Escape of Debtors, etc. Act 1696

JurisdictionUK Non-devolved
Citation1696 c. 27
Anno Regni G U L I E L M I III. octavo. An Act for the more effectual Relief of Creditors in Cases of Escapes, and for preventingAbuses in Prisons and pretended privileged Places.

(8 & 9 Will. 3) C A P. XXVII.

'WH E R E A S by reason of the many grievous Extortions and ill Practices of such Persons who have for several Years past respectively executed the Offices of Marshal of theKing's Bench , Warden of the Fleet , and Keeper of the Marshalsea, Newgate , and other Prisons, and by several pretended privileged Places within this Realm, both Creditors and Debtorshave been notoriously abused, and the good Intents of the Law wholly eluded:' For Reformation thereof be it enacted by the King's most excellent Majesty, 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 from and after the first DayofMay one thousand six hundred ninety-seven, all Prisoners, either upon Contempt or Mesne Process, or in Execution, who are or shall be committed to the Custody of the Marshal of the King's Bench Prison, or Warden of the Fleet , shall be actually detained within the said Prisons of the King's Bench and Fleet , or the respective Rules of the same, until they shall be from thence discharged by due Course of Law; and if at any Time from and after the said first Day ofMay , the said Marshal or Warden, or any other Keeper or Keepers of any Prison, shall permit and suffer any Prisoner committed to their Custody, either on Mesne Process or in Execution, to go or be at large out of the Rules of their respective Prisons (except by virtue of some Writ of Habeas Corpus , or Rule of Court, which Rule of Court shall not be granted but by Motion made or Petition read in open Court) every such going or being out of the said Rulesshall be adjudged and deemed, and is hereby declared to be an Escape.

S-II Upon Judgment in Action of Escape, Marshal or Warden's Fees to be sequestered for Satisfaction.

II Upon Judgment in Action of Escape, Marshal or Warden's Fees to be sequestered for Satisfaction.

II. And be it further enacted by the Authority aforesaid, That from and after the said first Day ofMay , every Person or Persons obtaining Judgment in any Action of Escape against the said Marshal or Warden, or their respective lawful Deputy or Deputies, shall and may have, not only the several Remedies already by Law allowed for obtaining Satisfaction thereon, but the Judges of the respective Courts where such Judgment shall be obtained (upon Oath before them made by the Person or Persons obtaining such Judgment, that the same was obtained without Fraud or Covin, and that the Debt of the Prisoner making such Escape was a true and real Debt and unsatisfied) shall, upon Motion made to them in open Courtfor that Purpose, sequester the Fees and Profits of the Office of Marshal or Warden, or so much, or such Part or Proportion thereof, as the said Court wherein such Motion shall be made shall think fit and reasonable, with respect to the Debt or Debts due from such Prisoner or Prisoners so escaping, and in the first place apply the same towards Satisfaction of the Debt or Debts due from the Prisoner or Prisoners who escaped, together with all Costs and Damages recovered in such Action of Escape.

S-III Marshal, &c. suing a Writ of Error to reverse Judgment, to put in special Bill.

III Marshal, &c. suing a Writ of Error to reverse Judgment, to put in special Bill.

III. And to the end that such Satisfaction may not be deferred by any Writ of Error brought for Delay only, be it enacted, That if the said Marshal or Warden, or their respective Deputy or Deputies, shall at any Time after the said first Day ofMay sue forth any Writ or Writs of Error to reverse any Judgment given in any Action of Escape, such Marshal or Warden, or their respective Deputy or Deputies, shall be obliged to put in special Bail, or in default thereof no Execution shall be stayed, nor any Sequestration of the Profits delayed.

