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assurance, made, entered into, or obtained, for securing the payment of any such annuity.
Exceptior. XXXI. Provided always, That no person shall be infilled to be discharged from his imprisonment, under the provisions of this act, where the annuity secured to any one creditor shall exceed the sum of one thousand pounds unless" by "the consent of such creditor.
Future estates XXXII. Provided also, That nothing herein contained shall ^•i^be^a" extenc* t0 exemPt or discharge the future estate or effects, real ble to pay- * or pessonaU of any such debtor or debtors, as are [aft hereinmerit of an- before mentioned, from being liable to the payment of such annuities, nuity debts as aforesaid.
Gaoler, or XXXIII. And be it further enacted by the authority afore
printer of the said, That if any gaoler or keeper of any prison, or his deputy Gazette, etc. or deputies, shall, without just cause, to be approved of by the w^thtb^P^ at ^ome §eneral quarter session or general session of the
htionVosthis Peace> or adjournment thereof, within their respective jurisact, to forfeit dictions, refuse or delay to bring any such prisoner or prisoners 1001, for each as aforesaid, to any such general quarter session, or general sesot*tncec' TM?h sion, or some adjournment thereof, in order to his or her diftie ie coi fc. charge, or (hall neglect, refuse, or designedly omit to insert, in any such list, the name or names of any such prisoner or prisoners who was or were actually in custody in his or their respective gaol or prison, on the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, or since; or., (hall neglect or refuse to make out, six up, or deliver such lrsts as aforesaid; or if any such gaoler or keeper, or deputed gaoler or keeper, (hall neglect or refuse to take any of the said 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 said sum of one shilling herein-before allowed for his or her attendance in order to be discharged of such prisoner or prisoners as aforesaid; or shall detain any such prisoner after he or she (hall be discharged as aforesaid or if the printer of the London Gazette^ or other newspaper as aforesaid, (hall wilfully refuse or neglect to insert therein the notice by this act directed to be given, on reasonable request 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 aforesaid for doing thereof; every such gaoler and keeper of such prison or prisons, his deputy or deputies, and every such printer * as aforesaid, (hall respectively forfeit and pay to each prisoner, in
any such'case injured, the sum of one hundred pounds; which shall and may be recovered, with treble costs of suit, 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, (hall be allowed. Gaokr con- XXXIV. And be it further enacted by the authority aforevictedof per- ra*,(j5 That if any such gaoler or gaolers, or keeper or keepers, ,%Ur^ with^ull or any deputed gaoler or keeper, of any prison, shall, in-taking bolts 'etc. -of the afore mentioned paths., forswear or perjure. himself, • and '' shall shall thereof be lawfully convicted, such gaoler or keeper, or deputed gaoler or keeper, of such prison or prisons, (over and above such penalties as may be inflicted on persons convicted of perjury), shall, upon every such conviction, forfeit and pay the sum os five hundred pounds; to be recovered with full costs, by bill, plaint, or information, or action of debt, in any of his Majesty's courts of record at Westminster^ wherein no essoin, protection, or wager of law, (hall be allowed, by and in the name of such person or persons, his and their executors and administrators, to whom any assignment or conveyance, in pursuance of this act, shall be made, of the estate and effects of such prisoner or prisoners; and if no such assignee or assignees shall be .living, then in the name or names of any other creditor or creditors who (hall sue for the said penalties; to be applied, One moiety Application of to the informer or informers, and the other moiety towards fa- the P£naity* tisfaction of the debts of such his creditor or creditors.
