S. 5. appointed, or before the head officer of the place, changing the words "the office of under-sheriff,” to words convenient for the office. And if any person so required to take such oath shall impannel or return any inquest, &c. or intermeddle with the execution of process, not having previously taken said oath, he shall forfeit £40. of English Penalty for nemoney, one moiety to the king, and the other to him that 'will sue for the same: and by s. 5. if any under-sheriff or other person shall do any thing contrary to the oath aforesaid, he shall forfeit to the party grieved his treble damages to be recovered by action of debt, &c. in any court of record. And the justices of assize, and justices of peace in their sessions, are by s. 6. empowered to hear and determine the defaults contrary to this act, as well by presentment and information, as by indictment; and upon conviction to award execution for said forfeitures by fieri facias, or by attachment, capias, or exigent. or breach. s. G. be entered into &c. The 11 Ann. c. 8. s. 3. Ir. enacts that every under-she- Recognizance to riff, sheriff's clerk, or county-clerk of any county, county by sub-sheriffs of a city or town, shall before exercising said office, 11 Ann. c.8.5.3. enter into recognizance with sufficient security in the pe- ir. nalty of £200. before a master in chancery, or master extraordinary for taking affidavits in the country, conditioned that he has not taken the said office in trust for any person, who hath been under-sheriff, &c. or executed said office or either of them in the said county, &c. within 3 years then next preceding, and that all the fees perquisites and benefits thereof were to his own use, or to the use of the high-sheriff, and that he will not forbear postpone or delay the execution or return of any writ or process that shall come to his hands, or be lodged in the sheriff's office, for any gratuity, reward, or other consideration; which recognizance shall within 2 months after taking, be returned into the exchequer, for record*ing of which 2s. 6d. shall be the fee. This act also required an oath to the same effect as the recognizance, which oath was to be administered by the person before whom such recognizance was entered into, but it seems to be doubtful whether this oath was meant to be superseded by the oath prescribed by the 12 Geo. 1. c. 4. Ir. By in case of death of sheriff. s. 6. Ir. Subsheriff to act By the 3 Geo. 1. c. 15. s. 8. Eng. and 12. Geo. 1. c. 4. s. 6. Ir. if any sheriff shall die before the expi3 Geo. 1. c. 15. ration of his year, or before he be superseded, the un* 8. Eng. 12 Geo. 1. c. 4. der-sheriff shall nevertheless continue in his office, and execute the same in the name of the deceased, till another sheriff be appointed and sworn; and the under-sheriff shall be answerable for the execution of the office during such interval, as the high-sheriff would have been; and the security given by the under-sheriff and his pledges shall stand a security to the king, and to all persons whatsoever, for the due performing of his office during such interval. Sub-sheriffs to exonerate high sheriff's. I. In order to secure sheriffs against the neglects and defaults of their sub-sheriffs and attornies, the 23 Geo. 2. 23 Geo. 2. c. 13. c. 13. Ir. enacts that where any sub-sheriff or attorney, who shall have received from the high sheriff of any county, county of a city or town, any money in order to be paid over in discharge of the accounts of the highsheriff, shall neglect or fail to pay over into the treasury the sums so to him entrusted for that purpose, and to procure to be taken off at his own cost and charges, such fines as have been laid on the high-sheriff by reason Penalty for de- of such neglect, within 6 months* from the time that such sum shall be so paid, such sub-sheriff or attorney shall for ever after be disabled, to take or execute the office of sub-sheriff of any county or city. And by s. 4. if any such person shall after incurring such disability take upon him the office of sub-sheriff, he shall forfeit £500. one moiety to the king, and the other to the person who shall sue for the same. This act is peculiar to Ireland. fault. S. 4. Disabilities of catholics. + Vide rext chapter. 1 Geo. 2. c. 20. s. 4, Ir. 6 Ann. c. 6. s. 1. & 2. Ir. By the 25 Car. 2. c. 2. Eng. 1 Geo. 1. st. 2. c. 13. Eng. and 2 Ann. c. 6. Ir. + Catholics are excluded from the office of sheriff in England and Ireland; they are in effect also incapacitated from being sub-sheriffs, by the 27 Eliz.c. 12. Eng. and 10 Car. 1. st. 3.c. 18. Ir. (ante page 222). And by the 1 Geo. 2. c. 20. s. 4. Ir. no person shall act as sub-sheriff or sheriff's clerk, who shall not have been a protestant for 5 years immediately before such acting, upon pain of being liable to all the disabilities of professed papists. And by the 6 Ann. c. 6. s. 1. & 2. Ir. nò *This time may by s. 3. be enlarged by the court of exc. papist papist shall act as clerk in any sheriff's office, upon pain of forfeiting £200, and incurring the other penalties and disabilities in the 2 Ann. c. 6. Ir. The 33 Geo. 3. c. 21. Ir, which repeals in general the disabilities of catholics, upon condition of taking and subscribing the oaths and decla rations therein mentioned, does except, amongst others, the disabilities of being sheriffs or sub-sheriffs of counties. ས c. 10. E, & L. 13 Ric. 2. st. 1. 