| Volume 194, Page 330 View pdf image (33K) |
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330 1 K- 8, CAP. 3, PRISONERS. STATUTES Made at WESTMINSTER, in the First Year of the Reign of King RICHARD III. and in the Year of our Lord 1483. CAP. I. All Acts made by or against Cestuy que use shall be good against him, his Heirs, and Feoffees in Trust. It was insisted in Matthews v. Ward's Lessee, 10 G. & J. 443, that this Statute was in force here, but the Court of Appeals doubted whether it applied to modern trusts, and said that it was questionable whether it is in force in this State. It appears not to have any operation now, Sugd- Gilbert on Uses, 67, n. I have therefore included it only by its title. CAP. III. Every Justice of Peace may let a Prisoner to Mainprise. No Officer shall seise the Goods of a Prisoner until he be attainted, Forasmuch as divers persons have ben daily arrested and imprisoned for Suspection of Felony, sometime of Malice, and 251 *sometime of a light Suspection, and so kept in Prison without Bail or Mainprise, to their great Vexation and Trouble: (2) Be it ordained and established by Authority of this present Parliament, That every Justice of the Peace in every Shire, City, or Town, shall have Authority and Power, by his or their Discretion, to let such Prisoners and Persons, so arrested, to Bail or Mainprise, in like form as though the same Prisoners. or Persons were indicted thereof of Record before the same Jus- tices in their Sessions; (3) and that Justices of Peace have Au- thority to inquire in their Sessions of all manner Escapes of every person arrested and imprisoned for Felony. (4) And that no Sheriff, Under-Sheriff, nor Escheator, Bailiff of Fran- chise, nor any other person, take or seise the Goods of any per- son arrested or imprisoned for Suspicion of Felony, before that the same person, so arrested and imprisoned, be convicted or attainted of such Felony according to the Law, or else the same Goods otherwise lawfully forfeited, (5) upon pain to forfeit |
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| Volume 194, Page 330 View pdf image (33K) |
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