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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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January 1779
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Secondly Whether as the Keeper of Newgate receives his appoint
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from and is under the immediate direction and Control
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of the Court of Aldermen of the
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City of London
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and as
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their Order of 1732 respecting the discharge of such prisons
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as should be acquitted without the payment of any fee
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the Goaler has not been repealed since by any order of
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the same Court The Keeper of Newgate can legally
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claim a right to the fee of 13s/4d by virtue of the said Act of
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the County
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Treasurer
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for each person so acquitted and
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discharged out of his Custody
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Some of the Expressions in the Order of the Court of Aldermn. made in 1732
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clash so much with the Report of the Committee agreed to by that Court in
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1744. that it is very difficult to reconcile them except by construing the first
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Order as meaning only to restrain the Goalers from detaining prisoners
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in Custody for their fees but leaving the demand in other respects as it stood
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before the Order. At the same time it must be allowed that the Words in
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the first Order directing acquitted prisoners to be "discharged without paying
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"any fees for or in respect thereof unless it shall be otherwise ordered by the Court
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(that is as I conceive by the Court in which they are tried) seem to abolish
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the right to demand any fee in such Case. Now if this latter be as I
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incline to think it is the true Construction the Question will be whether
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the Subsequent Order and Table of fees amount to a Repeal of the former
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Order as to which I am of Opinion that they do not amount to a repeal
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unless it can be shown that since 1744 the Goaler has frequently taken
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the fee set down in the Table which I believe has not in fact been the
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practice. The Act of Parliament certainly did no mean to create any
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New fees but only to give a Recompence for such as had been usually
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paid upon the whole therefore as it does not appear by any thing stated
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in this Case that any fee for discharge or Acquittal has been usually taken
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by the Goaler since 1732 I am of Opinion that the Goaler of
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Newgate
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is not
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well founded in his present demand on the Treasr. of the Co. of
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Middx
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at
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all Events I shd. advise the demand not to be complied with without
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the determination of a Court of Law as to submit to it must fix a large
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and lasting Expence on the County
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Edwd, Bearcroft
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Line: Inn 8th. Jany 1779
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All which the Committee Submit Etc Etc
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Etc
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And
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