term, to answer the said plaintiff or plaintiffs upon his or their said cause of action; and that if the said plaintiff or plaintiffs at the said day, put into the said court his or their declaration, according to the said original writ, against the said prisoner being present at the bar, the said prisoner shall be bound to appear in person, or to put in an attorney to appear for him in the said action; and unless the said defendant plead upon a rule given, to be out at eight days at the least after such appearance, judgment by nihil dicit may be entered against such defendant as appearing in person, which shall be good and effectual in law: And such charge in court by declaration, signified by rule unto the said warden, shall be a good cause of detention of such prisoner in his custody, from which he shall not be discharged without a lawful supersedeas or rule of court: And if the said warden shall do otherwise, he shall be responsible to the court, and to the party grieved, for damages, by action upon the case to be brought against him for discharging such prisoner. ་ VI. And whereas very many suits commenced by original writs have been protracted and long delayed from judgment and execution, by reason of the necessity of having fifteen days at the least between the days of the teste and the days of return of writs now used in personal 'actions, and also in action ejectione firmæ, for lands and tenements:' for remedy thereof, and for the more easy expediting trials, and the better and more speedy executing of judgments for the time to come, be it further enacted by the authority aforesaid, That in all actions of debt, and all other personal actions whatsoever, and also in all actions of ejectione firma, for lands and tenements now depending, or which at any time hereafter shall be depending, by original writ, in either of His Majesty's courts aforesaid, after any issue therein joined to be tried by a jury, and also after any judgment had or obtained, or to be had or obtained in either of the courts aforesaid, in any such action as aforesaid, there shall not need to be fifteen days between the teste day and the day of return of any writ or writs of venire facias, habeas corpora juratorum, or distringas juratores, writ of fieri facias, or writs of capias ad satisfaciendum: And that the want of fifteen days between the teste day and the day of return of any such writ, shall not be, nor shall be assigned, taken or adjudged to be, any matter or cause of error; any law, custom, statute, course or usage to the contrary thereof in any wise notwithstanding. VII. Provided nevertheless, That this Act, nor any thing therein contained, shall not extend or be construed to extend to any writ of capias ad satisfaciendum whereon a writ of exigent after judgment is to be awarded, nor to capias ad satisfaciendum against the defendant in order to make any bail liable, but that the same continue and be as if this Act had never been made. VIII. And whereas by an Act of Parliament made in the third year of the reign of our late sovereign Lord King James of blessed memory, a very good law was made for avoiding unnecessary delays of execution, whereby it is enacted, That no execution shall be stayed or delayed upon or by any writ of error or supersedeas thereupon to be sued for the reversing of any judgment to be given in any action or bill of debt, upon any single bond for debt, or upon any obligation with con'dition for payment of money only, or upon any action or bill of debt for rent, or upon any contract sued in any of His Highness's courts of ' record at Westminster, or in the counties palatine of Chester, Lancaster or Durham, or in his Highness' Courts of Great Sessions in any of the twelve shires of Wales, unless such person or persons in whose name or names such writ of error shall be brought, with two sufficient sureties, such as the court wherein such judgment is or shall be given, 'shall allow of, shall first, before such stay made, or supersedeas to be, awarded, be bound to the party for whom any such judgment was or should be given, by recognizance to be acknowledged in the same court in double the sum adjudged, to be recovered by the said former judgment, to prosecute the said writ of error with effect, and also to 'satisfy and pay (if the said judgment shall be affirmed) all and singular No. XIII. 13CharlesII. st. 2. c. 2. the debts, damages and costs adjudged or to be adjudged upon the 'former judgment, and all costs and damages to be also awarded for the same delaying of execution; which law hath been found by experience to be very good and beneficial to the commonwealth: And for'asmuch as divers other cases within the same mischief, by delays and staying of execution by writs of error and supersedeas thereupon, are not provided for by the said statute: For further remedy against 3 Jac. I. c. 8. delays and stayings of executions in the several actions hereafter specified, In what actions executions may be stayed (by writ of error) by this statute. IX. Be it further enacted and ordained by the authority aforesaid, That from and after the twentieth day of January, in the year of our Lord One thousand six hundred sixty and one, no execution shall be stayed in any of the courts aforesaid, by any writ or writs of error or supersedeas thereupon, after any verdict and judgment thereupon obtained, in any action of debt grounded upon the statute made in the second year of the reign of the late King Edward the Sixth, for not 2 and 3 Ed. VI. setting forth of tithes, nor in any action upon the case upon any pro- c. 13. mise for the