|
222
STATUTES FOUND APPLICABLE,
by mainprize, bail, nor by baston, without making gree to the said parties
of that whereof they were
judged, unless it be by writ or other commandment of the king upon pain
to lose his office, and the
keeping of the said prison. And moreover, if any such warden
from henceforth be attainted by due
process, that he hath suffered or let such prisoner go at large against
this ordinance, then the plaintiffs
shall have their recovery against the same warden by writ of debt."
In the act providing some
rule for executions, passed in 1642, there was the following clause:
" And if the sheriff, after there is
a prison built, suffer such party in execution to go at liberty out of
the prison without consent of the
chiefest creditor, he shall be liable as in case of escape;" and in
the act for securing creditors, (1676,
Ch. 17,) the following: " When persons are taken in execution
for debt or on mesne process, the
sheriff shall keep them by such means, and in such manner as prisoners
in England, by the law of
England, are and may be restrained; and if any sheriff shall voluntarily
or negligently suffer any
such prisoner to escape, such sheriff shall pay the debt or damage to the
creditors. The act for the
regulation of officers fees, (Nov. 1779, Ch. 25, S. 5,) speaks of the sum
for which the sheriff shall be
liable in any action of escape. It is stated in Harris' Entries,
(1 Vol. 640,) that actions of escape are
generally brought upon the sheriff's bonds; but although this may be done
under the bonds taken
since the act of 1794, Ch. 54, these statutes are not thereby repealed
or absolutely superseded.
The last part of this statute does not appear to have been applicable to
the province.
CHAP. 15. The penalty for arresting of priests during
divine service.
See the note on 50 Edw. 3, Ch. 5.
Statutes made at Westminster, 5 Rich. 2, Stat.
1.--A. D. 1381.
-----
CHAP. 8. The penalty where any doth enter into lands
where it is not lawful, or
with force.
This statute, and the others on the same subject,
which will be hereafter noticed, have always been
practised under in the province and in the state.
In the records of the provincial court, from the year
1692, there are a considerable number of cases
of indictments and inquisitions; and there is among them one of the force,
being recorded by a justice
of the peace, pursuant to the statute of 15 Rich. 2, Ch. 2, but that proceeding
is not usually had, not
that by indictment, although the offence is still liable to be so prosecuted.
For the effect of this statute connected with the
others, see 4 Bl. Com. 147; 3 Bl. Com. 179, and 2
Bac. Abt. title Forcible Entry; but this statute alone, may be considered
in force with respect to the
entry on lands which the party entitled may make. See 3 Bl. Com.
175 and 179; see 23 Hen. 8, Ch.
14, referring to this statute. This statute is mentioned in the
letter from S. Chase, which has been
referred to.
Statutes made at Westminster, 7 Rich. 2.--A. D. 1383.
-----
CHAP. 6. The statute of Winchester confirmed, and every
sheriff shall proclaim
it.--(Part.)
See the note on 13 Edw. 1, St. 2, Ch's. 1 and 4.
This being a confirmation, is in force in the same
manner as to the general doctrine of the pursuit of felons.
|
 |
