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the current Coin.

High Treafon.

Death.

Puncheon, Dye, &c. found in the Poffeffion of any Perfon not employed in the Mints, may be feized and produced in Evidence.

Counterfeit Money, &c. produced to be cut in Pieces.

Blanched Copper.

Mixture of
Metals.
Counterfeit

'milied Money,
&c.

Day of May, fhall colour, gild or cafe over with Gold or Silver, or with any Wash or Materials producing the Colour of Gold or Silver, any Coin, refembling any the current Coin of this Kingdom, or any round Blanks of base Metal, or of coarse Gold or coarfe Silver of a fit Size and Figure to be coined into counterfeit milled Money refembling any the Gold or Silver Coin of this Kingdom, or if any Perfon or Perfons fhall gild over any Silver Blanks of a fit Size and Figure to be coined into Pieces refembling the current Gold Coin of this Kingdom, all and every fuch Perfon and Perfons so offending, their Counsellors, Procurers, Aiders and Abettors, fhall be, and is and are hereby adjudged to be guilty of High Treafon, and being convicted or attainted thereof, according to the Order and Course of the Laws of this Realm, fhall suffer Death as in cafe of High Treason.

V. And be it further enacted by the Authority aforesaid, That if any Puncheon, Dye, Stamp, Edger, cutting Engine, Prefs, Flask or other Tool, Inftrument or Engine, ufed or defigned for coining or counterfeiting Gold or Silver Monies, or any Part of fuch Tool or Engine, fhall, at any Time after the faid fifteenth Day of May, be hid or concealed in any Place, or found in the Houfe, Cuftody or Poffeffion of any Perfon or Perfons what foever, not then employed in the coining of Money in fome of His Majefty's Mints, nor having the fame by fome lawful Authority, that then it fhall and may be lawful to and for any Perfon or Perfons whatsoever, difcovering the fame, to feize, and he and they are hereby required to feize the fame, and to carry them forthwith to fome Juftice of Peace of the County, City or Place where the fame fhall be fo feized, and by him fecured, to be produced in Evidence against any Perfon or Perfons who fhall or may be profecuted for any fuch Offence, in fome Court of Justice proper for the Determination thereof, and after fuch Time as they or any of them fhall have been produced in Evidence, as well the fame fo produced, as the other fo seized, and not made ufe of in Evidence, and every of them, fhall forthwith, by Order of that Court where fuch Offender or Offenders fhall be tried, or by Order, and in the Prefence of fuch or fome other Juftice of the Peace, in cafe there be no such Trial, be totally defaced and deftroyed; and if, after the faid fifteenth Day of May, any counterfeit or unlawfully diminished Money fhall be produced in any Court of Juftice, either in Evidence against any Perfon or Perfons for any Offence relating to the counterfeiting or unlawfully diminishing of Money or otherwife, that then, or immediately after Evidence given, the Judge or Judges of fuch Court fhall caufe fuch Monies to be cut in Pieces in open Court, or in the Prefence of fome Juftice of the Peace, and then to be delivered to or for fuch Perfon or Perfons to whom the fame of Right fhall appertain.

VI. And whereas feveral Mixtures of Metals have been invented in Imitation of Gold and Silver, and blanched Copper is principally made ufe of in Imitation of Silver, and seldom, if ever, for any honeft or good Purpose ;' Be it further enacted by the Authority aforefaid, That if any Perfon or Perfons whatfoever, after the faid fifteenth Day of May, shall blanch Copper for Sale, or mix blanched Copper with Silver, or knowingly buy or fell, or offer to Sale, blanched Copper alone or mixed with

Silver,

Silver, or fhall knowingly and fraudulently buy or fell or offer
to Sale any malleable Compofition or Mixture of Metals or Mine-
rals, which fhall be heavier than Silver, and look, and touch, and
wear like Standard Gold, but be manifeftly worse than Standard,
or fhall take, receive, pay or put off, any counterfeit milled
Money, or any milled Money whatfoever unlawfully diminished,
and not cut in Pieces, at or for a lower Rate or Value than the
fame by its Denomination doth or fhall import, or was coined
or counterfeited for, that then all and every such Perfon and Per-
fons fhall be deemed and adjudged guilty of Felony, and being Felony.
thereof convicted or attainted, according to the Order and Courfe

of the Laws of this Realm, fhall fuffer Death as in Cafe of Death.
Felony.

