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XII
Felony Indemnification
Money.
8
Indemnification-money, how to
be drawn for upon the Governor,
and upon occasion advanced—
9
Prisoner, having assumed a
false name, may be proceeded
against ex-nomine—
10
Examining Magistrate to give
information when a Prisoner
is found with a mark—
11
—and in case of assumption
of a false name, to proceed
against him ex-nomine—
12
Disputes between Governor &
payee of an Indemnification
Draught determinable
summarily by King's Bench—
Forms
H. 1.
Draught for Indemnification
Money
XIII Prisoners' Settlements.
1
Parish to include districts &
individuals chargeable—
2
Settlement not to be gained by
Metasylum Service—
3
To ascertain in time the
Settlements of Penitentiary
Prisoners' families, Justices may
be deputed by Sessions to take
Examinations in the
Penitentiary House—
4
Perjury therein, if detected
instanter, punishable with whipping
instanter.—
5
—So, the not answering—
6
Adjudication thereon may be 1.
peremptory—
7
—or provisional, indicating
further evidence—
8
Quadruplicates to be made, for
1. The Parish charged—
2. Sessions of the County where
the Parish lies—
3. Sessions deputing—
4. Governor—
9
Adjudication conclusive,
unless proceeded against within
3 Months—
---page break---
XIII
Prisoners' Settlements.
10
Parish charged may petition
Sessions for any County where
a Witness lives, to depute a
Justice to take supplemented
examination—
11
Sessions to depute a
neighbouring Justice accordingly
12
Examination to be transmitted
to the Parish so petitioning—
13
Parish to transmitt Copies.
1. to Governor—
2. to Sessions of the County
where the Penitentiary House is
14
—declaring thereupon either
1. Acquiescence under the
Adjudication—
2. Appeal—or
3. Procedure for further
examination
15
Appeal to be to the next
Sessions of the County where
the Penitentiary House is
unless put off—
16
After further examination,
Appeal to be to the next
Sessions or next but one, unless
time given by King's Bench—
17
Sessions to receive no evidence
in the first instance but the
written examinations—.
18
But if not satisfied therewith
may engage the parties
to join in a trial with the
benefit of
1. Vivâ voce evidence from
all parts of England—
2—failing that, further
examinations—
3—proper admissions & permissions—
4—production of papers on Oath
19
Appeal thence to King's Bench
20
If in the course of the evidence
a second place of Settlement
appears, proceedings to be
between the two Places—
21
For Perjury apparent in the
course of the Appeal, prosecution
may be ordered, at the
expence, in the first instance,
of the party grieved, reimbursable
by the proper County
22
Penitentiary-man indicted &
convicted thereon, punishable
with whipping or prolongation
of his term—
XIII
Prisoners' Settlements.
23
Governor may also proceed
for supplemental evidence
and either originally—
24
—or to encounter evidence
obtained by a Parish—
25
Parish, having maintained
Penitentiary Mans family
during his term, chargeable
afterwards as towards the
Governor—
26
Governor to maintain quondam
Penitentiary men for ever—
27
—So the wives if unsettlemented—
28
—and every unsettlemented
Child—
29
The Father's Parish, or
failing that the Mother's,
charged with the eventual
maintenance of Families
(existing & future) of
Penitentiary Prisoners—
30
A Justice may make an Order
for stoppage out of a Metasylum
man's pay for maintenance
of his family—
31
—So in the case of a
Superannuation-Annuitant—
32
—and if such stoppage be
insufficient, make an Order
of Assessment for supplemental
allowance—
33
Quadruplicates of such Order—
viz: for
1. Penitentiary House—
2. Metasylum—
3. Parish charged—
4. Sessions for County
where Metasylum is—
34
Governor's advance thereon
to be liquidated quarterly,
allowed by Order of a Justice
and paid by Parish (with
interest) within a month
after notice—
35
Appeal from Order of
Assessment and Order of
Allowance together, to Sessions
of County where Metasylum is—
36
Intermediate variation in the
quantum of the burthen, to
be allowed for—
37
Rate & Distress for
supplemental allowance money.