19 Hen.7. c.19, Eng. With respect to gaolers. The 14 Edw. 3. st. 1. c. 10. Sheriffs' gaolers. E. &. I. recites that gaols were wont to be in ward of the 14 Edw. 3. st. 1. sheriffs, and annexed to their bailiwicks, and therefore enacts that sheriffs shall have the custody of the gaols aş they were wont to have, and that they shall put in such keepers for whom they will answer. The 13 Ric, 2. st. 1. c. 15. E. & I. c. 15. E. & I. also rejoined the king's gaols to the bodies of counties. By the 19 Hen. 7. c. 10. Eng, every sheriff shall have the custody, rule, keeping, and charge, of every of the king's common gaols, prisons, and prisoners in the same, in the county whereof he is sheriff, during the time of his office, except such gaols whereof any person or body has the keeping, of estate of inheritance, or by succession. And this act annulled all patents made for lives and years of the keeping of said gaols, and of the constableships of any castles where such gaols were; but it is provided that neither the sheriff of the county of Surrey, nor any other sheriff, shall have the custody of the gaols of the king's bench and marshalsea. The 11 & 12 11 & 12 W. 3, W. 3. c. 19. s. 3. & 4. Eng. also declares that sheriffs Eng. shall have the charge of gaols, without prejudice however to any person having any gaol by inheritance, for life, or years. The 3 Geo. 3. c. 28, s. 1. Ir. enacts that no sheriff or 3 Geo. 3 c. 28. other person having the power of appointing a gaoler, shall by himself or any person in trust for him take any fee or gratuity, or reserve any rent payable out of any such gaol for such appointment, under the penalty of £500. one moiety to the king, and the other to the informer, to be recovered with full costs of suit by bill, plaint, or information, in any court of record.* c. 19. s. 3 & 4. s. 1. Ir. *V.de page 219 Various humane and wise regulations have been made, Bules for regu by several statutes in England and Ireland, with respect and gaolers. to gaols and the treatment of the prisoners therein, as VOL. I. well lation of gaols Sustenance of prisoners. 14 Eliz. c. 5. Eng. 43 Eliz. C. 12 Geo. 2. c.29. Charitable benefactions. well as for correcting and restraining the oppressions and exactions of gaolers; of which the following outline will I hope be deemed sufficient:-The 14 Eliz. c. 5. Eng. 43 Eliz. c. 2. Eng. and 12 Geo. 2. c. 29. Eng. enable the justices of peace of every county, city, &c. in their general sessions to rate every parish for the relief and maintenance of poor prisoners in the gaols of such counties, &c. as well as in the king's bench and mar19 Car. 2. c. 4. shalsea, And the 19 Car. 2. c. 4. Eng. authorizes the Eng. justices in their general sessions to provide a stock of materials for setting poor prisoners on work, and to bestow the profits arising from their labour for their relief. And by the 32 Geo. 2. c. 28. s. 9. & 10. Eng. the courts of K. B. C. B. and Exc. justices of assize, (and great sessions) 32 Geo. 2. c.28. justices of the peace, and commissioners for charitable uses, shall from time to time inquire concerning gifts and bequests to poor prisoners; who may send for papers and witnesses, and examine persons upon oath, and order and settle the payment thereof in such easy and expeditious way as they shall think proper; and a table of such benefactions, after every such settling thereof, shall be transmitted to the clerk of the peace, to be registered by him without fee; and another table to the gaoler, to be hung and kept by him in some conspicuous place in his gaol, where the prisoners may have easy resort thereto without fee. And for preserving the health of prisoners the 14 Geo. 3. c.39. 14 Geo, 3. c. 59. Eng., provides, that justices at the quarter sessions in England and Wales, shall order the walls and The health of cielings of the several cells and wards of the debtors, s. 9. & 10. Eng. Eng. prisoners. felons, and other prisoners, to be scraped and whitewashed, once a year at the least, and to be regularly washed and kept clean, and supplied with fresh air, by means of hand ventilators or otherwise, and to order 2 rooms in each gaol or prison, one for sick men, and the other for sick women, to which they are immediately to be removed when seized with any disorder; and to order a warm and cold bath, or commodious bathing tubs, in which the prisoners are to be washed, according to the condition in which they shall be at the time, before they shall be suffered to go out of such prisons upon any oc s. 2. s. 3. casion whatever; and they are further required to appoint an experienced surgeon or apothecary at a stated salary, to attend each gaol and to report to the justices at the quarter sessions the state of the health of the prisoners under his superintendance. And the justices are by s. 2. further authorized to order cloaths to be provided for the prisoners when they shall see occasion, and to prevent prisoners from being kept under ground when it can be done conveniently, and to make such other orders from time to time for restoring or preserving the health of prisoners as they shall think necessary, and to have the courts within their jurisdictions ventilated. And this act, s. 3. provides for defraying the expenses attending the execution of this act out of the respective county rates, or out of the public stock of such cities or places having exclusive jurisdiction, to which such gaols, &c. belong. And any gaoler who shall neglect or disobey the orders of such justices, is hereby liable to be fined at the discretion of the judges of assize, or of the justices in their quarter sessions, upon complaint in a summary way, and to be committed in case of non-payment. And the justices are by s. 1. to order this act to be painted in large and legible characters upon a board, and hung up in some conspicuous part of every gaol and prison. The 13 Geo. 3. c. 58. Eng. authorizes the justices at their 15 Geo.3. c.53. quarter sessions, to appoint clergymen to officiate and perform divine service, according to the rites of the church Religious duties. of England, in the several gaols within their jurisdiction; and to ascertain and settle the number of such clergymen, the nature of the religious duties to be performed, and the salaries to be paid them respectively not exceeding £50. a year, which (by s. 2.) are to be paid by the treasurers of the counties, out of the county rates, upon the certificate of the chairman of the quarter sessions. It is a provision of the 22 & 23 Car. 2. c. 20. s. 13. Eng. that 22 & 23 Car, 2. sheriffs or gaolers shall not suffer felons, and prisoners for debt, to be lodged together in one room, under pain debtors kept seof forfeiting their offices and treble damages to the party parate. grieved. And the 24 Geo. 2. c. 40. Eng. provides that 24 Geo.2. c.40. no gaoler or keeper of any gaol, prison, or house of correction shall sell, lend, use, give away, or suffer spi Eug. c.20.s.13. Eng. Felons and Eng. |
