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PRISONERS’ FEES ACT 1783
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CHAP. XXXIV.
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An Act for the Relief of Prisoners charged with Felony, or other Crimes, who shall be acquitted or discharged by Proclamation respecting their Fees, and giving a Recompence for such Fees.
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Prisoners against whom no bill found or acquitted. &c.
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enlarged immediately without fees.
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WHEREAS persons in custody for felonies, or other crimes, or on suspicion thereof, or as accessaries thereto, though no bills of indictment are found against them, or though they are acquitted on their trials, are nevertheless frequently detained for certain fees to the sheriffs, gaolers, or keepers of prisons, in whose custody they happen to be, and for fees to the clerks of the crown, and of the peace, his, or their deputies: for remedy whereof, be it enacted 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 every prisoner who now is, or hereafter shall be charged with any crime or offence whatsoever, before any court holding criminal jurisdiction in this kingdom, against whom no bill of indictment shall be found by the grand jury, or who on his or her trial shall be acquitted, or who Shall be discharged by proclamation for want of prosecution, shall be immediately set at large in open court, without the payment of any see or sum of money to or for the use of any person whatsoever.
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Or heretofore charged and no bill found,
or acquitted or discharged by proclamation.
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II. And be it further enacted by the authority aforesaid, That all persons who have been heretofore charged with any crime or offence whatsoever before any court holding criminal jurisdiction in this kingdom, against whom no bill of indictment has been found, or who on their trial have been acquitted, or have been discharged by proclamation for want of prosecution, and are now confined in any gaol in this kingdom for payment only of any such see or sum of money as aforesaid, shall be discharged and set at liberty.
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Not to prevent transmitting.
nor discharged if other bill ordered to grand jury.
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III. Provided always, That nothing in this act contained shall be construed to extend to prevent any judge of assize, or commissioner of over and terminer, and gaol delivery, from ordering any prisoner to be transmitted to any other county, when he shall appear to such judge to be charged with any crime, or to extend to the discharge of any prisoner against whom there shall be any other bill of indictment ordered by the court to be sent up to the grand jury.
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All fees ablished.
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IV. And be it further enacted by the authority aforesaid, That all such legal and accustomed fees as have been usually paid or payable to the several sheriffs, gaolers, and keepers of prisons, and to the clerks of the crown, and clerks of the peace, his or their deputy or deputies in this kingdom, and all other fees whatever in any of the cases aforesaid, shall absolutely cease, and are hereby abolished and determined, and from and after passing this act, no sheriff, gaoler, or keeper of any gaol or prison, or clerk of the crown, or clerk of the peace, his or their deputy or deputies shall act, demand, take, or receive any sum or sums of money from any of the said prisoners as fees.
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All such fees raised by presentment on the county,
ascertained by affidavit,
fiated by the judge,
levied as others,
and paid in proportion as the fees.
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V. And be it further enacted, That in lieu of such fees so abolished as aforesaid, it shall and may be lawful to and for the grand juries of the several counties, counties of cities, and counties of towns in this kingdom, at the assizes held for the said counties, counties of cities, and counties of towns, and at the quarter sessions held for the said county of Dublin, and county of the city of Dublin, in which such prisoners shall be discharged as aforesaid, to present from time to time any sum or sums of money that they shall think proper, not exceeding the amount of the legal accustomed fees heretofore paid in such cases to such sheriffs, gaolers, and keepers of prisons, and to such clerks of the crown, and clerks of the peace, his or their deputy or deputies, the amount of such fees, to be ascertained by the respective affidavits of such sheriffs, gaolers, keepers of prisons, clerks of the crown, and clerks of the peace, his or their deputy or deputies, to be raised out of and from the said county at large; and in case such presentment shall be fiated by the judges of assize, or of over and terminer, for such counties respectively, or by the justices of the peace at the said quarter sessions of the county of Dublin, and county of the city of Dublin, the sums so presented to be raised and levied in such manner as other county presentments are now usually raised and levied, and shall be paid over to such sheriffs, gaolers, or keepers of such gaol or prison, and to such clerks of the crown, and of the peace, his or their deputy or deputies respectively, in the proportions to which they were heretofore entitled to such fees.
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Grand jury shall not present at one assizes for persons discharged at quarter sessions in county at large above 20l.
in county of city 10l.
co. of Cork 30l.
co. of Dublin 15l.
co. of the city of Dublin 50l.
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VI. And be it enacted by the authority aforesaid, That it shall not be lawful for any grand jury, by virtue of this act, to present at any one assizes for the payment of any persons who shall be discharged at any quarter sessions in pursuance of this act, any sum of money exceeding in a county at large the sum of twenty pounds, and in a county of a city, or county of a town, ten pounds, excepting only the county of Cork, the grand jury of which may present for the purposes herein before mentioned, any sum or sums of money, not exceeding in the whole the sum of thirty pounds at any one assizes, and that it shall be lawful for any grand jury of the quarter sessions for the county of Dublin, to present at any quarter sessions for the purposes herein before mentioned, any sum or sums of money not exceeding in the whole the sum of fifteen pounds, and that it shall be lawful for the grand jury of the county of the city of Dublin, to present at any quarter sessions for the purposes herein before mentioned, any sum or sums of money, not exceeding in the whole the sum of fifty pounds.
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Term grand juries may present accustomed legal fees for prisoners discharged.
the next term, on the proper affidavits,
judges of K. B. may fiat.
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VII. And be it enacted by the authority aforesaid, That it shall and may be lawful to and for the term grand juries for the county, and the county of the city of Dublin, if they shall think proper to present on their respective counties the accustomed ant legal fees payable to the respective sheriffs, gaolers, and clerks of the crown, and clerks of the peace for such counties, for all such prisoners as shall have been discharged at the commissions of over and terminer held for the said counties respectively, in pursuance of this act, such presentments to be made in the term next following, the discharge of such prisoners, and to be founded on the affidavits of the said sheriffs, gaolers, clerks of the crown, and clerks of the peace respectively, his or their deputies, and that it shall and may be lawful to and for the judges of the court of King’s bench, if they shall think proper, to fiat such presentments.
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Distributed in proportion to fees.
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VIII. And be it enacted, That sums so presented, when raised, shall be distributed among the said respective officers, his or their deputy or deputies, in proportion, to the amount of their several and respective legal and accustomed fees.
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3 G. 3. c. 5. repealed.
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IX. And be it enacted by the authority aforesaid, That an act passed in the third year of his present Majesty’s reign, entitled, An act for discharging without fees, persons who shall be acquitted of offences, for which they are or shall be indicted, and for making a compensation to sheriffs, gaolers, and clerks of the crown, and clerks of the peace for such fees, and every thing therein contained shall be and is hereby repealed.
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