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to give evidence, so that no such fine be more than 10/. nor less tbaiif30*. on one person, s. 15.

And in case any jury shall give in a verdict for more monev, Costa of the thaa what shall have been oliered by the justices, the costs of J"Tsummoning and maintaining the jury and witnesses shall be paid out of the same fund as the cxpinrcs of the buildings; but if such jury shall gire in a verdict for no more, or for lss "woney, than the money offered by such justices, (hen the costs shall b:' paid by the person with whom such controversy shall arise, $.10.

Upon payment of the money, or (upon refusal or inability Upon payment to receive the same) leaving the same in the hands of such per- ot Murc,,ase, son as the justices in quarter sessions shall appoint, for the use ^'! ^ij"TM,. of the party entitled thereto; or in case of the said party not 5.bL,on uX being to be found, then, upon notice to be published in some land*. paper circulating in or near the county, of the payment of such purchase-money, the purchased premises shall vest in the ■ person authorised to take the same by this act; and the justices may take possession of such houses, lands or tenements, s. 17.

And in order ta defray the expences of building, rebuilding, Tl' ° "tp»"o*« flushing., repairing, or enlarging gaols, and the appurtenances, u'cX". * *~{ and of purchasing hereditaments and premises, and other ex- the county peaces necessary for the execution of this act; It is enacted rates, that in all such cases, where sucn gaols are to be repaired at tfie fvponce of the county, riding, division, city, town, liberty, or precinct, to which the same belong, the justices at their general quarter sessions may cause the same to be raised in the same manner as the county rates, s. 8.

But when it shall appear, that the amount of any estimate,ap- But if the exproved by the justices,shall cxccedonchalf the ordinary annual as- pence* exceed acssment lor the county rate,for thclastfive years,then the insures onc l1"" of lba in quarter sessions may borrow on mortgage (1) of the rates, any" J

(I) By instruments in the following form. s. 9.

WE A B onc of his majesty's justices of the peace, and chairman of the court of sessions of the pence for the i.uanly^ #tc. of

(as the case shall be) hidden at the —.

diiji of , C D, and V ,F, esai:iits, lico other of his rna

jtsty's justices ot the peace acting Jar the said county, iS-c, and assembled in the said court, in pursuance of the powers to at given by an act passed in the 24th i/enr of the reign of his majestu king George the Third, intituled, 'Ail act to explain and amend an 'act made in the 11th and 12th years of the reign of king 'William the Third, intituled, "An act to enable justices of "peace to build anil repair gaols in their- respective cuuuties, "and lor other purposes therein mentioned ;" do hereby, in tpsa court, mortgage and charge all the rates to be raised -within

Title*.

rate, the mo- stnnsnotless than 50/. nor exceeding 100/. each, at legal or lower ney m be rais- interest, as to the major part (not less than five (shall a|)uear eii by mort- necetsary; and the said justices arc to treat wilh any person for * •' the loan of auy moncr,andby their order to confirm such agree

ment; and such agreement established by such order,and signed by tin chairman, and two justices prescn',shall be effectual fors'cnr. inn of money advanced with interest for the same, and rjpi s of all such agreements or securities shall be kept with the clerk of the peace, and erery person to whom snrb. security shall be marie, or who shall be entitled to the money thereby secured, may (by ind rsing his name on the back, thereof) transfer the same unto any person, aud such assignee mav in like manna transfer the same again, and so toties quolies; and the ptrsonsto Tt horn such securities or such assignment thereof shall be made shall be creditors upon the rates in au equal degree, and shall not have any priority, s. 9. Manner of HU- And the said justices are not only to charge the rates with charging «ecu- tne jntprej^ but also with the payment of a farther sura equal at least to the interest ; which sums shall be assessed, and paid in discharge of the interest, and of so many of the principal sums, as it will extent! to discharge in each year until tht whole,and the interest thereof, shall be fully paid ; and the j .stices are to fix one or more day6 in each year, on which such payment shall be made, and shall make orders for assetsu tnts in due time, so as to proTide for the regular payment thereof; and they are to appoint a person to keep an account oi ail the receipts and payments in a book separate front all other accounts, and the same to adjust in such manner that it may easily be seen Wiiat intercstis growing due, and what principal mt.ney •'as been discharged, and what remains due; and the said book* so settled, to deliver into .court at every general or quartt i sessions ; and the said justices are, at such sessious, carelully to inspect all such accounts, and make orders for cariying this act into execution ; and if it appear to the justices

