1780: 20 George 3 c.64: Preventing mischiefs after the Gordon Riots

1780: 20 George 3 c.64: An act to prevent any mischief or inconvenience which may arise to sheriffs, gaolers, suitors, prisoners, or others by the prisoners in several gaols in the counties of Middlesex and Surrey, and the city of London, having been set at liberty during the late tumults and insurrections.

WHEREAS diverse evil minded and disorderly persons did at several times between the second and eighth days of June, in this present year of our lord one thousand seven hundred and eighty, assemble themselves together within the cities of London and Westminster, and the borough of Southwark; and being so assembled together, at some of the said times, did burn, destroy, or break open diverse of his Majesty’s gaols and prisons; that is to say, the gaol of Newgate, the prison of the Fleet, the King’s Bench prison, and other gaols and prisons in the city of London, and in the counties of Middlesex and Surrey, and did cause the prisoners then confined therein to escape, and go at large: and whereas the sheriff or sheriffs, marshal, warden, or other officer or officers, who had the custody of the said gaols or prisons, and the prisoners therein, may be or are in danger of being sued, indicted, prosecuted, or proceeded against, by reason of escapes of prisoners let out, or set at liberty, in manner before mentioned; and the plaintiff or plaintiffs (at whose suit such of the said prisoners as were confined by virtue of civil process were in custody) may be under difficulties with respect to their proceedings against such prisoner or prisoners; also such prisoners as were set at large without their own concurrence or consent, may be in a worse situation, by means of their enlargement, than if they had remained in actual custody: be it therefore enabled by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That all personal actions and suits, indictments, informations, and all molestations, prosecutions, and proceedings whatsoever, and judgements thereupon, (if any be,) had, commenced, or prosecuted, or to be had, commenced, or prosecuted, against any sheriffs, under-sheriffs, marshal, warden, bailiff, gaolers, officers, or their sureties, for or by reason of the escape of any prisoner or prisoners, who was or were, or has or have been discharged, or let out of prison, or caused to go at large, in manner, and on the occasion aforesaid, be, and are and shall bo discharged, annulled, and utterly made void and of no effect, to all intents and purposes, by virtue of this act; and if any such personal action or suit hereby discharged, or intended to be discharged, is or shall be commenced or prosecuted, every person so sued may plead the general issue, and give this act, and the special matter, in evidence; and if the plaintiff or plaintiffs shall become nonsuit, or forbear further prosecution, or suffer discontinuance, or if judgement pass against such plaintiff or plaintiffs, the defendant or defendants shall recover his, her, or their double costs, for which he, she, or they shall have the like remedy, as in cases where costs by law are given to defendants.

II. And be it further enacted by the authority aforesaid, That in case any prisoner or prisoners who was or were, at the times aforesaid, in custody in any of the gaols or prisons aforesaid, by virtue of any civil suit or process, and who was or were let at large, in the manner, and on the occasion aforesaid, hath or have surrendered, or offered to surrender, him or herself, or themselves, or shall, on or before the first day of September now next ensuing, surrender, or offer to surrender, him or herself, or themselves, to the sheriff or sheriff, marshal, warden, or other officer or officers, under whose custody he, she, or they was or were, at the time of his, her, or their said enlargement, or their successors in office, and shall have given, or shall give, or deliver in writing, to such sheriff or sheriffs, marshal, warden, or other officer or officers as aforesaid, (or their successors in office,) the place of abode of such prisoner or prisoners; and in case he, she, or they shall change his, her, or their place of abode, shall, in like manner, give notice in writing to such sheriff or sheriffs, marshal, warden, or other officer or officers, (or their successors in office,) of such new place of abode, and shall at all times, when lawfully called upon by such sheriff or sheriffs, marshal, warden, or other officer or officers, or their successors in office, or by the plaintiff or plaintiffs, in the suit or suits depending against them respectively, be ready and willing to surrender, and shall surrender, or offer to surrender themselves, in such manner as aforesaid, such prisoner or prisoners so surrendering, or offering to surrender, him or herself, or themselves, and conforming themselves in such manner as aforesaid, shall be considered, to all intents and purposes, as if he, she, or they, now was or were, and had always remained and continued, in the custody of such sheriff or sheriffs, marshal, warden, officer or officers, in whose custody he, she, or they, was or were at the time of his, her, or their said enlargement, and shall not be liable to be arrested by virtue of any civil process out of any court; and in case they have been, or shall be, so arrested, shall be discharged therefrom.