&c.

VIÍ. Provided always, and be it enacted by the Authority Attainder by aforefaid, That this Act, or any Thing therein contained, or any this Act not to Attainder or Attainders of any Perfon or Perfons for any Offence make Corrup tion of Blood, or Offences made Treafon or Felony by this Act, fhall not in any wife extend or be judged, interpreted or expounded, to make any Corruption of Blood to any the Heir or Heirs of any fuch Offender or Offenders, or to make the Wife of any fuch Offender to lofe or forfeit her Dower of or in any Lands, Tenements or Hereditaments, or her Title, Action or Intereft to the fame; and that all and every Perfon or Perfons that shall at any Time By what Eviafter the said fifteenth Day of May be accufed or impeached of dence Offenders any the Offences made Treafon or Felony by this Act, shall or may be conmay be indicted, arraigned, tried, convicted or attainted, by such like Evidence, and in fuch Manner and Form, as now are, or may by the Laws of this Realm be had or ufed against any Offender or Offenders for counterfeiting the King's Money; any Thing in this A&t contained, or any other Law or Statute to the contrary notwithstanding.

victed.

VIII. And for the rendring more effectual an Act made in the sixth and seventh Years of His Majefty's Reign, intituled, An 6 & 7 W. 3. Aa to prevent counterfeiting and clipping the Coin of this Kingdom; c.17. Be it enacted by the Authority aforefaid, That all and every the Crimes and Offences, fpecified and mentioned in the faid Act, may be heard and determined upon Indictment or Prefentment either in His Majefty's Court of King's Bench, or before the Juftices of Oyer and Terminer, or Juftices of Affize, or general Gaol Delivery.

IX. Provided always, and be it enacted, That this A&t fhall Profecution to continue and be in Force until the End of the next Seffion of Par- be in three Months. liament, and no longer; and that no Profecution shall be made for any Offence against this A&t, unless fuch Profecution be com menced within three Months after fuch Offence committed.

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[This A& made perpetual, 7 Ann. c. 25. § 1. and by Sedlion 2. the Makers or Menders of Tools may be profecuted at any Time within fix Months after the Offence committed.]

САР.

Prifoners in the
King's Bench or
Fleet going at
Large without
Hab. Cor.
deemed an
Escape.

Upon Judgment in Action of

or Warden's Fees to be fequestered for Satisfaction.

CA P. XXVII.

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An Act for the more effectual Relief of Creditors in Cafes
of Escapes, and for preventing Abufes in Prisons and pre-
tended privileged Places.

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WHEE

THEREAS by reafon of the many grievous Extortions and ill Practices of fuch Perfons who have for feveral Years palt refpectively executed the Offices of Marfhal of the King's Bench, Warden of the Fleet, and Keeper of the Marfhalfea, Newgate, and other Prifons, and by feveral pretended privileged Places within this Realm, both Creditors and Debtors have been notoriously abufed, and the good Intents of the Law wholly eluded:' For Reformation thereof be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the firft Day of May One thoufand fix hundred ninety feven, all Prifoners, either upon Contempt or Mefne Procefs, or in Execution, who are or shall be committed to the Cuftody of the Marthal of the King's Bench Prifon, or Warden of the Fleet, fhall be actually detained within the faid Prifons of King's Bench and Fleet, or the refpective Rules of the fame, until they fhall be from thence difcharged by due Courfe of Law; and if at any Time from and after the faid first Day of May, the faid Marshal or Warden, or any other Keeper or Keepers of any Prifon, fhall permit and suffer any Prifoner committed to their Cuftody, either on Mefne Process or in Execution, to go or be at large out of the Rules of their respective Prifons (except by virtue of fome Writ of Habeas Corpus, or Rule of Court, which Rule of Court fhall not be granted but by Motion made or Petition read in open Court) every fuch going or being out of the faid Rules fhall be adjudged and deemed, and is hereby declared to be an Escape.

II. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day of May, every Perfon or Perfons Escape, Maral obtaining Judgment in any Action of Efcape against the faid Marfhal or Warden, or their respective lawful Deputy or Deputies, fhall and may have, not only the feveral Remedies already by Law allowed for obtaining Satisfaction thereon, but the Judges of the refpective Courts where fuch Judgment fhall be obtained (upon Oath before them made by the Perfon or Perfons obtaining fuch Judgment, that the fame was obtained without Fraud or Covin, and that the Debt of the Prisoner making such Escape was a true and real Debt and unfatisfied) fhall, upon Motion made to them in open Court for that Purpose, fequefter the Fees and Profits of the Office of Marfhal or Warden, or fo much, or fuch Part or Proportion thereof, as the faid Court wherein fuch Motion fhall be made fhall think fit and reasonable, with refpect to the Debt or Debts due from fuch Prifoner or Prifoners fo escaping, and in the first Place apply the fame towards Satisfaction of the Debt or Debts due from the Prifoner or Prifoners who efcaped, together with all Cofts and Damages recovered in fuch Action of Efcape,

III. And

III. And to the end that fuch Satisfaction may not be de- Marthal, &c. ferred by any Writ of Error brought for Delay only, Be it enacted, tuing Writ of That if the faid Marshal or Warden, or their refpe&ive Deputy Error to put in or Deputies, fhall at any Time after the faid firft Day of May Special Bail fue forth any Writ or Writs of Error to reverfe any Judgment given in any Action of Escape, fuch Marshal or Warden, or their refpective Deputy or Deputies, fhall be obliged to put in fpecial Bail, or in Default thereof no Execution fhall be stayed, nor any Sequeftration of the Profits delayed.

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IV. And whereas it is notorious that divers great Sums of Money and other Rewards have been given to, and actually received by, the feveral Perfons executing the refpective Offices of Marshal and Warden, and other Keepers of the feveral Pri⚫ fons within this Kingdom, to affift or permit Prisoners in their • Cuftody to efcape, in open Defiance and Contempt of the Laws

of this Realm: For preventing the like evil Practice for the Time to come, Be it further enacted, That if any Marfhal or War Marshal, &c. den, or their respective Deputy or Deputies, or any Keeper of conniving at any other Prifon within this Kingdom, fhall take any Sum of Prisoner's Money, Reward or Gratuity whatfoever, or Security for the fame, Escape. to procure, affift, connive at or permit any fuch Efcape, and shall be thereof lawfully convicted, the faid Marshal or Warden, or their respective Deputy or Deputies, or fuch other Keeper of any Prifons as aforefaid, fhall for every fuch Offence forfeit the Sum of five hundred Pounds, and his faid Office, and be for ever after incapable of executing any fuch Office.

Penalty.

Provifo for Se. curities given

V. Provided always, That this Act, nor any Thing therein contained, fhall extend, or be conftrued to extend to make void fuch Securities, or any of them, as fhall at any Time or Times for Lodging hereafter be given by any Prifoner or Prifoners for his or their within the Lodging or Lodgings without the aforefaid Prifons, or either of Rules. them, within the Rules of the faid Prisons of King's Bench and Fleet, or either of them, fo as fuch Security or Securities be not taken for the Enlargement of any Prifoner or Prisoners out of or beyond the Rules of the faid Prifons of King's Bench and Fleet, or either of them refpectively.