the said county, &c(as the case shall be), under the description if erjivy rates, by the taxes now in being, with the potmeat of the sum ot - which G II of -■■ » hath proposed

lenu, and hath now actually advanced und paid toward defraying the txpences of building, repairing, &c. (as the case shall be) the gaol J or the said count]/, &e. And we do hereby confirm andes- , tablnh the same unto tht said G H, his executors, administrators, and assigns, fur seeming the repayment of the said sumot ——

ttnd intercut for th- same, after the rate of- per centum per

annum: aid do ori'er the treasurer for suth enmity, &c. ut other p i.v'i (as the case shall he), to pay the interest of the suidsv» of —— half y .:>/'/, as the same shall hevome due, until tht principal shall oe discharged) pursuant to the directions efthe" act.

thai thp person appointed has neglected (he order, and has not duly app'ied the money in his hands to the purpose directed, such person shall forfeit double the amount of the money not appl:ed; and the said justice's assembled in session shall direct in ■what or ier such securities shall be discharged, by drawing lots or otherwise as they think fit, first discharging all securities wAich bear the highest interest, s. 10

And the justices in their quarter sessions shall make provision, Within what by means of the rates and by their orders, in such manner, that jj£'^'"""^ed* the whole money borrowed under this act shall be fully paid "e

within a time to be limited, not exceeding fourteen years from the time of borrowing the same. s. II.

And in all comities divided into ridings and having several Howhejustice? commissions for such ridings and no general or quarter sessions ofcouiitieidrn/»r the county, it shall be lawful for the justices for such ridings ^j',,^0'^""; at the general quarter sessions, hoideii next after such pre- ving disi'mct lentment of the gaol, to appoint three jnsticesfor such riding, which sessions *ie to justices so appointed by each of such rulings,are, within one month ac'» after such appointment (due notice thereof having been previously given to such justices by the clerk of the peace) to meet at such gaol which shall have been presented ; and the said justices or the major part of them there assembled (not being less than five), shatl hold a special sessions at the gaol, for receiving plans, and contracting for the building, rebuilding, repairing, enlarging or altering such ga'd, and shall make their report to the general quarter sessions of such ridings, of the several plans, estimates, and contracts, made and entered into, and also a report of ths money necessary to be raised on each riding, as their quota of the expt-nce; which shall be raised on each riding as the county rates. *. 18. \

And it shall be lawful for the justices to build any new gaol, New .v-.o) miy in any part of the county, &c. in case (m the presentment be bail-. »• »ny tiade of the inconvenience of such old gaol) it be expressly pre- j?^'V",lle scnted, that the plac^ wherein the old gaol is situate is im- U,J proper, and that the said gaol ought to be removed to some alher part of the county, &c. and in case three-fo:irths in number of the justices at two successive quarter sessions (notice laving been given three times in some public newspaper, of the hne of the holding thereof, and of the place to which such gaol s to be removed), shall approve of such removal, but not othor

rise. s. 3

The justices in their general quarter sessions, are to nominate Visiiimrjti tices me or more justices, to visit and superintend the gaols, and ["'''.'/,;{!,""^ rom time to time to make a report of the stata thereof to ,'„„'!*',',',-\\lK ra. he general quarter sessions, which is authorized, upon such ,)8ir of gaols. eport, to order any money, not exceeding 2001. in one year, to e laid out upon the repair of such gaols, as they shall deem reuisite notwitnstanding such want of repair shall not have been reseated by the grand jury as aforesaid ; and if it shall happen

that the said gaols, by any breach made in the samp, from tire attempts of prisoners to escape, or other casualties, shall be rendered unsafe for tho custody of prisoners, between the holding of the general qnarter sessions, it shall be lawful for out justice to order the damages occasioned thereby to be immeJ*. atcly to far repaired as may be necessary for the safe custo:!}' ©f such prisoners ; and Mich justice slial! report the same to the next general quarter sessions, which is to order the payment of such money as 9hal! hare been expended in such reparation. *. 7. ^lisorers to be Whenever the justices in sessions shall deem it necessary, itmuvtil to that the felons, debtors and other prisoners, shall be removed, ioimsuf cor- cjt|ler for repairing their old gaol,or using the materials iherf-of rection urmg building a new gaol, on giving notice to the sheriff, ths said stierili may remove such prisoners to the house of correction, or such other places of confinement as the justices with the consent of the sheriff shall approve of, and confine them there during the time such new gaol shall be building, or old gaol repairing or enlarging; and when such gaol shall be made fit f«r the reception of such prisoners, then the said sheriff may remore thither all such prisoners then in his custody ; and tilt expence of Mich removal, and safe custody, shall be paid by such county, s. 0.