III. And be it further enacted by the authority aforesaid, That in all such cases it shall and may be lawful for any plaintiff or plaintiffs, at whose suit such prisoner or prisoners was or were in custody, or for any creditor or creditors having causee of action against such prisoner or prisoners, to deliver declarations,and all other proceedings, against any such prisoner or prisoners, to the sheriff or sheriffs, marshal, warden, or other officer or officers, in whose custody such prisoner or prisoners was or were at the time of their said enlargement, (or their successors in office,) and to give notice in writing thereof to such prisoner or prisoners, or to leave the same at his, her, or their place of abode; which proceeding shall be as good and available in law, to all intents and purposes, as if such plaintiff or plaintiffs, creditor or creditors, had proceeded according to the forms heretofore used against persons in actual custody; and such plaintiff or plaintiffs, creditor or creditors, shall and may proceed to judgement thereon, within the same time as if such prisoner or prisoners was or were in actual custody, and also shall and may take out execution against such real or personal estate, of such prisoner or prisoners, as is or shall he liable thereto by law.

IV. And be it further enacted by the authority aforesaid That with respect to such prisoner or prisoners, who was or were in custody in any of the gaols or prisons aforesaid, by virtue of any civil suit or process, and who was or were let at large in manner aforesaid, and who hath or have not surrendered him or herself, or themselves, in manner aforesaid, nor shall offer so to do within the time above for that purpose limited, it shall and may be lawful for the plaintiff or plaintiffs, at whose suit he, she, or they were so in custody, to deliver in like manner declarations, and all other proceedings against such prisoner or prisoners, to the sheriff or sheriffs, marshal, warden, or other officer or officers, in whose custody such prisoner or prisoners was or were at the time of his, her, or their said enlargement, or their successors in office, and to give notice thereof in the London Gazette;  which proceedings shall be as good and available in law, to all intents and purposes, as if such plaintiff or plaintiffs had proceeded according to the forms heretofore used against persons in actual custody, and shall and may proceed to judgement thereupon, within the same time as if such prisoner or prisoners was or were in actual custody, and take out his or their execution thereupon.

V. Provided always, and be it enacted by the authority aforesaid, That no plaintiff or plaintiffs shall be in any manner prejudiced or damnified for or by reason of his, her, or their not having proceeded against any prisoner or prisoners from the time of his, her, or their said enlargement, until the first day of November, one thousand seven hundred and eighty.

VI. And be it further enacted by the authority aforesaid, That in case any defendant or defendants in any action or information hath or have tendered to surrender him, her, or themselves, or hath or have been tendered to be surrendered in discharge of his, her, or their bail, and the court, or judge of the court, in which the action or information hath been depending, for want of a proper place of confinement, hath not committed such defendant or defendants; or in case any defendant of defendants, in any action or information, who hath or have given special bail, shall, before the said prisons of the King’s Bench and the Fleet respectively shall have been repaired, or other prison or prisons been substituted in lieu thereof respectively, and notice thereof given in the London Gazette, as hereafter mentioned, be desirous to surrender him, her, or themselves in discharge of his, her, or their bail, or the bail shall be desirous to surrender such defendant or defendants as aforesaid, such defendant or defendants shall and may come or be brought before any court or judge of the court in which such action or information is or has been depending, and such court or judge shall and may commit such defendant or defendants to the custody of the marshal or warden of the Fleet, (as the cafe may be,) and the tipstaff shall tender such defendant or defendants to the marshal or warden, (as the case may be,) or his or their deputy or deputies, and the bail shall thereupon be discharged, and such defendant or defendants shall, and is and are hereby required in all things to conform to the rules and directions herein-before prescribed concerning such prisoners who have been set at large, and have surrendered or tendered themselves to be surrendered, or shall tender themselves to be surrendered, in manner herein-before mentioned, and such defendant or defendant shall be deemed and taken to be in actual custody; and the plaintiff or plaintiffs in such suit or information, or any other creditor, shall and may proceed against him, her, or them, as in custody, in such manner and form as is herein-before directed concerning such prisoners as were set at large, and shall have surrendered or offered to surrender themselves in manner herein before set forth; provided nevertheless, that the marshal or warden shall not be answerable for the escape of any such prisoner or prisoners, until the prisons of the King’s Bench and the Fleet, respectively shall have been repaired as aforesaid, or other prison or prisons substituted in the place thereof, and such defendant or defendants shall be in their actual custody.

