By _32 G. 2. c. 28._ § 1., no sheriff, undersheriff, bailiff, serjeant at
mace, or other officer or minister whatsoever, shall convey or carry, or
cause to be conveyed or carried any person or persons by him or them
arrested, or being in his or their custody by virtue or colour of any
action, writ, process or attachment to any tavern, alehouse or other
public victualling or drinking house, or to the private house of any such
officer or minister, or of any tenant or relation of his, without the
free and voluntary consent of the person or persons so arrested or in
custody; nor charge any such person or persons with any sum of money for
any wine, beer, ale, victuals, tobacco or any other liquor or things
whatsoever, save what he, she or they shall call for, of his, her or
their own free accord; nor shall cause or procure him, her or them to
call or pay for any such liquor or things, except what he, she or they
shall particularly and freely ask for; nor shall demand, take or receive,
or cause to be demanded, taken or received directly or indirectly, any
other or greater sum or sums of money than is or shall be by law allowed
to be taken or demanded for any arrest or taking, or for detaining or
waiting till the person or persons so arrested or in custody shall have
given an appearance or bail, as the case shall require, or agreed with
the person or persons at whose suit or prosecution he, she or they shall
be taken or arrested, or until he, she or they shall be sent to the
proper gaol belonging to the county, riding, division, city, town or
place where such arrest or taking shall be; nor shall exact or take any
reward, gratuity or money for keeping the person or persons so arrested
or in custody out of the gaol or prison; nor shall carry any such person
to any gaol or prison within four and twenty hours from the time of such
arrest, unless such person or persons so arrested shall refuse to be
carried to some safe and convenient dwelling-house of his, her or their
own nomination or appointment within a city, borough, corporation or
market-town, in case such person or persons shall be there arrested; or
within three miles from the place where such arrest shall be made, if the
same shall be not the house of the person arrested, and be within the
county, riding, division or liberty in which the person under arrest was
arrested; and then and in any such case, it shall be lawful to and for
any such sheriff or other officer or minister to convey or carry the
person or persons so arrested and refusing to be carried to such safe and
convenient dwelling-house as aforesaid, to such gaol or prison as he, she
or they may be sent to by virtue of the action, writ or process against
him, her or them.
[Sidenote: Expences of persons arrested.]
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