Page:Ruffhead - The Statutes at Large, 1763.djvu/137

made his Accompt; and in the Presence of the Barons, or the Auditors that they shall assign him, the Accompt shall be rehearsed, and Justice shall be done to the Parties, so that if he be found in Arrearages, he shall be commuted to the Fleet, as above is said. (5) And if he flee, and will not give Accompt willingly, as is contained elsewhere in other Statutes, he shall be distrained to come before the Justices to make his Account, if he have whereof to be distrained. (6) And when he cometh to the Court, Auditors shall be assigned to take his Accompt, before whom if he be found in Arrearages, and cannot pay the Arrearages forthwith, he shall be committed to the Gaol to be kept in Manner aforesaid. An Exigent against an Accomptant.(7) ^[1]And if he flee, and it be returned to the Sheriff that he cannot be found, Exigents shall go against him from County to County, until he be outlawed, and such Prisoner shall not be replevisable. Escape of an Accomptant.(8) ^[2]And let the Sheriff or Keeper of such Gaol take Heed, if it be within a Franchise, or without, that he do not suffer him to go out of Prison by the common Writ called Replegiare, or by other Means, without Assent of his Master; (9) and if he do, and thereof be convict, he shall be answerable to his Master of the Damages done to him by such his Servant, according as it may be found by the Country, and shall have his Recovery by Writ of Debt. (10) And if the Keeper of the Gaol have not wherewith he may be justified, or not able to pay, his Superior that committed the Custody of the Gaol unto him, shall be answerable by the same Writ.

The Punishment of an Appellor for a false Appeal.FOrasmuch ^[1]as many, through Malice intending to grieve other, do procure false Appeals to be made of Homicides and other Felonies by Appellors, having nothing to satisfy the King for their false Appeal, nor to the Parties appealed for their Damages; (2) it is ordained, That when any, being appealed of Felony surmised upon him, doth acquit himself in the King's Court in due Manner, either at the Suit of the Appellor, or of our Lord the King, the Justices, before whom the Appeal shall be heard and determined, shall punish the Appellor by a Year's Imprisonment, ^[2]and the Appellors shall nevertheless restore to the Parties appealed their Damages, according to the Discretion of the Justices, having Respect to the Imprisonment or Arrestment that the Party appealed hath sustained by reason of such Appeals, and to the Infamy that they have incurred by the Imprisonment or otherwise, and shall nevertheless make a grievous Fine unto the King. Inquiry of Abbettors.(3) ^[3]And if peradventure such Appellor be not able to recompense the Damages, it shall be inquired by whose Abetment or Malice the Appeal was commenced, if the Party appealed desire it; (4) and if it be found by the same inquest, that any Man is Abettor through Malice, at the Suit of the Party appealed, he shall be distrained by a judicial Writ to come before the Justices; (5) and if he be lawfully convict of such malicious Abetment, he shall be punished by Imprisonment and Restitution of Damages, as before is said of the Appellor. No Essoin for the Appellor.(6) ^[4]And from henceforth in Appeal of the Death of a Man there shall no Essoin lie for the Appellor, in whatsoever Court the Appeal shall hap to be determined.