VII. And whereas there is not at present any place of safe custody for prisoners committed by the courts of chancery, common bench, and exchequer; and it may have happened that persons (since the destruction of the said prison of the Fleet) may have been committed to the custody of the warden of the Fleet, in discharge of their bail, or otherwise, whereby the said warden may be liable to answer for the escape of such prisoners, be it further enacted, That the said warden, until the said prison of the Fleet shall be repaired made fit for the reception of prisoners, or some other prison appointed in lieu thereof, and such prisoner shall be received within the walls of such prison, shall not be answerable for the escape of such prisoners; nevertheless such surrenders shall be good and valid in law, and the bail shall be, and are exonerated and discharged, and such prisoners shall and are hereby required in all things to conform to the rules and directions herein-before prescribed concerning such prisoners who have been set at large, and have surrendered, or tendered themselves to be surrendered, in manner herein-before mentioned and thereupon shall be deemed and taken to be in actual custody, and liable to be proceeded against as such in the manner herein before mentioned.

VIII. Provided nevertheless, and it is hereby enacted and declared. That so soon as the said prisons of the King’s Bench and the Fleet respectively shall be repaired and made fit for the reception of prisoners, or other prison or prisons substituted in lieu thereof, and the same shall be notified in the London Gazette by one of his majesty’s principal secretaries of state, all and every prisoner or prisoners who have escaped or been at liberty in conference of the said tumults and insurrections, and also all such person or persons, defendant or defendants, who hath or have since been committed, and who, under the provisions mentioned, are to be deemed and taken as if in custody of the said marshal or warden respectively, within twenty-eight days next after such notice given in the London Gazette of the repair of the said prisons, or either of them respectively, or of any other prison or prisons being appointed in lieu thereof, or of either of them, shall, and are hereby required to surrender themselves to the keeper of such of the said prisons to which they shall respectively belong, and in whose Custody they are, under the provisions of this act, deemed and taken to be, so as to become actual prisoners, and within the walls of such prison or prisons respectively; and every such prisoner or prisoners, person or persons, defendant or defendants, herein-before mentioned, who shall neglect or refuse so to do, not having any reasonable excuse in that behalf, shall forfeit and lose all the privilege and benefit of this act, and shall and may be retaken by any plaintiff or plaintiffs as in case of wilful escape; and such prisoner or prisoners, person or persons, defendant and defendants, shall be, and are hereby declared and rendered for ever incapable of taking the benefit of any act which may at any time hereafter be passed for the relief of insolvent debtors.

IX. Provided always, That nothing in this act contained shall extend, or be construed to extend, to the case of any prisoner or prisoners who, on the eighth day of June in the present year of our lord one thousand seven hundred and eighty, was or were confined in the New Prison or the Marshalsea prison, under the custody of the marshal.

X. And be it further enacted by the authority aforesaid, That, until the prison of Newgate shall be rebuilt or repaired, or other prison substituted in the place thereof, it shall and may be lawful for the sheriff of the county of Middlesex to confine any person or persons who were not in custody at the time of the destruction of the gaol called Newgate, and who hath, since the destruction of the said gaol of Newgate, been, or shall be hereafter arrested or taken in execution by the said sheriff, on any civil process, in any other gaol or place of security within the county of Middlesex; and such gaol or place of security shall be subject to all such regulations and provisions as county gaols are by law subject to; and the name of such gaol or place of security, together with the names of the prisoners therein, and of the causes in which they are arrested or detained, shall be fixed up in some publick and open place in the said sheriff’s office.

Source: Pickering, Statutes at Large, volume 33.