payment of money, actions sur trover, actions of covenant, detinue and trespass, unless such recognizance, and in such manner as by the said recited former act is directed, shall be first acknowledged in the said court where such judgment is given. X. And be it also enacted by the authority aforesaid, That if any person or persons after the said day shall sue or prosecute any writ or writs of error for reversal of any judgment whatsoever given after any verdict in any of the courts aforesaid, and the said judgment shall afterwards be affirmed, then every such person or persons shall pay unto the defendant or defendants in the said writ or writs of error, his or their double costs, to be assessed by the court where such writ of error shall be depending, for the delaying of execution. XI. Provided nevertheless, That this Act, nor any thing therein contained, shall not extend to any action popular, nor unto any other action which is or hereafter shall be brought upon any penal law or statute, (except debt for not setting out tithes as aforesaid) nor to any indictment, presentment, inquisition, information, or appeal: any thing hereinbefore expressed to the contrary thereof notwithstanding. [ No. XIV. ] 22 and 23 Charles II. c. 20.-An Act for the relief and release of poor distressed prisoners for debt. The defendant to have double costs for delays of his execution by writ of error. Popular ac tions; or upon a penal law, indictments, &c. not within this statute. c. 20. FORASMUCH as very many persons now detained in prison are 22 & 23 Car. II. miserably impoverished, either by reason of the late unhappy 'times, the sad and dreadful fire, their own misfortunes, or otherwise, Enforced by 2 so as they are totally disabled to give any satisfaction to their credi- Geo. II. c. 22. 'tors, and so become, without advantage to any, a charge and burden to the kingdom, and by noisomeness (inseparably incident to extreme 'poverty) may become the occasion of pestilence and contagious diseases, to the great prejudice of the kingdom, &c. IX. And whereas it is found by common experience, That such person or persons that are under arrests or committed to the custody of sheriffs, bailiffs, gaolers, keepers of prisons or gaols, are much abused ' and wronged by extorting of great fees, rewards, and other exactions, and put to great expenses under pretences of favour or otherwise, whereby they are greatly oppressed, and many times ruined in their 'estates: For remedy thereof, be it enacted by the authority aforesaid, That if any under-sheriff, bailiff, sergeant at mace, or other officer or minister whatsoever, shall at any time or times hereafter have in his or their custody any person or persons by virtue or colour of any writ, process, or other warrant whatsoever, it shall not be lawful for such officer or officers to convey or carry, or cause to be conveyed or carried, the said person or persons to any tavern, alehouse, or other public victualling or drinking house, without the free and voluntary consent of the No sheriff, bailiff, or other officer, shall carry any person to any tavern, alehouse, &c. or call for without his free any wine or ale consent; No. XIV. 22 & 23 Charles II. c. 20. nor demand or receive greater sum than what by law ought to be taken for waiting. That all sheriffs, gaolers, &c. shall permit their pri soners to send for necessary please; nor demand said person or persons, so as to charge such prisoner with any sum of money for any wine, beer, ale, victuals, tobacco, or any other things whatsoever, but what the said person or persons shall call for of his, her, or their own accord; and shall not demand, take or receive, or cause to be demanded, taken, or received, directly or indirectly, any other or greater sum or sums than what by law ought to be taken or demanded for such arrest, taking, or waiting; (until such person or persons shall have procured an appearance, found bail, agreed with his or their adversaries, or be sent to the proper gaol belonging to the county, city, town, or place, where such arrest or taking shall be) nor take and exact any other reward or gratuity for so keeping the said person or persons out of the gaol or prison, than what he, she or they shall or will of his, her, or their own accord voluntarily and freely give; nor take nor receive any other or greater sum or sums for each night's lodging or other expenses than what is reasonable and fitting in such cases, or shall be so adjudged by the next justice of the peace or at the next quarter sessions; and shall not cause or procure the said person or persons to pay for any other wine, beer, ale, victuals, tobacco, or other things, than what the said person or persons shall voluntarily, particularly, and freely call for. X. And that every under-sheriff, gaoler, keeper of prison or gaol, and every person or persons whatsoever, to whose custody any person or persons shall be delivered or committed by virtue of any writ or process, or any pretence whatsoever, shall permit and suffer the said person or persons at his and their will and pleasure, to send for and have any beer, ale, victuals, and other necessary food, where and from food where they whence they please, as also to have and use such bedding, linen, and other things as the said person or persons shall think fit, without any purloining, detaining or paying for the same or any part thereof; nor shall demand, take or receive of the said person or persons any other or greater fee or fees whatsoever, for his, her or their commitment, release or discharge, or for his, her or their chamber-rent, than