William III, 1698-9: An Act to enable Justices of Peace to build and repair Goales in their respective Counties. [Chapter XIX. Rot. Parl. 11 Gul. III. p. 3. n. 10.]

Justices of Peace, upon Presentment, as herein mentioned to agree upon Sum of Money necessary for building Goal; and to charge the same.

Quarter Sessions to direct Precepts for levying the same.

Whereas for want of due Repaire severall Goals and Prisons within this Realme are become prejudiciall to the Health of the Prisoners and insufficient for the safe Custody of them Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That it shall and may be lawfull for the Justices of the Peace or the greater Number of them within the Limitts of their Commissions upon Presentment of the Grand Jury or Grand Juries at the Assize Great Sessions and Generall Goale Delivery held for the said County of the Insufficiency or Inconveniency of their Goal or Prison to conclude and agree upon such Summ or Summs of Money as upon Examination of able and sufficient Workmen shall be thought necessary for the building finishing or repairing a publick Goal or Goals belonging to the Shire or County whereof they are Justices of the Peace & by Warrant under their Hands and Seales or under the Hands and Seales of the greater Number of them by equall Proportion to distribute and charge the Summ or Summs of Money to be levied for the Uses aforesaid upon the severall Hundreds Laths Wapentakes Rape Ward or other Divisions of the said County And the Justices of the Peace are hereby authorized and impowered at the Generall Quarter Sessions held for the respective Division of the said County to direct their Warrants or Precepts to High Constables Petty Constables Bayliffs or other Officer or Officers as they in their Discretion shall thinke most convenient for levying and collecting the same

II. Persons neglecting, &c. to pay Assessments, or conveying away Goods, &c. Collectors may distrain; and if Assessment not paid within Four Days, Distress to be sold, &c.

Justices, under Hand and Seal, to appoint a Receiver; Receiver to give Security; Receiver or other Officer refusing to account, Justices may commit to Prison until Account; Receipt of Receiver a Discharge by Constables, &c. and Discharge by Justices, a Release of Receiver in all Courts, &c; Justices empowered to agree for building of Gaols.

And be it further enacted and declared That if any Person or Persons shall refuse or neglect to pay his or their Assessment by the Space of Four Daies after Demand thereof by the proper Officer appointed to collect the same or shall convey away his or their Goods or Estate whereby the Summ or Summs of Money soe assessed cannot be levyed then it shall and may be lawfull to and for the said Collectors by Warrants from any one of the Justices of the Peace present at the said Generall Quarter Sessions as aforesaid to levy the Summ soe assessed by Distresse and Sale of the Goods and Chattells of such Persons soe refuseing or neglecting to pay and the Goods and Chattells then and there found and the Distresse soe taken to keepe by the Space of Four Daies at the Costs and Charges of the Owner thereof And if the said Owner doe not pay the Summ or Summs of Money soe rated or assessed within the Space of the said Four Daies then the said Distresse to be appraised by Two or more of the Inhabitants where the same shall be taken or other sufficient Persons and to be sold by the Collector for Payment of the said Money and the Overplus of such Sale (if any be) over and above the Summ soe assessed and Charges of taking and keeping of the Distresse to be immediately returned to the Owner thereof And the said Justices of the Peace are hereby authorized and impowered under their Hands and Seales or under the Hands and Seales of the greater Number of them to constitute and appoint One or more sufficient Person or Persons to be Receiver of the Money soe assessed the said Receiver first giveing Security to be accountable when thereunto required for all Summs of Money received or disbursed by him in pursuance of such Order as he shall have received under the Hands and Seales of the Justices of the Peace or the greater Number of them And if the said Receiver or Receivers High Constable Petty Constable or other Officers shall by the Space of Four Daies after Demand refuse to account for all Summs of Money received by them in pursuance of this Act then it shall and may be lawfull for the Justices of the Peace or the greater Number of them to committ him or them to Prison there to remaine without Baile or Mainprize untill he or they shall have made a true Account satisfied or paid such Summ or Summs of Money as shall appeare to remaine in his or their Hands And the Receipt of such Receiver shall be a sufficient Discharge to all High Constables Petty Constables or other Officer or Officers paying their Proportion of such Assessments And the Discharge under the Hands and Seales of the Justices of the Peace or the greater Number of them at the Assize Great Sessions and generall Goale Delivery to such their Receivers shall be deemed and allowed as a good and sufficient Release Acquittance or Discharge in any Court of Law or Equity to all Intents and Purposes whatever And the said Justices of the Peace are hereby authorized and impowered to convenant contract and agree with any Person or Persons for the well and sufficient building finishing or repairing of the said Goal or Goals

III. Sheriff to have the keeping of such Gaols.

And be it further enacted by the Authority aforesaid That all Murderers and Felons shall be imprisoned in the said Common Goale and not elsewhere and that the Sheriffe shall have the keeping of the said Goals

IV. Proviso for Common Gaols of Inheritance, &c.

Provided alwaies That this Act be not in any wise hurtfull or prejudiciall to any Person or Persons haveing any Common Goal by Inheritance for Terme of Life or for Yeares but that they shall have and enjoy the said Goals and the Profitts Fees and Commodities of the same as they had or might lawfully have had before makeing this Act and as if this Act never had been made

V. Proviso for Inhabitants of Places which have Common Gaols, as herein mentioned.

Provided That this Act shall not extend to charge any Person inhabiting in any Liberty City Towne or Borough-Corporate which have Common Goals for Felons taken in the same and Commissions of Assize or Goal Delivery of such Felons for any Assessment to the makeing the Common Goal or Goals of the respective Shire or County

VI. In Action brought for executing Act,

General Issue may be pleaded; Treble Costs.

And be it further enacted by the Authority aforesaid That if any Action Plaint Suit or Information shall be commenced or prosecuted against any Person or Persons for what he or they shall doe in pursuance or in Execution of this Act such Person or Persons soe sued in any Court whatever shall and may plead the Generall Issue (Not Guilty) and upon any Issue joyned may give this Act and the Speciall Matter in Evidence And if the Plaintiffe or Prosecutor shall become Nonsuit or forbeare further Prosecution or suffer a Discontinuance or if a Verdict passe against him the Defendants shall recover their Treble Costs for which they shall have the like Remedy as in any Case when Costs by the Law are given to Defendants

VII. No Alienation of Lands belonging to the Crown upon which Gaols are situate.

And be it further enacted That where any Prisons or Goals (belonging to any County of this Realme or the Dominions of Wales are scituate upon any Lands or Hereditaments of or belonging to the Kings Majesty) in Right of the Crowne that the said Lands and Hereditaments with their and every of their Appurtenances shall not at any Time be alienated from the Crowne but remaine and be for the Publick Service and Benefitt of the County

VIII. Distress not to be made in Mansions of Peers.

( (fn. 1) ) Provided alwaies and it is hereby enacted That it shall not be lawfull for any Collector or other Officer to enter into the Mansion House of any Peer or Peeresse of this Realme to distraine for the Duties aforesaid

IX. Continuance of Act.

Provided That this Act shall continue and be in Force for the Space of Tenn Yeares and from thence to the End of the next Session of Parliament and no longer.