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15. Fees to after the passing of this act, no clerk of assize, clerk of the peace, clerk
gaolers, &c. of the court, or their deputies, shall ask, demand, take, or receive any 55 Geo. 3, c. 50.
sum or sums of money, from any of the said prisoners as fees, for or in
respect of his, her, or their discharge.” County treasurers Sect. 6. “ In lieu and satisfaction of such lawful fees so abolished as to pay allowances aforesaid, the treasurers, or other proper officers, of the several countia for places not usually assessed in England, or of such districts, hundreds, ridings, or divisions of a to county at large.
county as are not usually assessed to the county at large, and of such cities, towns corporate, cinque ports, liberties, franchises, and places, as do not pay to the rates of the several counties in which they are respectively situated, shall, on receiving a certificate signed by one or more judge or justice of the peace, before whom such prisoner shall have been discharged as aforesaid (which certificate the judge or justice is hereby required to give), pay out of the rates of such county, or of such district, hundred, riding, or division, or out of the public stock of such city, town corporate, cinque port, liberty, franchise, or place, such larful sum as has been usually paid upon that occasion, for every prisoner discharged as aforesaid, to such clerk of assize, clerk of the peace, or clerk of the court, or their respective deputies; which several sums 30 paid in pursuance of this act shall be respectively allowed to the said treasurer and officers by the justices before whom their accounts shal
be passed." Indemnification Sect. 7. “Each and every clerk of the peace, or his or their deputy or for fees to clerks
deputies, and all and every officer who shall claim any fees or indemniof peace.
fication for the same, by virtue of any of the provisions herein before contained, for and in respect of any such prisoners, shall deliver at each and every session of the peace, or at some adjournment thereof, an & count of all fees so due to him, or for which he shall claim any inden. nification; which account shall be verified upon oath in court, before
the chairman of such sessions." Clerks of assize to Sect. 8. “The clerks of assize shall, at each and every assize to be deliver account
holden, deliver in to the judge of the assize who shall sit for the trial of of fees.
such prisoners, an account of such fees as shall be due to him for and in respect of such prisoners; which account shall be verified upon oath bea
fore such judge to whom such account shall be delivered.” Officers exacting
Sect. 9. “From and after the passing of this act, any clerk of assize, clerk of the peace, clerk of the court, or their deputies, or other officers, exacting such fees, shall be rendered incapable of holding his or their
offices, and be guilty of a misdemeanor.” Misdemeanor. Sect. 10, “And whereas it hath been customary in some places for the
sheriff or under-sheriff to demand for the liberate granted to any debtor Liberates to on his discharge, a fee or gratuity,” enacts, “ That such liberate shall debtors granted
be granted to such debtor free of all expenses ; and that it shall be in free of expense: compensation
the power of the justices of the peace for each county, city, or town,
assembled in quarter session, subject however to the approbation of the for same.
judges of assize, to make such compensation to the sheriff or undersheriff, out of the county, city, or town rate, as shall to them seem fit (a)."
Sect. 11, “And whereas there are several cities, towns corporate, and places within this kingdom, which do not contribute to the payment of any county rate, and have no town rate, or public stock; and doub may arise whether such cities, towns corporate, and places, can be le
gally rated and assessed towards the payment of the salaries, allowances, How allowances and compensations in lieu of such fees and gratuities;" enacts, “ That in katsed for places all such cases the salaries, allowances, and compensations, in lieu o which do not con
(a) It was held in R. v. Justices of judges of the Courts of King's Bench Middlesex (3 B. & Adol, 100), that the and Common Pleas being judges of as justices of Middlesex bave jurisdiction size for that county; and a mandar under this section to award compensa. was directed to them to award su tion to the sheriff of Middlesex; the compensation,
nd r atuities hereinbefore directed to be made, shall be raised, levied, llected, and paid, within such cities, towns corporate, and places, by a parate rate and assessment to be made by the church wardens and Fers eers of the poor of the several parishes and precincts within such ties towns corporate, and places, and by such and the like ways, ethods, and means, as the rates for the relief of the poor are, can, or ay be raised, levied, and collected, in such cities, towns corporate, and
Sect. 12, “And whereas it may happen that the sums of money to be raised in the said cities, towns corporate, and places, or some or one of there, to answer and pay such salaries, allowances, and compensations here before directed to be made in lieu of fees and gratuities by this act abolished, may be so small, that it may not be convenient to make an equal separate rate and assessment for the same, upon the said parishes and precincts within such cities, towns corporate, and places," enacts, - That in such last-mentioned case, and when and as often as the Allowances in same shall happen, the salaries, allowances, and compensations shall certain places paid
out of poor's and may, by order of the said judge or judges, or justices in sessions as- rates. sembled as aforesaid, be paid out of the monies from time to time raised for the relief of the poor in the said several cities, towns corporate, and places; and the treasurers or persons from time to time having the management of the said monies raised for the relief of the poor in the same cities, towns corporate, and places respectively, are hereby authorized and required to pay the said sums of money so ordered to be paid by the said judge or judges, or justices, of the said last-mentioned monies, when and as often as the same shall be so ordered : Provided always, Proviso. that the order for such allowances as may be made by the justices of the peace assembled in general or quarter sessions, be approved by the judge or judges of assize on the first circuit ensuing after such warrant shall have been made out by the justices of peace assembled in general or quarter sessions for any county, city, or town, and that such order shall not be deemed or taken as a legal order without such warrant from the judge or judges of assize: Provided always, that should there be more Proviso. parishes than one in the same district, the payments are to be made and levied in such rates and proportions as the respective parishes pay to the poor rate."
