January 1779

Secondly Whether as the Keeper of Newgate receives his appoint [..]
from and is under the immediate direction and Control
of the Court of Aldermen of the City of London and as
their Order of 1732 respecting the discharge of such prisons
as should be acquitted without the payment of any fee
the Goaler has not been repealed since by any order of
the same Court The Keeper of Newgate can legally
claim a right to the fee of 13s/4d by virtue of the said Act of
the County Treasurer for each person so acquitted and
discharged out of his Custody

Some of the Expressions in the Order of the Court of Aldermn. made in 1732
clash so much with the Report of the Committee agreed to by that Court in
1744. that it is very difficult to reconcile them except by construing the first
Order as meaning only to restrain the Goalers from detaining prisoners
in Custody for their fees but leaving the demand in other respects as it stood
before the Order. At the same time it must be allowed that the Words in
the first Order directing acquitted prisoners to be "discharged without paying
"any fees for or in respect thereof unless it shall be otherwise ordered by the Court
(that is as I conceive by the Court in which they are tried) seem to abolish
the right to demand any fee in such Case. Now if this latter be as I
incline to think it is the true Construction the Question will be whether
the Subsequent Order and Table of fees amount to a Repeal of the former
Order as to which I am of Opinion that they do not amount to a repeal
unless it can be shown that since 1744 the Goaler has frequently taken
the fee set down in the Table which I believe has not in fact been the
practice. The Act of Parliament certainly did no mean to create any
New fees but only to give a Recompence for such as had been usually
paid upon the whole therefore as it does not appear by any thing stated
in this Case that any fee for discharge or Acquittal has been usually taken
by the Goaler since 1732 I am of Opinion that the Goaler of Newgate is not
well founded in his present demand on the Treasr. of the Co. of Middx at
all Events I shd. advise the demand not to be complied with without
the determination of a Court of Law as to submit to it must fix a large
and lasting Expence on the County

Edwd, Bearcroft
Line: Inn 8th. Jany 1779

All which the Committee Submit Etc Etc
Etc

And