By _23 H. 6. c. 9._ Sheriffs, undersheriffs, bailiffs of franchises, &c.
shall let out of prison all manner of persons by them arrested or being
in their custody by force of any writ, bill or warrant in any action
personal, or by cause of indictment of trespass, upon reasonable sureties
of sufficient persons, having sufficient within the counties where such
persons be so let to bail or mainprise, to keep their days in such place
as the said writs, bills or warrants shall require: Such person or
persons which shall be in their ward by condemnation, execution, capias
_utlagat'_ or _excommunicatum_, surety of the peace, and all such persons
which shall be committed to ward by special commandment of any justice,
and vagabonds refusing to serve according to the form of the statute of
labourers, only except. And that no sheriff, nor any of the officers or
ministers aforesaid shall take or cause to be taken, or make any
obligation for any cause aforesaid, or by colour of their office, but
only to themselves, of any person, nor for any person which shall be in
their ward by the course of the law, but by the name of their office, and
upon condition written, that the said prisoners shall appear at the day
contained in the said writ, bill or warrant, and in such places as the
said writ, bill or warrant shall require. And if any of the said
sheriffs, or other officers or ministers aforesaid, take any obligation
in other form by colour of their offices, that it shall be void; and that
he shall take no more for the making of any such obligation but 4d.
(penalty, treble damages to the party grieved and 40l. half to the King
and half to the party suing.) And justices of assises, of the bench and
of the peace, to enquire, hear and determine, &c.
Public-domain text, read in full here on John Shaqi.
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