what is allowable by law, until the same shall be settled by three justices of the peace, whereof one to be of the quorum, of each particular county, city and town corporate in their several precincts; and for the city of London and counties of Middlesex and Surrey, the two Lord Chief Justices of the King's Bench and Common Pleas, and the Lord Chief Baron, or any two of them, and the justices of the peace of the same in their several jurisdictions. any greater fee for their com mitment or discharge than what is allowable. That inquiry be made into all charities given for the benefit of poor prison ers. That the rates vernment of prisons be signed by the Lord Chief Justices, &c. and hung up in XI. And likewise that the said Lord Chief Justices, Lord Chief Baron and justices of the peace in their several jurisdictions, and all commissioners for charitable uses, do use their best endeavours and diligence to examine and find out the several legacies, gifts and bequests bestowed and given for the benefit and advantage of the poor prisoners for debt in the several gaols and prisons in this kingdom, and to send for any deeds, wills, writings and books of accounts whatsoever, and any person or persons concerned therein, and to examine them upon oath, and to make true discovery thereof (which they have full power and authority hereby to do,) and the same so found out and ascertained, to order and settle in some manner and way, that the prisoners hereafter may not be defrauded, but receive the full benefit thereof, according to the true intent of the donors. XII. And that these accounts of the several legacies, gifts and bequests of fees, and go- given and bestowed upon the several prisoners for debt within this kingdom, and the several rates of fees and the future government of prisons, be signed and confirmed by the Lord Chief Justices and Lord Chief Baron, or any two of them for the time being, and the justices of the peace in London, Middlesex, and Surrey, and by the judges for the several circuits, and justices of the peace for the time being in their several precincts, and fairly written and hung up in a table in every gaol and prison, before the first day of November, One thousand six hundred seventy and one, and likewise be registered by each and every clerk of the peace within his or their particular jurisdiction: And after such establishment every gaol, fairly written. no other or greater fee or fees than shall be so established, shall be demanded or received. No. XIV. 22 & 23 Charles II. c. 20. XIII. And whereas it is become the common practice of the gaolers and keepers of Newgate, the Gate-house at Westminster, and sundry other gaols and prisons, to lodge together in one room or chamber ' and bed, prisoners for debt and felons, whereby many times honest 'gentlemen, tradesmen and others, prisoners for debt, are disturbed and Felons and pri'hindered in the night-time from their natural rest, by reason of their soners for debt fetters and irons, and otherwise much offended and troubled by their not to be lodged together. ⚫ lewd and profane language and discourses, with most horrid cursing and swearing, (much accustomed to such persons,') be it enacted by the authority aforesaid, that it shall not be lawful hereafter for any sheriff, gaoler, or keeper of any gaol or prison, to put, keep or lodge prisoners for debt and felons together in one room or chamber; but that they shall be put, kept and lodged separate and apart from one another, in distinct rooms; upon pain that he, she or they which shall The forfeiture for offending offend against this Act, or the true intent and meaning thereof, or any part thereof, shall forfeit and lose his or her office, place or employ- against this act. ment, and shall forfeit treble damages to the party grieved, to be recovered by virtue of this Act; any law, statute, usage, or custom to the contrary in any wise notwithstanding. 30 Car. 2. [No. XV. ] 29 Charles II. c. 7.-An Act for the better observation of the Lord's Day, commonly called Sunday. [See the Statute at length, Part VI. Title Lord's Day.] VI. PROVIDED also, that no person or persons upon the Lord's Day shall serve or execute, or cause to be served or executed, any writ, process, warrant, order, judgment or decree, (except in cases of treason, felony, or breach of the peace) but that the service of every such writ, process, warrant, order, judgment or decree shall be void to all intents and purposes whatsoever; and the person or persons so serving or executing the same, shall be as liable to the suit of the party grieved, and to answer damages to him for doing thereof, as if he or they had done the same without any writ, process, warrant, order, judgment, or decree at all. (1) [No. XVI. ] 4 William and Mary, c. 4.