Seet. 13. “Any gaoler, who shall, from and after the first day of Oc- Gaolers exacting tober next, exact from any prisoner any fee or gratuity for or on account any fee, &c. from
prisoners. of the entrance, commitment, or discharge of such prisoner, or who shall detain any prisoner in custody for non-payment of any fee or gratuity, shall be rendered incapable of holding his office, be guilty of a misde- Misderneanor. meanor, and be punished by fine and imprisonment.” (See further, <Extortion," Vol. II.)
Sect. 14. “Nothing in this act contained shall be construed to extend Not to extend to to the King's Bench prison, his Majesty's prison of the Fleet, the Mar- King's Bench, &c. shalsea, and Palace Courts."
16. Reports writing of what they severally claim to be due to them for such aboas to the state lished fees; which account shall be verified upon the oath of the party of the gaol, claiming the same, in like manner as is provided by the said act in redc.
spect to the clerks of assize and clerks of the peace.”
Sect. 2. “The amount of every such account, after being verified 56 Geo. 3, c. 116. to be paid in same
aforesaid, shall be paid in the same manner as is provided in and by the manner as is pro said act, in respect to the clerks of assize and clerks of the peace." vided by reciied
Sect. 3, “And whereas doubts have arisen, whether the said act extends to prisoners confined in gaols and prisons under civil process fa debt only, and whether prisoners confined in the gaols and prisons of liberties and franchises under civil process for debt, and the gaolers and keepers of such gaols and prisons, are within the meaning and purview
of the said recited act; and whereas it is expedient that such doubta Recited act to should be removed ;" enacts, “That the said recited act, and the proextend to prison.
visions therein contained, shall be deemed and construed to extend ers for debt.
and shall extend to all prisoners, as well civil as criminal, whether confined for debt or crime in any of the prisons in England, except as to the said prisons in the said act excepted; and that the gaolers and keepers of all such gaols and prisons, except as aforesaid, and their servants, as well within liberties as without, shall have compensation for their fees or gratuities abolished by the said recited act or this act, as in the
said recited act is mentioned.” Allowances to Sect. 4. “ The allowances made to the bodar or keeper of the pris gaoler of Dovor
of Dovor Castle, in lieu of fees and gratuities paid or payable by any priCastle prison, &c. how to be paid. soner on his or her entrance, commitment, or discharge to or from sech
prison, and also the compensation to the registrar of the cinque ports and clerk of Dovor Castle, for the liberati granted to any debtor, or bis
or her discharge, shall be paid out of the funds raised by virtue of an act 54 Geo. 3, c. xcvii. of Parliament, passed in the fifty-fourth year of the reign of his present
Majesty, intituled 'An Act for the relief of poor debtors and others comfined within the gaol of Dovor Castle:' Provided always, that such alloance and compensation shall be verified, allowed, and paid in the same manner as the relief to such poor debtors, and payment for the same is
directed to be allowed, verified, and paid by the said recited act." Right of clerk of The clerk of sessions of gaol delivery of Newgate is not entitled to any sessions to fees at Newgate,
fee in respect of convicts sentenced to imprisonment with hard labour. (Rex v. Baker, 2 Nev.& Per. 375; 7 A. & EU. 502; S.C.) He is entitled to the fee usually paid at the time of passing the 5 Geo. IV. c. 84, in 1 spect of convicts sentenced to transportation. (Id. 375).
