the making the common gáol for the shire. c. 19. s. 5. 11 & 12 Will. 3. Justices in sessions upon pre And by 2 Geo. 3. sess. 2. c. 54, 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 may order part of such justices there assembled, not being less than seven, he rebuilt or County gaols to upon presentment made by the grand jury at the assizes, enlarged. great sessions, or general gaol delivery, of the insufficiency, inconveniency, 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 such conveniences as shall be adjudged requisite, by the justices, 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 belonging, 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, 8. 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 least, in some public paper, circulating in or near such county, presentiment. &c. of such presentment, and of their intention to take the same into consideration, at the next, or some following general quarter sessions; and after such consideration had, the justices And of their shall give notice in such public paper, of their intention of intention to contracting with any person for building, rebuilding, finishing, repairing, or enlarging such gaol. s. 2. contract. most reasonable rate. And such contract shall be made at the most reasonable Contract to be rates, and with the most responsible persons; and every con- made at the tractor shall give security for the performance of his contract to the clerk of the peace; and all contracts when made, and all orders relating thereto, shall be entered in a book to be kept by the clerk of the peace, which may be inspected by any of the justices or persons contributing to the county rates without Ice. 8. 2. be interested in But no justice who shall, under this act, do any matter in No justice to the execution thereof, shall be capable of having any beneficial contracts. interest, either in his own name, or the name of any other, in any contract, or for any design or plan receive any benefit. .. 10. And the said justices (after presentment made) may pur. Justices may chase any houses, lands, or hereditaments, for building, enlarg- purchase lands ing, and accommodating such gaols; to be conveyed to such person as they think fit in trust. s. 5. And it shall be lawful for the king, for all bodies politic and corporate, and also for all guardians, committees, husbands, trustees, and attornics of any persons being infants, lunatics, Such persons refusing to tices may as idiots, under coverture, or any other disability, and also for all other persons, to contract for, and to sell, convey, and assure such houses, lands, and hereditaments, unto such persons as aforesaid. s. 12. And where such hereditaments are limited in strict settlement, if the purchase money shall exceed 1007. it shall be laid out in 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 out in government securities, in the names of two persons, one 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. And if any persons interested in such houses, &c. upon no. treat, the justice in writing to them given, or left at their usual abode, shall, for twenty-one days, after such notice, neglect, or refuse to certain the va- treat, or to accept such price as shall be offered by the justices lue by a jury. or their agent, or 'shall otherwise not agree for the sale, or if by absence or incapacity, they shall be prevented from 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 a jury, and to that end shall summon before such jury, and examine upon oath any 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 such jury shall have ascertained the value, the justices shall order the sum to be paid as before directed, which verdict and order shall be filed of record by the clerk of the peace, and shall be final and conclusive against all parties whomsoever. How sich jury is to be sum moned, and inquiries made. s. 14. Such justices, or two of them, may issue their warrants to the sheriff or bailiff of any particular county, or precinct, within the limits of which the houses, &c. shall be situated, requiring 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 retura such persons, and out of the persons returned, or out of such as shall appear, the justices shall draw by ballot, and swear, twelve men, who shall be the jury, and in default of a suffici ent number, the sheriff or bailiff shall take such other men of the by-standers, or that can speedily be procured to attend that service, to make up twelve; and the justices may impose 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 peglect his duty, and also on any person who, being summoned and required to give evidence before the jury, shall refuse or neglect to appear, or appearing, shall refuse to be sworn of to give evidence, so that no such fine be more than 10%. nor less than 20s. on one person. s. 15. And in case any jury shall give in a verdict for more money, Costs of the than what shall have been offered by the justices, the costs of jury. summoning and maintaining the jury and witnesses shall be paid out of the same fund as the expences of the buildings; but if such jury shall give in a verdict for no more, or for less money, than the money offered by such justices, then the costs shall be paid by the person with whom such coutroversy shall arise. s. 16. money, justices may take pos Upon payment of the money, or (upon refusal or inability Upon payment to receive the same) leaving the same in the hands of such perof purchase son as the justices in quarter sessions shall appoint, for the use of the party entitled thereto; or in case of the said party not session of being to be found, then, upon notice to be published in some lands. 