only by reafon of tloe laid Doubt, (hall not be liable to anfwer or make Satisfaction 4'^' to the Plaimiifj' to any greater Amount than the Value of tlife Eftate and, Effects compriied in the ijche- [hem"llo7 dale given in -and fworn to by luch Priloner, pmfuant to the Directions of the faid Ad, in cafe the EfFedis wafted or whole lliall appear to have been wafted or fecteted, or .the Value of fo much thereof, as (hall appear '^^'^'".'^"'"'^^ . to have been wafted or fecreledj fubfequent to'thefrime when fiich Schedule was delivered to the Clerk ?ol7"slllt of the Peace. v^'. . - .. duie. III. And be it further enaded bythe Authority aforefaid. That all Difcharges of Prifoners by the Ju- Difchargs of ft thereof* la the lame Manner as if lio (icdiJSoubthsd arifeti.--' ■ '^'" •' ..-"'i'-'. CAP. XIX. An A6t to impower Judges of Courts of Record in Cities and Towns Corporate, Liber- ties and Ffanchifes, to fee Fines.ouPerfons who fhaU b6 fumrnoned to ferve -upon. Juries in fucli Courts, and flmli neglecl to ..attend. ,' ' : C;/ , . ':-':,' '^ ^' ' « 'XT7HER'FAS the City/ ©fiZOTiu^i;. and m^ny other Cities .aad Towns Corp'orate, Libeirties and jr^,. /s^wer £<jktj ' VV Franchifes, within this Kingdoih, have by Royal Grants, or by Prefcription, certain Courts of refer to' i^ Ed. i. ' Record holden within fuch Cities and Towns Corporate, Liberties and Franchifes refpedtively, for the '■ 3|,- ' Trial of A6ti'ons arid Suits ariiing within the Limits or Jurifdiclions of fuch Cities and Towns Cor- HE/j'.y.l'. ' porate. Liberties or Franchifes relpe^fively : And whereas great Inconveniencies and Delays frequent- 5 £■</. 3. <.-. 10! ' ly happen to the Suitors ir^ tl-rale Courts, by reafon that Perfons duly impanelled and fammoned to ^^^'^^ 3-/- 5- ' ferve upon Juries' in fuch Courts, refufe or negledt to appear and ferve upon the fame: Aad whereas ^4^^. ^. ^.^ ^ fach Inconveniencies- and Delays principally arife from want of Power in the Judge or Judges of ©■?■ 'fuch Courts, to ctimpel Perfons who are impanelled and fummoned to ferve upon Juries, for *^^f 3- <■■ ">
- the Trial of Caufes depending in fuch Courts, to attend, or to fine them for their not attendmg :' i h}jc'!'i.i.
Wherefore be it enadted by the King's mofl Excellent Majefty, by and with the Advice r-nd Content 4-ff-S. <•. 3. of the- Lords Spiritual and Temporal and Commons in this prefent Parliament allembled, and by the ^ ^^j "; 5' Authority of the fame, That from and after the twenty-fourth Day of June one thoufand feven iiun- Z h, 8.' c'. l^' & M.- 3- fhall not appear and ferve- on fuch Jury (after being openly called three Times, and on Proof being "^^ 32 made on Oath of the Perfon fo makmg Default having been duly fummoned) fhall forfeit and pay for ^c«T"^'-"' every fuch his Default, fuch Fine not exceeding the Sum of forty Shillings, nor lefs than the Sum of ^Cra.^.' riy?" twenty Shillings, as the Judge -or Judges of the refpedrive Courts wherein any fuch Default fhall * Gm.2. c. 37. be made, Ihall, from time to time, deem reafonable to impofe or let, unlels fome juft Caufe for ptribn's^fum'^' fuch Defaulter's Abfence, Ihall be made appear by Oath or Affidavit, to tire Satij-fadion of the Judge moned to ferv-e or Judges of the faid refpedive Courts wherein any fuch Default Ihall from time to time be n-iade. on juries, not II. And be it further enacted by the Authority aforefaid, That if any Perfon on whom any Fine (hall ?"forfeit^'r,ot be impofed or fet in purfuance of this Adf, (hall refufe to pay the fame to the Perfon or Perfons who fhall more than'4os. be authorized by the Judge or Judges who .fhall impofe or kt any fuch Fine', to receive the fame, it (liall "of 'efe thsn and may be lawful for the Judge or Judges who Ihall have impofed or fet any fuch Fine, and he and court'be^iViti'i- they is aiid are hereby authorized and required, by Warrant under his Hand and Seal, or their Hands fied with the' and Seals, to caufe all and every fuch Fine which (hall have been impofed or fet by him or them as afore- Caute of Ab- faid, to be levied, from time to time, by Diftrefs and Sale of the Goods and Chatties of the Perfon or p^g^'jgyjgyg [, Perfons on whom any fuch Fine fliall have been fo tmpoled or fet as aforefaid ; and the Overplus Money, Diftrefs and if any, which (hall remain after Payment of fuch Fine, and deduding the reafonable Charges of fuch ^/<^- Diftrefs and Sale, (hall be rendered to the Perfon or Perfons whole Goods and Chatties ihall have been fo retumedM^the diftrained and fold. Owner. III. And be it further enaded by the Authority aforefaid. That every Fine which (liall be im- Fine to be paid pofed or fet in purfuance of this Aiit, fliall, when received or levied, be paid by the Perfon who (hall to the proper receive or levy the fame, to the proper Officer of the City or Town Corporate, Liberty or Franchife, be^ppHeTas'" in which the Court or Courts was or were holden, wherein fuch Fine lo received or levied was im- otherFir.es of pofed or fet ; to be applied to fuch Ules, as IlTues fet on Jurors, or other Fines fet in Courts holden Court, within fuch City or Town Corporate, Liberty or Franchife, are by Charter, -Prefcription or Ufage applicable. IV. And be it further enaded by the Authority aforefaid. That if any Adion or Suit fh.il! be Limitation of brought or commenced againft any Perfca or Perfons for yny thing done in Purfuance of this Ad, Aflions. then