II. Eegnlations for tstahlhhing a proper po?ice trithin

gaols.

TcUm, nn.l n 22 ^ 23 c e. c. 20, It shall not be lawful for any the

Of bints lutw.^-' ." ■ -, ■ J .

Vtut scuaraie. Tin or gaoler to lodge prisoners for debt and felons together in one room, but they shall be kept apart ; upon pain that ther that shall offend a^aii-st this act, shall forfeit their office, ami treble damages to the party grieved, s. 13. Spiritironi li- By 21 GeoM.cAO.'No licence shall be granted for the retailrnj

<)u<ir5 l1'"1"1'"-of spiritnous liquors within any gaol, prison, or house of correction; and if any gaoler shall sell, use, lend or give away, or knowingly suffer any spirituous liquors to bcsold,&c.in any such prisons,fir houses of correction, or brought into the same : except suchfpirituons liquors as sliail be given by the direction of a phvsician.surgeon,or apothecary .a ml to be appliedinpursuanceof such prescription from the shop of some apothecary; every such gaoler shall forfeitl 00/. oneiiicicfy to his majesty, and the other moiety with eusrs to such person as will sue in any court of record *lWeiteuastcr; and il such gaoler or officer being convicted", again offend ami i)e a second time convicted,such second offence shall be a forfeiture of his* office, s. 13.

Aud it shall b« lawful for any justice- of peace upon information upon oath, that any such spiritnous liquors are kept asi disposed, of in any such prison or bouse of correction, to eatu and search, or to authorize any constable or peace officer by war. rant to enter and search such prison-, and in case any spirituous liquors be found therein (except such as are to be used medicinally) it shall be lawful for such constable, to sciic and cause the same to be staved and destroyed, s. 14.

And no person shall carry or bring, or attempt to bring any distilled spirituous liquors (except in the way of medicine) into any prison, and if any person offend therein, the gaoler or his servants way apprehend such person and carry him before a justice, and if by the oath of one witness or otherwise, the justice convict such person, he shall commit him to prison, or to the house of correction, for notexceeding three months, unless he immediately pay such sum not exceeding 20/- and not less than 10/. as the justice shall impose; to be paid one moiety to the informer, and the other moiety to the use of the poor of such prison, s. 15.

And every gaoler shall procure a copy of the three preceding clauses, to be printed or written, and hung up in one of tho most public places of his prison, and renew the same from time *o time, so that it may always be kept legible, on pain of forfeiting 40j. to be levied by warrant of any justice on conviction in a summary way, by the oatii of one witness; and any justice may enter into an> prison within his jurisdiction, and demand a sight of such copy so hung up, and if not forthwith shewn him fair and legible, he may immediately convict sueh gaoler; ono moiety of the penalty to be paid to the informer, and the other moiety (or the whole if tiicre. be no informer;, to the poor of such gaol. *. 16.

As preventing gaolers from selling liquors, or deriving any GaoUnnot profit from the sale of liquors, may prevent drunkenness, riots, to heiictme-d and other disorders iu gaols ; and it may be proper to give au- to sell ale,wmr. thority to the justices in sessions, to allow salaries to gaolers in orotlCf Nuoralieu of the profits derived from the sale of liquors ;' It is ExactEd by '24 Geo. 3. ic*i. 2- c. 5i, that the justices at the general quarter sessions, or at any special -adjournment thereof held for such express purpose, may appoint such salaries or allowances, to suc.'i gaolers and their assistants, in tho several gaols within their jurisdictions, and vary the same as to them shall seem meet ; and order the same to be paid out of the county rate, by a certificate, signed by tho chairman of such sessions, *.20.

But no chairman shall sign such certificate unless sueh salaries shall have been settled at some general quarter sessions, or adjournment thereof, and notice shall have been given fourteen days at least before such general quarter sessions, or adjournment, by two advertisements inserted in some newspaper, printed and circulated in the county, of an intended application for grafting such salai ies,which advertisement shall bit signed by th* fiexk. of the peace or his deputy. s, 11.

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