S-IV

'IV. And whereas it is notorious that divers great Sums of Money and other Rewards have been given to, and actually received by, the several Persons executing the respective Offices of Marshal and Warden, and other Keepers of the several Prisons within this Kingdom, to assist or permit Prisoners in their Custody to escape, in open Defiance and Contempt of the Laws of this Realm:' For preventing the like evil Practice for the Time to come, Be it further enacted, That if any Marshal or Warden, or their respective Deputy or Deputies, or any Keeper of any other Prison within this Kingdom, shall take any Sum of Money, Reward, or Gratuity whatsoever, or Security for the same, to procure, assist, connive at, or permit any such Escape, and shall be thereof lawfully convicted, the said Marshal 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 Pounds, and his said Office, and be for ever after incapable of executing any such Office.

S-V This Act not to void Securities given for Lodging within the Rates of the said Prisons.

V This Act not to void Securities given for Lodging within the Rates of the said Prisons.

V. Provided always, That this Act, nor any thing therein contained, shall extend, or be construed to extend to make void such Securities, or any of them, as shall at any Time or Times hereafter be given by any Prisoner or Prisoners for his or their Lodging or Lodgings without the aforesaid Prisons, or either of them, within the Rules of the said Prisons ofKing's Bench and Fleet , or either of them, so as such Security or Securities be not taken for the Enlargement of any Prisoner or Prisoners out of or beyond the Rules of the said Prisons ofKing's Bench and Fleet , or either of them respectively.

S-VI No retaking on fresh Pursuit to be given in Evidence on Action of Escape, unless specially pleaded; nor any special Plea, anless upon Oath that the Escape was without Consent of the Marshal, &c.

VI No retaking on fresh Pursuit to be given in Evidence on Action of Escape, unless specially pleaded; nor any special Plea, anless upon Oath that the Escape was without Consent of the Marshal, &c.

VI. And be it further enacted by the Authority aforesaid, That from and after the said first Day ofMay , no retaking on fresh Pursuit shall be given in Evidence on the Trial of any Issue in any Action of Escape against the said Marshal or Warden, or their respective Deputy or Deputies, or against any other Keeper or Keepers of any other Prison or Prisons as aforesaid, unless the same be specially pleaded, nor shall any special Plea be taken, received, or allowed, unless Oath be first made in Writing by the Marshal or Warden, or their respective Deputy or Deputies, or by such other Keeper or Keepers of any other Prison or Prisons as aforesaid, against whom such Action shall be brought, and filed in the proper Office of the respective Courts, that the Prisoner for whose Escape such Action is brought did without his Consent, Privity, or Knowledge make such Escape; and if such Affidavit shall at any time afterwards appear to be false, and the Marshal or Warden, or other Keeper or Keepers of any other Prison or Prisons, shall be convicted thereof by due Course of Law, such Marshal or Warden, or other Keeper or Keepers of any other Prison or Prisons, shall forfeit the Sum of five hundred Pounds.

S-VII Prisoner in Execution escaping, may be retaken by any new Capias.

VII Prisoner in Execution escaping, may be retaken by any new Capias.

VII. And be it further enacted and declared by the Authority aforesaid, That if at any Time after the said first Day ofMay , any Prisoner who is or shall be committed 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, at whose Suit such Prisoner was charged in Execution at 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 Judgment, at if the Body of such Prisoner had never been taken in Execution.

S-VIII Keeper refusing to shew Prisoner. it shall be an Escape.

VIII Keeper refusing to shew Prisoner. it shall be an Escape.

VIII. And be it further enacted by the Authority aforesaid, That if the said Marshal 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 Day's Notice in Writing given for that Purpose, refuse to shew any Prisoner committed in Execution to the Creditor at whose Suit such Prisoner was committed or charged, or to his Attorney, every such Refusal shall be adjudged to be an Escape in Law.

S-IX Penalty on Marshal, &c. refusing to give a Note whether a Person be Prisoner, or not.

IX Penalty on Marshal, &c. refusing to give a Note whether a Person be Prisoner, or not.

IX. And be it further enacted by the Authority aforesaid, That if any Persons or Persons whatsoever, desiring to charge any Person with any Action or Execution, shall desire...

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