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IFF. Concerning houses of correction. IV. Regulations concerning gaols and other places of confinement used as houses of correction, or penitentiary house* for convicts. V. Poor prisoners. VI. Arrest of debtors. VII. Insolvent debtors. VIII. The duty and power of gaolers and keep* ers of prisons.

I. Concerning gaols in general.

{jj AOLS .itb of such universal concern to the public, that By -n-liatan- none can De erected by a:iy less authority than by «ct of par. ■lay he ercled I lament. 2 lust. 705.

»nd tu whom And all prisons or gaob belong to the king, although a

thfj belong, subject may have the custody or keeping of them. 2 Inst. 100.'

And therefore when the king grants to a corporation, a gaol within their precinct, the mayor or head officer is gaoler. 1 Comyn's Dig. Tit. Imprisonment, (F).

But the keeping of the connty gaol is incident to the office of the sheriff, and inseparable therefrom; for by 14 Ed. 3. stnt. I.e. 10, & 19 Hen. 7. c. 10. and 11 & 12 W. 5. c. 19. .«. 3, 4, 'he sheriff of every count}/ shall have the keeping tf the common gaol there, except such as are held by inheritance or succession (or for term or life or years, 11 & 12 Will. 3. «. 19. s.4.)

And therefore, by 14 Ed. 3. St. 1. c. 10, the sheriff, shall put iu such keepers for -whom he will answer.

But by 3 Geo. 1. c. 15, s. 10, none shall buy, sell, let, or take to farm tlue office of gaoler, bailiff, or any other offic* pertaining to the high sheriff; or contract for the same, oa pain of sOO/. cue moiety to the king, the other to the per

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other safe places, for the removal of sirk or other person! front the ordinary gaols. Proyided no place be made use of for the ptirpo e aforesaid against Uk- will of the owners. *. 2. Atwhosrcliargn Although divers lords of liberties have the custody of prisons, gaols arc to be ano> some in fee, yet the prison itself is the king's pro bono boi:t or re- publico, and therefore it is in general to be repaired at the com. "' c' mon charge. 2 Inst. 5s9.

But in some liberties the obligation to repair the gaol mar be annexed to particular estates; and such was the caseia respect to the repairing the county gaol for Devonshire till lately ; the repairing of which was a charge on Mr. Rolle'i estate.- 6 ler. Rep. 374.

But the lord of a franchise is not merely as such bound to repair a gaol within it, although he maybe subject tosnch a charge by immemorial obligation: and if he is,en an indictment for not repairing, tha immemorial obligation must be expressly stated, otherwise it will be bad. The K. v'. the Earl ofExeter, 6 Ten Rep. 11.

But this matter is regulated by the following statutes:

Common gaols Byll& 12 Will. 3. c. ]9, made perpetual by 6 Geo. 1.

• to be built and c. 19, it shall be lawful tor the justices of peace upon pre.

repaired at the SCntment of the grand jury at the assizes, great sessions, and

'oT" °f the gaol,delivei7 (or at the general or quarter sessions, 12 Gtt.

coun y- 2. c. 29, s. 13.) of the insufficiency, or inconveniency of

their gaol, to agree upon such* sums of money, as upon en

mination of workmen shall be thought necessary for the

building or repairing the gaol. *. 1. The expence tchereof th*U

be paid by the treasurer of the county out of the general Com

ty rale. 12 Geo. 2. c. 29.

fi'sdictSViot But this shal1 not extend* *o charge any persons in anj

lobe contr'ibu- town or liberty which have common gaols for felons, and com

tory thereto, missioncrs of assize or gaol delivery, for any assessment, to'

* See the title County Ratm, in Vol. i.

f There is an in accuracy in Burn's statement of this act; for hep*?5 > short abstract of the 4th section whereby it is made to appear that per*-'".* having any common gaol by inheritance are exempted from the abore provision; whereas that clause seems to relate only to lire clause immediately preceding, whereby the ancient acts of 14 Ed. 3. Si. 1. «. 10. & 19 Of7. c. 10, are confirmed.

To shew this; it is only necessary to set forth the said clauses, which «" to the following effect.

All murderers and felons shall be imprisoned in the common gaol, o«> '■' sheriff shall have the keeping of ihe gaols. 11 & 12 Will. 3. c. 19. s. 3.

