i Exception Future eflates ors to be lia affurance, made, entered into, or obtained, for fecuring the payment of any fuch annuity. XXXI. Provided always, That no person fhall be intitled to be discharged from his imprisonment, under the provisions of this act, where the annuity fecured to any one creditor hali exceed the fum of one thousand pounds unless by the consent of fuch creditor. XXXII. Provided alfo, That nothing herein contained fhall of fuch debt- extend to exempt or discharge the future eftate or effects, reai or perfonal, of any fuch debtor or debtors, as are laft hereinbefore mentioned, from being liable to the payment of fuch annuity debts as aforefaid. ble to payment of annuities. Gaoler, or printer of the Gazetre, etc. with the regu offence, with treble coits. XXXIII. And be it further enacted by the authority afórefaid, That if any gaoler or keeper of any prifon, or his deputy or deputies, fhall, without juft caufe, to be approved of by the not complying juftices at some general quarter fellion or general feffion of the lations of this peace, or adjournment thereof, within their refpective jurifact, to forfeit dictions, refuse or delay to bring any fuch prifoner or prisoners 100l. for each as aforefaid, to any fuch general quarter feffion, or general feffion, or fome adjournment thereof, in order to his or her dif charge, or fhall neglect, refufe, or defignedly omit to infert, in any fuch lift, the name or names of any fuch prifoner or prifoners who was or were actually in cuftody in his or their respective gaol or prison, on the faid twenty-eighth day of January, one thousand seven hundred and feventy-eight, or fince; or fhall neglect or refuse to make out, fix up, or deliver fuch lifts as aforefaid; or if any fuch gaoler or keeper, or deputed gaoler or keeper, fhall neglect or refuse to take any of the faid oaths before mentioned, and hereby required to be taken by him; or shall, upon any account or pretence whatsoever, take or receive more than the faid fum of one fhilling herein-before allowed for his or her attendance in order to be discharged of fuch prifoner or prifoners as aforefaid; or fhall detain any fuch prifoner after he or she fhall be difcharged as aforefaid; or if the printer of the London Gazette, or other newspaper as aforefaid, thall wilfully refuse or neglect to infert therein the notice by this act directed to be given, on reafonable requeft to him made for that purpose, and tender of the money hereby directed to be paid; or shall take or receive any fee or gratuity more than two pence as aforefaid for doing thereof; every fuch gaoler and keeper of fuch prifon or prifons, his deputy or deputies, and every fuch printer as aforefaid, thall refpectively forfeit and pay to each prisoner, in any such case injured, the fum of one hundred pounds; which fhall and may be recovered, with treble cofts of fuit, by action of debt, bill, plaint, or information, in any of the courts of record at Westminster, wherein no effoin, protection, or wager of law, or more than one imparlance, fhall be allowed. Gaoler con victed of perjury, to forfeit sool. with full Colts, etc. XXXIV. And be it further enacted by the authority aforefaid, That if any fuch gaoler or gaolers, or keeper or keepers, or any deputed gaoler or keeper, of any prifon, fhall, in taking of the afore mentioned oaths, forfwear or perjure himself, and shall shall thereof be lawfully convicted, fuch gaoler or keeper, or de- tisfaction of the debts of fuch his creditor or creditors. XXXV. And be it further enacted, That if any clerk of the Clerk of the peace refuting peace, or his deputy, or town clerk, or other officer acting as a prifoner a clerk of the peace, fhall delay or refuse to give every or any fuch copy of his prifoner so discharged as aforefaid, within fourteen days after his discharge, or her discharge, a copy of the order of his or her difcharge, on the payment of two fhillings and fixpence; or fhall take more or taking exthan the sum of two fhillings and fixpence for fuch copy; or fhall orbitant fees, take more than one fhilling for an affignment or conveyance of fuch prisoner's estate or effects; every such clerk of the peace, or fall forfeit his deputy, or town clerk, or other officer acting as clerk of the 201. to the prifoner. peace, who shall fo offend, and who fhall be convicted at any fuch general or quarter feffion of the peace, or any adjournment thereof, of any fuch offence, fhall, for every fuch offence, forfeit and pay to every such prisoner the fum of twenty pounds, as the justices of the peace, at any fuch general or quarter fellion of the peace, or adjournment thereof, fhall order; and who are hereby impowered to caufe the fame to be levied by diftrefs and fale of the goods of any fuch clerk of the peace, or his deputy, or town clerk, or other officer acting as clerk of the peace, fo offending. XXXVI. And be it further enacted by the authority afore- Prifoner, etc. faid, That if any prifoner as aforefaid, or any other perfon or convicted of perfons who shall take the benefit of this act, thall forfwear and perjury, to be deemed guilty perjure himself, or themselves, in any oath to be taken under of felony. this act, and shall be lawfully convicted thereof, he, she, or they, so offending, shall be adjudged guilty of felony. XXXVII. And be it further enacted by the authority afore- Perfons difsaid, That no perfon to be difcharged by this act thall, at any this act, not charged by time hereafter, be