XIII
Prisoners' Settlements.
38
On Petition of a Metasylum-man,
backed by Governor, Parish
to remove the Family to the
Metasylum—
39
Parish may contract with Governor
for his easing them of the charge—
40
On Vagrancy, family to be removed,
not to the Parish, but to the Metasylum.
41
—though there be Kinsmen liable,
Governor's resort may be to Parish—
42
Sessions may amend Original
Orders or send them back to be new
stated—
43
—also Examinations, Certificates, etc.
44
—and make eventual Orders,
depending upon the subsequent
completion of a sufficient ground
45
Signatures to be deemed genuine
without proof, in default of denial on
Oath—
46
—and signed papers, genuine in toto
47
Parties examinable in proof of their
own hand writing—
48
Unsigned papers appearing to
exhibit the declaration of a certain
person may primâ facie be deemed
his without express proof—
49
Copies delivered as true may be
received as Originals primâ facie,
in default of declaration of belief to
the contrary upon Oath—
50
Costs and damages, by reason of the
production of an ungenuine paper
as genuine, or of an erroneous copy
as true, be on the author of the
mistake—
51
Exhibition of such ungenuine paper
or erroneous copy malâ fide
punishable as a fraud—
52
Like provision for copies of copies
ad infinitum—
53
Court may make an Order
conditional, depending on the
subsequent substantiation of such
primâ facie evidence—
54
—or the production of an
existing paper omitted to be
produced—
55
—insuring by examination or
affidavit the bonâ fides of the
party indulged—
XIII
Prisoners' Settlements
56
Proceedings under this
Act not removable by
Certiorari—
Forms
I. 1.
Petition for subsidiary
Examination—
I. 2.
Deputation to take subsidiary
Examination—
XIV. Correspondence
facilitated.
1
Letters being sent by Post
to individuals by name,
receipt to be presumed primâ
facie.
2
Mode of proceeding where
Letters of Notice are to be
conveyed to persons not
known by name, viz:
Overseers: 1. Form of direction—
3
2. Mode of conveyance by
Country Post-Master—
4
Delivery at the Parish
Church good for included
Vills etc.—
5
—and notwithstanding the
union of the Parish with
others, by Houses of Industry etc.—
6
Mode with regard to
Extra-parochial Places—
7
Post-Master's fee for delivery—
8
Delivery accordingly to be
presumed primâ facie
9
Presumption conclusive,
unless repelled by Oath of
non-receipt—
10
—which may be vivâ voce,
or by affidavit, according
to a Form prescribed—
11
Signatures, to Letters and
instruments under this Act,
to be accompanied by sufficient
directions to the signer—
12
Penalty for omission, in
case of a due memento
previously received—
---page break---
XIV
Correspondence
facilitated.
13
Printed Forms to contain
abstracts of the Law relative
to each—
14
Books to be kept for
registering Penitentiary House
correspondence by General
Post—
15
1. Receipt Book for proving
receipt of Letters—
16
2. Issuing Book for proving
the issuing of Letters.
17
3. Copy Book for ascertaining
the Contents of Letters issued—
18
So for Letters by Penny Post—
19
Books to be accessible on
conditions to be approved by
King's Bench—
20
—and good evidence for the
Governor, and production thereof
compellable against him—
21
—King's Bench may take
order for the due custody thereof—
22
Penitentiary House Correspondence
to be post-free—
23
Mode of franking it from
the House—
24
On what conditions free at
the House—
25
—Penny Post to take payment
at the House for letters
received there
26
Stamped Signature of
Governor or Sub-Governor to
serve instead of real: and
forgery thereof penal—
27
Correspondence, between third
persons, relative to public
Penitentiary-House-business, to
be conveyed, by Post, through
the said House—and Governor
to give notice thereof in the
Forms—
28
Costs of communication, made
in any other manner than by
Post as aforesaid, not to be allowed—
Identifier: | JB/119/132/003 "JB/" can not be assigned to a declared number type with value 119.
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