The clerk of sessions of Newgate, who continued in office up to 1780, received the sum of 6s. 2d. for every felon ordered to be transported; his successor in office received the same fee till the year 1805. From that year till the year 1829, when his successor was appointed, he ? ceived no such fee. Held, that the non-payment of the fees during the period, unexplained in any manner, did not preclude the clerk of the sessions from making a claim for the fee usually paid under the 5 Geo. IV. c. 84, s. 4, and the court granted a mandamus in order to ascertain whether any fee was usually payable at the time of the passing of that act.
XVI. Reports as to the State of the Gaol, &r. Stat. 4 Geo. IV. c. 64, s. 14, enacts, “That the gaoler and keeper of every gaol and house of correction, maintained at the expense of any counts or of any such riding or division of a county as aforesaid, in England an Wales, or maintained by any district, city, town, or place specifier the schedule to this act annexed, marked (A), [see now the 2 & 3 c. 56, s. 1, ante, 338, extending this to all gaols, shall make a report, i writing, of the actual state and condition of every such gaol and house of correction, and of the number and description of prisoners confi
nerei , to the justices, at the several general or quarter sessions to be 16. Reports
next after the commencement of this act, and at every ensuing as to the state eneral or quarter sessions in every such county, riding, division, dis- of the gaol.
city, town, or place; and shall at every such general or quarter &c.
as attend and give answer upon oath to all such inquiries as shall made by the justices at such sessions, with respect to the state and
4 Geo. 4, c. 64. ondi Sion of every such gaol and house of correction, and of the priEners confined therein, and with respect to any other matters and things elating to the said gaol and house of correction, respecting which such ustices shall deem it necessary to make any inquiry for the purpose of proceeding and continuing to carry this act into execution, and of ascerta ning how far every such gaol and house of correction is capable of affording the means of the classification required by this act."
Sect. 19. "The keeper of every gaol and house of correction, to which Returns to be this act shall extend, shall, previously to the first day of every assizes, keepers of prison
made at assizes by great sessions, or sessions of gaol delivery, make out a true and just of the persons return in writing of all persons in his custody who have been sentenced labour.
sentenced to hard to hard labour by the court at any previous assizes, great sessions, or sessions of gaol delivery, specifying in such return the manner in which such sentences have been carried into execution, the particular species of labour in which such prisoners have been employed, and the average number of hours in a day for which such persons so sentenced have been kept to work; which return shall be signed by such keeper, and also by one at least of the visiting justices, who shall add thereto such observatioms as the case and circumstances may appear to him to require; and Filed as of record. such return shall be delivered to the justice of assize and gaol delivery, and of great sessions, and shall be kept and filed by the proper officer amongst the records of the court."
Sect. 20. “The keeper of every prison within England and Wales, List of prisoners having the custody of prisoners charged with felony, shall, on the second tried for felony to day next after the termination of every session of the peace, session of secretary of state oyer and terminer, or session of gaol delivery, great session, or other
by the keeper of
every prison, session held for the trial of prisoners being in such prison, whether such session shall be held under any commission, or by virtue of any charter or prescription, transmit by the post of that day to one of his Majesty's principal secretaries of state, a calendar containing the names, the crimes, and the sentences of every prisoner tried at such session, and distinguishing, with respect to all prisoners capitally convicted, such of them as may have been reprieved by the court, and stating the day on which execution is to be done upon those who have not been reprieved; and that whenever the court shall adjourn for any longer time than one Week, the day upon which the adjournment shall be made shall be deemed the termination of the session within the meaning of this act; and every keeper of any such prison, who shall neglect or refuse to transmit such calendar, or shall wilfully transmit a calendar containing any false or imperfect statement, shall for every such offence, forfeit the sum of 207."
Sect. 21, “And for the better ensuring the strict observance of the Keeper to deliver rules and regulations to be made for the government of the prisons to quarter sessions
a certificate how to which this act shall extend,” enacts, “That at each quarter ses- far rules have sions of the peace, the keeper of every prison within the jurisdiction been observ of the court holding such session shall and is hereby required to deliver, or cause to be delivered, to such court, a certificate, signed by Aimself; which certificate shall contain a declaration how far the rules
id down for the government of his prison have been complied with, Vad shall point out any and every deviation therefrom, which may have Saken place; and if any keeper of a prison shall neglect to deliver, or
ause to be delivered, such certificate as aforesaid, he shall forfeit for every such offence the sum of 101.”
Seet. 22. “One week before the Michaelmas session in every year, the Keeper to make keeper of every prison to which this act shall extend shall make up a return to clerk of