imprifoned by reafon of any judgement or liable to imdecree obtained for payment of money only, or for any debt, prifonment bond, damages, contempts, cofts, fum or fums of money, con- for debts, etc. tracted, incurred, occafioned, owing, or growing due, before the contracted befaid twenty-eighth day of January, one thoufand feven hundred 1778: and feventy-eight; but that upon every arrest upon every judgement, or such decree, or for such debts, damages, contempts, fore Jan. 28, but no prifoner to be difcharged of debts fuble costs, sum and fums of money, it shall and may be lawful for any judge of the court where the process iffued, or for any two justices of the peace, upon fhewing the copy of the order of fuch prifoner's difcharge or discharges, to release and discharge out of cuftody fuch prifoner or prifoners as aforefaid; and thall, at the fame time, order the plaintiff or plaintiffs, in fuch fuit or fuits, to pay such prifoner or prifoners the cofts he, she, or they, fhall have incurred on fuch occafion, or fo much thereof as to fuch judge or justices fhall feem just and reasonable; and every fuch judge is hereby impowered fo to do on fuch prisoner's caufing a common appearance to be entered for him in every fuch action and suit. XXXVIII. And whereas, under former acts of this kind, doubts have arifen, what was to be done with fuch prifoners who applied at any feffion to be discharged, who owed and food charged with debts, as well previous as fubfequent to the day limited by the respective acts; to remedy which, be it therefore enacted by the authority aforefaid, That no prisoner or prisoners thall be difcharged of any debts fubfequent to the twenty-eighth day of January, one thousand seven hundred and seventy-eight; and if it fhall appear to quent thereto. the juftices, in any feflion or adjournment, that any prifoner or prifoners, then applying to them to be discharged, thall ftand charged as well with debts previous to as fubfequent to the faid twenty-eighth day of January, one thousand feven hundred and feventy-eight, that, in fuch cafes, it fhall and may be lawful to and for the justices to discharge the perfon of such prifoner on account of all debts previous to the faid twenty-eighth day of January, one thousand seven hundred and feventy-eight, and to remand him or her back to the cuftody of the keeper of the prison from whence he or she was brought, for all debts with which he or she ftands charged with in his cuftody, fubfequent to the faid twenty-eighth day of January, one thoufand feven hundred and feventy-eight. Juftices, etc. may plead this tion brought against them, act to any ac and recover treble costs. Perfons dif charged may plead generally, etc. to all actions or judgements brought against them before Jan. 28, 1778, etc. XXXIX. And be it further enacted by the authority aforefaid, That if any action of escape, or any fuit or action, be brought against any juftice or juftices of the peace, theriff, gaoler, or keeper of any prifon, for performing their office, in pursuance of this act, they may plead the general iffue, and give this act in evidence; and if the plaintiff be nonfuited, or difcontinue his action, or verdict pafs against him, or judgement upon demurrer, the defendant fhall have treble cofts. XL. And be it further enacted by the authority aforefaid, That if any feire facias, or action of debt, or upon judgement, shall be brought against any prifoner, his or her heirs, executors, or administrators, upon any judgement, obtained against any fuch prifoner or on any ftatute or recognizance acknowledged by him or her, before the faid twenty-eighth day of January, one thoufand feven hundred and feventy-eight, with refpect to prifoners in actual cuftody, or with respect to debtors beyond the feas as aforesaid, upon the faid tenth day of March, one thoufand seven hundred and feventy-eight, it shall be lawful for any น fuch fuch prifoner, his or her heirs, executors, or adminiftrators, to plead generally that fuch prisoner was actually a prifoner in such prison at fuch a perfon's fuit on the twenty-eighth day of January, one thousand (even hundred and seventy-eight, or was or were beyond the feas in foreign parts on the tenth day of March, one thousand seven hundred and seventy-eight; and was or were duly discharged according to this act, at the general quarter feffion or general feffion, or adjournment thereof, held at fuch time and place, for such county, riding, divifion, liberty, city, town, or place, (as his, her, or their cafe is,) without pleading any and in other matter specially; and in cafe any other fuit or action fhall be suits, may commenced against him, her, or them, for any other debt, fum plead in difcharge of their or fums of money, due before the faid twenty-eighth day of perfons from January, one thousand seven hundred and feventy-eight, or the execution. tenth day of March, one thousand seven hundred and feventyeight, to plead in difcharge of his or her perfon from execution, (over and above fuch matters as aforesaid,) that such debt or fum of money (as the case shall happen) was contracted or due before the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, or the tenth day of March, one thousand seven hundred and feventy-eight, without pleading any other matter fpecially; whereto the plaintiff fhall or may Plaintiff may reply generally, and deny the matters pleaded as aforefaid, or reply generalreply any other matter or thing which may fhew the faid defen- ly, etc. dant not to be intitled to the benefit of this act, or not duly difcharged according to it, in the fame manner as the plaintiff might have replied, in cafe the defendant had pleaded this act, and his discharge, by virtue of this act, specially; and if the but if nonfuitplaintiff be nonfuited, difcontinue his action, or verdict pafs ed, to pay against him, or judgement on demurrer, the defendant to have Treble cofts. 