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Prisons in local jurisdictions shall be abolished, and persons arrested within such jurisdictions shall be imprisoned in the county gaol, &c., but shall be taken to be in the custody of the court out of which process shall issue.
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96. [Recital.] All and every person and persons who at any time shall or may be arrested or confined under any mesne or final process, civil or criminal, issuing out of or from any court of local or inferior jurisdiction, having legal authority for that purpose, and which authority shall have been used or acted upon at any time within six years next before the first day of January one thousand eight hundred and twenty-seven, shall and may be committed to the common gaol of the county, county of a city, or county of a town, as the case may be, in which such town corporate or other place is situated, under like authority and in like manner as any person arrested under such process was, before the passing of this Act, liable to be committed to the local prison attached to such court of inferior jurisdiction: Provided always, that every person so committed shall, to all intents and purposes, be deemed and taken to be in the custody of the court out of which such process shall issue, or of the proper officer of or under such court, in the same manner as if such person had been committed to such local prison; . . . and that no action for escape or other action shall or may be maintained against the lord of any liberty or franchise, or the officer of any inferior court of jurisdiction, for or by reason of the sending or committal of any person as aforesaid to the general gaol of any such county, county of a city, or county of a town as aforesaid, or for any matter or thing necessarily done or committed for the purposes aforesaid, although such person may thereby be removed and taken out of any such town corporate, liberty, or other place, having such court of inferior jurisdiction as aforesaid.
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