Provided that this be net prejudiiial to any person having eng tmmm got '•': inheritance for lift st years. ». 4.

llie makit-g l]ic common gaol for the shire. 11 & 12 Will. 3. t ,. . f. 19 j i Justices in set

'''. siniii upon pre

And by 2 Geo. 3. test. 2. c. 51, it shall be lawful for the sentment by justices for every county, riding, division, city, town, liberty, the grand juror or precinct, at their general quarter sessions, or the major ""y °_rder part of such justices there assembled, not being less than seven, ^"rebuTl'tor upon presentment made by the grand jury at the assizes, enlarged, great sessions, or general gaol delivery, of the insufficiency, incooveniency, or want of repair, of any gaol, to contract with any person for the building, rebuilding, finishing, repairing, or enlarging such gaol, and the yards, courts, and outlets thereof, and adding such other buildings, and making s"ch conveniences"as shall be adjudged requisite, by the jushres, at a certain sum ; or for erecting any new gaol, upon any site, or ground within any distance not exceeding two miles from the site of the old gaol ; and in that case for selling the old gaol and the site thereof, and land thereto belong, ing, or any part thereof, and also the materials of the old gaol, for the best price ; such contractors giving security for the performance of their contracts, to the clerk of the peace, ft 1'

And the said justices, after such presentment made, shall, at Justices to give the next general quarter sessions, give notice, three times at notice of the Ies:-t, in some public paper, circulating in or near such county, Prese<"'Q'nt. 4c, of such presentment, and of their intention to take the same into consideration, at the next, or some following general quarter sessions; and after s'.ich consideration had, the justices And of their iiiall give notice in such public paper, of thi-ir intention of ""«»"<>" t" :ontraciiu£ with any person for building, rebuilding, finishing, co"trdc'"epairing, or enlarging such gaol. s. 2.

And such contract shall be made at the most reasonable Contract io be ates, and with the most responsible persons; and every con- lustle «t 'he ractor shall give security for the performance of his contract to n,.u,t ,eai,">*he clerk of the peace; and nil contracts when made, and all rders relating thereto, shall be entered in a book to be kept y the clerk of tho peace, which may be inspected by any of ie justices or persons contributing to the county rates without 'e. *. 2.

But no justice who shall, under this act, do any matter in No J0,tice to ie execution thereof, shall be capable of having any beneficial ^"rauT'''^ itcrcst, either in his own name, or the name of any other, in ny contract, or for any design or plan receive any benefit. 10.

And the said justices (after presentment made) may pur. Justices may !ase any houses, lands, or hereditaments, for building, cnlarg- purchase lands, g, and accommodating such gaols; to be conveyed to such :rson as they think fit in trirst. s. 5.

And it shall be lawful for the king, for all bodies politic and , irporate, and also for all guardians, committees, husbands, uitees,- and attoraics of any pctjj|ps being in/ants, lunatics,

idiots, under coverture, or any other disability, and also for all other persons, to contract for, and to sell, convey, and«ssnrs such houses, lands, and hereditaments, unto such persons 2! aforesaid, t. 12.

And where such hereditaments are limited in strict settlement, if the purchase money shall exceed 100/. it shall be laid out iu the purchase of lands, to the like uses; and till such purchase shall be made, whether the same shall or shall not exceed 100/. it shall be laid outin government securities, in the names of two persons, ope nominated by the party interested, and the other by the two justices ; and the interest paid to the person entitled to the rents and profits, s. 13. Such persons And if any persons interested in such houses. &c. upon no

trcui the ius- *'ce *n writing to them given, or left at their usual abode, shal!, tices may as- for twenty-one days, after such notice, neglect, or refuse to eert»in the va- treat, or to accept Mich price as shall be ottered by the justice* Jue by ajury. or their agent, or 'shall otherwise not a^ree for the sale, or if by absence or incapacity, they shall be psevented frosi treating for such sale, then the justices, at their general or quarter sessions, or two of them appointed for that purpose, shall cause the value to be ascertained by ;i jury, and to tliat end shall summon before such jury, and examine u; on oalh Mj persons whomsoever; and such justices, or two of them, shall, by ordering a view or otherwise, use all ways for information of themselves and of such jury in the premises; and when suri jury shall have ascertained the value, the justices shall order the sum to be paid as before directed, which verdict a*l order shall be filed of record by the clerk of the peace, ami shall be final and conclusive against all parties whomsoever. s. 14. IIow si eli jury Such justices, or two of them, may issue their warrants lo is to he sum- the sheriff or bailiff of any particular county, or precinct, iDoned, and in- „.;(),;„ u,c limits of which the houses, &c. shall be situated, reclines nude. ....,, • . , . r —. ■? quiring him to return a jury of twenty-four persons, to appear

before the justices, at such time as in such warrants shall be appointed, which sheriff or bailiff is to summon, and return such persons, and out of the persons returned, or out of sues as shall appear, the justices shall draw by ballol, and swear, twelve men, who shall be the jury, and in default of a sufficient number, the sheriff or bailiit shall take such other men oi the by-sfauders, or that can speedily be procured to attend that service, to make up twelve; and the justices may impos*a fine ou such sheriff or bailiff, or his deputy, making default, and on any of the persons summoned and returned who shall not appear, or appearing, shall refuse to be sworn, or being sworn, shall refuse to give a verdict, or shall in any other manner wilfully nrglcct his duty, and also on any person who, being summont jfd and required to give evidence before the jury, shall refc>* yr neglect to appear, or appearing, shall refuse to be s worst of

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