-An Act for taking Special Bails in the Country upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer, at Westminster. (1) The following note upon this subject was subjoined by the Editor to the case of Wilson v. Tucker, 1 Salk. 78, in the sixth edition of that work. The addition in brackets contains the cases since decided. "Before the statute, ministerial acts upon a Sunday were lawful; 9 Co. 660; 2 Cro. 280.; 2 Bul. 72. A defendant arrested on another day and escaping, may be retaken on a Sunday; Mod. Ca. 231. So a person may be taken on an escape warrant; Parker v. Moore, 2 Salk. 626: but not after a voluntary escape; Featherstonhaugh. Atkinson, Barn. 373: nor a person arrested and liberated, there being, at the time of the liberation, a detainer at the suit of another person; Atkinson v. Jameson, 5 T. R. 25. Bail may seize their principal; Mod. Ca. 231: but not sheriff's bail; Brookes v. Warren, 2 Bl. Rep. 1273. A person may be arrested on 租 29 Charles II. c. 7. Service of process on the Lord's Day shall be void. a Sunday on the Lord Chancellor's warrant, on an order of commitment for a contempt, 1 Atk. 35; not upon an attachment for nonperformance of an award, Dut. 1 T. R. 265. A person convicted by justices on a penal statute cannot be apprehended on a Sunday for want of distress; Rex v. Myers, IT. R. 265." [A rule Nisi, for an attachment for nonpayment of money, cannot be served on a Sunday; M'Ileham v. Smith, 8 T. R. 86. Service of notice of plea, filed on a Sunday, is void; Roberts v. Makhouse, 8 East. 547. A writ returnable on a Sunday must be executed, at latest, on the Saturday, Leveridge v. Plaistow, 2 H. B. 29. The service of any process on Sunday is absolutely void, and cannot be made good by any subsequent waiver, Taylor v. Phillips, 3 E. 155.] No. XVI. 4 W. & M. c. 4. Chief Justice, &c. may make any persons, except attor nies and solici tors, commis sioners to take bail in the country. FOR the greater ease and benefit of all persons whatsoever, in taking the recognizances of special bails upon all actions and suits depending, or to be depending, in any of the Courts of King's Bench, Common Pleas, or Exchequer at Westminster; be it enacted by the King's and Queen's most excellent Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the Chief Justice, aud other the Justices of the Court of King's Bench for the time being, or any two of them, whereof the Chief Justice for the time being to be one for the said Court of King's Bench, and the Chief Justice of the Court of Common Pleas, and other the justices there for the time being, or any two of them, whereof the Chief Justice of the same court to be one for the said Court of Common Pleas, and also the Chief Baron and Barons of the Quoif of the Court of the Exchequer for the time being, or any two of them, whereof the Chief Baron for the time being to be one for the said Court of Exchequer, shall or may, by one or more commission or commissions under the several seals of the said respective courts, from time to time, as need shall require, impower such and so many persons, other than common attornies and solicitors, as they shall think fit and necessary, in all and every the several shires and counties within the kingdom of England, dominion of Wales, and town of Berwick-upon-Tweed, to take and receive all and every such recognizance or recognizances of bail or bails, as any person or persons shall be willing or desirous to acknowledge or make before any of the persons so impowered, in any action or suit depending or hereafter to be depending in the said respective courts, or any of them, in such manner and form, and by such recognizance or bail-piece, as the justices and barons of the said respective courts have used to take the same; which said recognizance or recognizances, or bail or bail-piece so taken as aforesaid, shall be transmitted to some or one of the justices or barons of the said respective courts where such action or suit shall be depending, who, upon affidavit made of the due taking of the recognizance of such bail or bail-piece by some credible person present at the taking thereof, such justice or baron shall receive the same, upon payment of such fees as have been usually received for the taking of special bails by the justices and barons' clerks, and other the officers of the said respective courts; which recognizance of bail or Bail taken be- bail-piece, so taken and transmitted, shall be of the like effect as if the same were taken de bene esse before any of the said justices and barons, for the taking of every which recognizance or recognizances of bail or bail-piece, the person or persons so impowered shall receive only the sum or fee of two shillings, and no more. Justices, &c. to receive the bail-piece upon affidavit of due execution. low to be as de bene esse. Power given to justices, &c. to make rules for justifying, but not to order the person's appearance. II. And be it further enacted by the authority aforesaid, That the justices and barons respectively in the several courts shall make such rules and orders for the justifying of such bails, and making of the same absolute, as to them shall seem meet, so as the cognizor or cognizors of such bail or bails be not compelled to appear in person in any of the said courts, to justify him or themselves, but the same may and is hereby directed to be determined by affidavit or affidavits duly taken before the said commissioners, who are hereby impowered and required to take the same, and also to examine the sureties upon oath, touching the value of their respective estates, unless the cognizor or cognizors of such bail do live within the cities of London and Westminster, or within ten miles thereof. III. And be it further enacted by the authority aforesaid, That any Judge of Assize in his circuit shall and may take and receive all and every such recognizance and recognizances of bail or bails as any person shall be willing and desirous to make and acknowledge before him, which being transmitted in like manner as aforesaid, shall (without oath) be received in manner aforesaid, upon payment of the usual fees. IV. And be it further enacted by the authority aforesaid, That any person or persons who shall before any person or persons impowered by virtue of this Act, as aforesaid, to take bail or bails represent or personate any other person or persons, whereby the person or persons so |