William and Mary, 1692: An Act for delivering Declaracions to Prisoners. [Chapter. XXI. Rot. Parl. pt. 5. nu. 3.]

Recital of Inconvenience of the present Course of Practice.

Prisoner in Custody charged and detained for want of Sureties for Appearance.; Within what Time Plaintiff may declare.; Prisoner not appearing to Declaration, Judgment.

Whereas by the course of Practise in the respective Courts of Record att Westminster after the Plaintiff o^r Plaintiffs in any Writt issued out of any of the said Courts have been att great charge to arrest the Defendant or Defendants upon such Writ and the Defendant or Defendants for want of sufficient bail are often co[m]mitted to goal and unlesse the Plaintiffe or Plaintiffs shall before the end of Two Terms next after such arrest cause such Defendant or Defendants by Writt of Habeas Corpus to be removed to be charged in the said respective Courts with Declarac[i]ons of the cause of such action or actions such prisoner or prisoners are upon a co[m]mon Bail or appearance by Attorney discharged from their Imprisonment to the great prejudice of the Plaintiffs. For remedy whereof be it enacted by the King and Queens most Excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the authority of the same That if now or att any time after the Five and twentieth day of March One thousand six hundred ninety and three any Defendant or Defendants be taken or charged in custody att the suit of any person or persons upon any Writ or Writs out of any of the said Courts att Westminster and imprisoned or detained in prison for want of sureties for their appearance to the same the Plaintiff or Plaintiffs in such Writ or Writs shall and may by virtue of this Act before the end of the next Terme after such Writ or Processe shall be returnable declare against such prisoner or prisoners in the respective Court or Courts out of which the Writ or Writs shall issue whereupon the said prisoner or prisoners shall be taken and imprisoned or charged in custody and shall or may cause a true copy thereof to be delivered to such prisoner or prisoners or to the Goaler or Keeper of the prison, or Goaler in whose custody such prisoner shall be and remain; to which Declarac[i]on or Declarac[i]ons the said prisoner or prisoners shall appeare and plead And if such prisoner or prisoners shall not appeare and plead to the same the Plaintiff or Plaintiffs in such cases shall have Judgment [in such manner (fn. 1) ] as if the prisoner or prisoners had appeared in the said respective Courts and refused to answer or plead to such Declaration.

II. In the King's Bench, Declaration to allege in Custody of what Sheriff, &c.

[And be it further enacted by the authority aforesaid That in all Declarac[i]ons against any prisoner or prisoners detained in prison by virtue of any Writt or Processe issued or to be issued out of the Court of Kings Bench it shall be alledged in custody of what Sheriff Bailiff or Steward of any Franchise or other person having the returne and execution of Writts such prisoner or prisoners shall be att the time of such declaration by virtue of the Processe of the said Court att suit of the Plaintiffs which allegation shall be as good and effectuall to all intents and purposes as if such prisoner or prisoners were in the custody of the Marshal of the Marshalsea of our Sovereigne Lord and Lady the King and Queen. (fn. 2) ]