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 tenc ments. s. 17. The expences are to be de And in order to defray the expences of building, rebuilding, finishing, repairing, or enlarging gaols, and the appurtenances, frayed out of and of purchasing hereditaments and premises, and other ex- the county pences necessary for the execution of this act; It is enacted rates. that in all such cases, where such gaols are to be repaired at the expence 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 exceed one half the ordinary annual as- pences exceed sessment for the county rate, for the last five years, then the justices in quarter sessions may borrow on mortgage (1) of the rates, any (I) By instruments in the following form. s. 9. WE A B one of his majesty's justices of the peace, and chairman of the court of sessions of the peace for the county, &c. of (as the case shall be) holden, at · the day of one half of the usual county gage. rate, the mo- sums not less than 50%. nor exceeding 100%. each, at legal or lower ney to be rais- interest, as to the major part (not less than five (shall appear ed by mortnecessary; and the said justices are to treat with any person for the loan of any money, and by their order to confirm such agree. ment; and such agreement established by such order,and signed by the chairman, and two justices present, shall be effectual for secur ing of money advanced with interest for the same, and copies of all such agreements or securities shall be kept with the clerk of the peace, and every person to whom such security shall be made, 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, and such assignee may in like manner transfer the same again, and so toties quoties; and the persons to whom such securities or such assignment thereof shall be made shall be creditors upon the rates in an equal degree, and shall not have any priority. s. 9. Manner of dis rities. And the said justices are not only to charge the rates with charging secu- the interest, but also with the payment of a farther sum 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 extend to discharge in each year until the whore, and the interest thercof, shall be fully paid; and the justices are to fix one or more days in each year, on which such payment shall be made, and shall make orders for assessrents in due time, so as to provide for the regular payment thereof; and they are to appoint a person to keep an account of all the receipts and payments in a book separate from all other accounts, and the same to adjust in such manner that it may easily be seen what interest is growing due, and what prin cipal money has been discharged, and what remains due; and the said books so settled, to deliver into court at every general or quarter sessions; and the said justices are, at such sessions, carefully to inspect all such accounts, and make orders for carrying this act into execution; and if it appear to the justices -- the said county, &c. (as the case shall be), under the description of comy rates, by the laws now in being, with the payment of the sum of which G H of hath proposed to lenu, and hath now actually advanced and paid toward defraying the expences of building, repairing, &c. (as the case shall be) the gaol for the said county, &c. And we do hereby confirm andestablish the same unto the said G H, his crecutors, administrators, and assigns, for securing the repayment of the said sum of and interest for the same, after the rate of per centum per annum ; and do orcer the treasurer for such county, &c. or other person (as the case shall be), to pay the interest of the said s of half yearly, as the same shall become due, until the principal shall be discharged, pursuant to the directions of the said act. that the person appointed has neglected the order, and has not duly applied the money in his hands to the purpose directed, such person shall forfeit double the amount of the money not applied; and the said justices assembled in session shall direct in what order such securities shall be discharged, by drawing lots or otherwise as they think fit, first discharging all securities which 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 time money to be discharged. the whole money borrowed under this act shall be fully paid within a time to be limited, not exceeding fourteen years from the time of borrowing the same. s. il. And in all counties divided into ridings and having several Howthe justices commissions for such ridings and no general or quarter sessions of counties divided into several for the county, it shall be lawful for the justices for such ridings ridings, and ha at the general quarter sessions, hoiden next after such pre-ving distinct sentment of the gaol,to appoint three justices for such riding, which sessions are to justices so appointed by each of such ridings,are, within one month act after such appointment (due notice theresf 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 gaol, and shall make their report to the general quarter sessions of such ridings, of the several plans, estimates, and contracts, made and catered into, and also a report of the money necessary to be raised on each riding, as their quota of the expence; which shall be raised on each riding as the county rates. s. 18. counity. And it shall be lawful for the justices to build any new gaol, New gaol may in any part of the county, &c. in case (in the presentment be built in any made of the inconvenience of such old gaol) it be expressly pre. Part of the sented, that the place wherein the old gaol is situate is improper, and that the said gaol ought to be removed to some other part of the county, &c. and in case three-fourths in number of the justices at two successive quarter sessions (notice having been given three times in some public newspaper, of the time of the holding thereof, and of the place to which such gaol is to be removed), shall approve of such removal, but not otherwise. s. 3. to inspect the The justices in their general quarter sessions, are to nominate Visitingju tices one or more justices, to visit and superintend the gaols, and to be pointed from time to time to make a report of the state thereof to state of the rea the general quarter sessions, which is authorized, upon such pair of gaols. report, to order any money, not exceeding 2001. in one year, to be laid out upon the repair of such gaols, as they shall deem requisite, notwithstanding such want of repair shall not have been presented by the grand jury as aforesaid; and if it shall happev |