1 treble cofts. cluded the be XLI. Provided always, That nothing in this act contain- Attornies or ed fhall extend, or be conftrued to extend, to release or fervants emdischarge any attorney at law, or folicitor, or any other perfon bezze:ing moor perfons acting, or pretending to act as fuch, with regard to ney, etc. exany debt with which he or they thall ftand charged for any mo- nefit of this ney, or other effects, recovered and received by him or them, act. for the use of any perfon or perfons, bodies corporate or politick, and by any attorney, folicitor, or other person or persons acting as such, embezzled, concealed, or converted, to his or their own use, or to release or discharge any fervant or agent, or any perfon or perfons employed or intrufted as fuch, with regard to any debt or demand with which he, she, or they shall stand charged, for and on account of any money, goods, or other effects, received or poffeffed by him, her, or them, for the use, and on account of his, her, or their mafter or mafters, or employers, and by fuch fervant or agent embezzled, concealed, or converted to his, her, or their own ufe; any thing herein contained to the contrary thereof in any-wife notwithstanding. XLII. And whereas many evil-difpofed perfons, to support their Perfons who, profligate way of life, have, by various fubtle ftratagems, threats, and by falfe predevices, tences, have H 3 excluded the act. obtained mo- devices, fraudulently obtained divers fums of money, goods, wares, ney, goods,etc. merchandizes, bonds, bills of exchange, promissory notes, or other febenefit of this curities for money, to the great injury of indufirious families, and to the manifeft prejudice of trade and credit; be it enacted, That no prifoner, who knowingly and defignedly, by false pretence or pretences, thall have obtained from any perfon or perfons, money, goods, wares, merchandizes, bonds, bills of exchange, promiffory notes, or other fecurities for money, fhall have or receive any benefit or discharge by or under this act; but the juftices, at any general or quarter feffion of the peace, or any adjournment thereof, before whom any fuch prifoners fhall be brought, upon due proof of the matter, made to their fatisfaction, thall remand fuch prifoner to the cuftody of the gaoler or keeper of the prifon from whence he or the fhall have been brought; any thing herein contained to the contrary notwithstanding. Any perfon having fold affigned any part of his éstate or cf or fects, after be ing in custody, with design to defraud his XLIII. And whereas many debtors have, with a view to defraud their creditors, fold, transferred, conveyed, or affigned their eftate and effects to fome perfon or perfons, fubfequent to their being in cuftody of law, or imprisoned under fome process for debt: and whereas fuck fale, transfer, conveyance, or affignment, has been frequently made, to the infinite prejudice of the fair and beneft creditor, though fufficient proof could not be obtained to convict the party of a fraudulent defign; be creditors, shall it enacted, That whenever it fhall be proved by one or more Jofe the benefit credible witnefs or witneffes to the fatisfaction of the court, to of this act. which any prifoner fhall be brought up, in order to obtain his or her discharge, that fuch prifoner has fold, transferred, conveyed, or affigned, to any perfon or perfons, all or any part of his eftate or effects, fubfequent to the time of his imprisonment, or of his being in cuftody of law, without juft caufe for fo doing, to be allowed by the juftices prefiding in fuch court as aforefaid; every fuch prifoner thall lofe all the benefits and advantages that he might have otherwife claimed under the authority of this act, and shall not be intitled to his or her difcharge: and every fuch fale, transfer, conveyance, or affignment, is hereby declared to be null and void. Gaoler to per the lift, or gazette, etc. XLIV. And be it further enacted by the authority aforefaid, mit the fpeak- That every gaoler or keeper of any prifon thall, and is hereby ing in private to prifoners, required to fuffer, in the day-time, any perfon or perfons defirwhofe names ing the fame, to fee and speak, in the lodge, or fome convenient are inferted in room in the faid prifon, with any prifoner or prisoners, whose names are inferted in the afore-mentioned lift or lifts, or London Gazette, or other newfpapers, or any of them, or any perfons furrendering themselves pursuant to this act ; and alfo fee, in the true and genuine books of the faid prifon, the entries made of the name or names of fuch prifoner or prifoners, together with the name or names of the perfon or perfons at whofe fuit or fuits he, fhe, or they, are detained: and if any fuch gaoler or keeper fhall neglect or refufe to comply with what is here above required, every fuch gaoler or keeper, who fhall fo offend in the premifes, fhall forfeit and pay, to the perfon fo refused and aggrieved, and the examining origi. nal books of entries, etc. on penalty of 40l. with cofts of fuit. the |