no fpecial Plea

VI. And be it further enacted by the Authority aforefaid, Where retaking That from and after the faid firft Day of May, no retaking on on freth Puriuit fresh Pursuit shall be given in Evidence on the Trial of any Iffue to be given in in any Action of Efcape against the faid Marfhal or Warden, or Evidence. their respective Deputy or Deputies, or against any other Keeper In what Cafe or Keepers of any other Prifon or Prifons as aforefaid, unless the allowed. fame be specially pleaded, nor fhall any fpecial Plea be taken, received or allowed, unless Oath be first made in Writing by the Marshal or Warden, or their refpective Deputy or Deputies, or by fuch other Keeper or Keepers of any other Prifon or Prifons as aforefaid, against whom fuch Action fhall be brought, and filed in the proper Office of the refpective Courts, that the Prifoner for whose Escape fuch Action is brought did without his Confent, Privity or Knowledge make fuch Efcape; and if fuch Affidavit fhall at any Time afterwards appear to be falfe, and the Marshal or Warden, or other Keeper or Keepers of any other Prison or Prifons, fhall be convicted thereof by due Courfe of Law, fuch

8

Marshal

Copy of Decla ration delivered

to Prifoner, &c.

XIII. And for the more eafy and quick obtaining of Judgment against any Perfon or Perfons who now is or hereafter shall be a Prifoner or Prisoners in the aforefaid Prison of the Fleet; Be it further enacted by the Authority aforefaid, That from and after the faid firft Day of May, it shall and may be lawful to and for any Perfon or Perfons, who hath or fhall have any Cause of Action against any Prisoner or Prifoners, who now is, or are, or hereafter fhall be committed to the said Prison of the Fleet, after filing or entring of a Declaration in fuch Action with the proper Officer, to deliver a Copy of fuch Declaration or Declarations to any fuch Defendant or Defendants in any perfonal Action or Actions, or to the Turnkey or Porter of the faid Fleet Prifon, Eight Day Rule and, after Rule given thereupon to plead, to be out at eight Days at most after Delivery of fuch Copy of Declaration or DeAffidavit of Declarations, and Affidavit made of fuch Delivery before the Lord livery. Chief Justice, or one other of the Juftices of the Common Pleas, or before the Lord Chief Baron, or fome other of the Barons of the Coif of the Exchequer at Weminfler, of the Delivery of fuch Declaration or Declarations to the Defendant or Defendants in fuch Action or Actions, or to the Turnkey or Porter of the faid Fleet Prifon as aforefaid, to fign Judgment in fuch Action or Actions against fuch Defendant or Defendants, as if fuch Defendant or Defendants had been actually charged at the Bar of the Common Pleas or Exchequer with fuch Action or Actions; any Law, Statute, Ufage or Cuftom, to the contrary thereof in any wife notwithstanding.

to plead.

Judgment.

Payment of Chamber Rent zegulated.

Improper Demand

Penalty.

• XIV. And whereas great Sums of Money have been and are ftill taken of the Prisoners of the aforefaid Prisons of King's Bench and Fleet, and other Prifons, under Pretence of Chamber Rent, although the said Prifoners have not had the actual Pof feffion of any Chamber within the faid Prifons, or any of them :' For the avoiding of that Inconvenience for the future, Be it enacted, That from and after the faid firft Day of May, no Prifoner or Prifoners fhall pay, or be compelled to pay any Chamber Rent for any Chamber within either or any of the faid Prifons, for any longer Time than he or they is or are actually in Poffeffion of the faid Chamber or Chambers, and that during fuch Time as he or they is or are actually in Poffeffion of any fuch Chamber or Chambers within either or any of the faid Prifons as aforefaid, fuch Prifoner or Prifoners fhall not pay above the Sum of two Shillings and Six pence per Week for any fuch Chamber; and if the Marfhal of the King's Bench Prifon, Warden of the Fleet, or Keeper or Keepers of any other Prifon or Prifons as aforefaid, fhall take or demand any greater Sum or Sums of Money for the Ufe of fuch Chamber, than the Sum of two Shillings and Six pence per Week, he or they fo taking or demanding fhall in fuch Cafe, for every fuch Offence, forfeit the Sum of twenty

Pounds.

• XV. And for the preventing for the future the many notorious and fcandalous Practices ufed in many pretended privileged Places in and about the Cities of London and Weflminfter, and Borough of Southwark in the County of Surrey, by ob• ftructing the Execution of legal Procefs there, and thereby defrauding and cheating great Numbers of People of their honeft • and

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