XXXV. And be it further enacted, That if any clerk of the C^ peace, or his deputy, or town clerk, or other officer acting as a^d^ne^a^ clerk of the peace, shall delay or refuse to give every or any such copy of his prisoner so discharged as aforesaid, within fourteen days after his dilcharge,
or her discharge, a copy of the order of his or her discharge, on the payment of two shillings and sixpence; or shall take more or faking ex* than the sum of two shillings and sixpence for such copy ; or shall ^itant tees, take more than one shilling for an assignment or conveyance of such prisoner's estate or effects; every such clerk of the peace, or shall forfeit his deputy, or town clerk, or other officer acting as clerk of the 20 ~ ^,the peace, who shall so offend, and who mall be convicted at any ^)llloni'1* such general or quarter session of the peace, or any adjournment thereof, of any such offence, snail, for every such offence, forfeit and pay to every such prisoner the sum of twenty pounds, as the justices of the peace, at any such general or quarter session of the peace, or adjournment thereof, shall order; and who are hereby impowered to cause the same to be levied by distress and sale of the goods of any such clerk of the peace, or his deputy, or town clerk, or other officer acting as clerk of the peace, so offending.
XXXVI. And be it further enacted by the authority afore- Prisoner, esc. said, That if any prisoner as aforesaid, or any other person or convicted of persons who shall take the benefit of this act, shall forswear and Peri,iry« to. bc perjure himself, or themselves, in any oath to be taken under Qf p)ity this act, and shall be lawfully convicted thereof, he, she, or they, so offending, shall be adjudged guilty of felony.
decree obtained for payment of money only, or for any debt, priionment bond, damages, contempts, costs, sum or sums of money, con- for debts, ere. tracted, incurred, occasioned, owing, or growing due, before the ^e^an-g6" said twenty-eighth day of January^ one thousand seven hundred ,°77S; '* 9 and seventy-eight; but that upon every arrest upon every judgement, qr such decree, or for such debts, damages, contempts, : H 2 costs.
"costs, sum and sums of money, it shall and may be lawful for any judge of the court where the process issued, or for any two justices of the peace, upon (hewing the copy of the order of such prisoner's discharge or discharges, to release and discharge out of custody such prisoner or prisoners as aforesaid; and (hall, at the same time, order the plaintiff or plaintiffs, in such suit or suits, to pay such prisoner or prisoners the costs he, she, or they, (hall have incurred on such occasion, or so much thereof as to such judge or justices sliall seem just and reasonable; and every such judge is hereby impowered so to do on such prisoner's causing a common appearance to be entered for him in every such action and suit.
XXXVIII. And whereas, undtr former afts of this kind, doubts have arisen, ivbat was to be done with such prisoners who applied at any session to be discharged, who oived hnd food charged ivith debts, as well previous as subsequent to the day limited by the respective ads; to remedy which, be it therefore enacted by the authority aforesoner°tobe *a^' That no prisoner or prisoners lhall be discharged of any discharged of debts subsequent to the twenty-eighth day of January, one thoudebts subse- sand seven hundred, and seventy-eight; and is it shall appear to quent thereto, the justices, in any session or adjournment, that any prisoner or prisoners, then applying to them to be discharged, shall stand charged as well with debts previous to as subsequent to the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, that, in such cases, it shall and may be lawful to and for the justices to discharge the person of such prisoner on account of all debts previous to the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, and to remand him or her back to the custody of the keeper os the prison from whence he or she was brought, for all debts with which he or slie stands charged with in his custody, subsequent to the said twenty-eighth day of January, one thousand seven hundred and seventy-eight. Justices, etc. XXXIX. And be it further enacted by the authority aforesaid, may plead this yjiat jf any action of escape, or any suit or action, be brought tion^oug^t against any justice or justices of the peace, uheriff, gaoler, or against them, keeper of any prison, for performing their office, in pursuance of this act, they may plead the general issue, and give this act in ar.d recover evidence; and if the plaintiff be nonsuited, or discontinue his treble costs, action, or verdict pass against him, or judgement upon demurrer,
the defendant lhall have treble costs. Persons dis- XL. And be it further enacted by the authority aforesaid, charged may That if any feire facias, or action of debt, or upon judgement, plead gene- shall be brought against any prisoner, his or her heirs, executors, r^yi ?tc*to or administrators, upon any judgement, obtained against any jud dements ** ^ucn Prise>ner or on any statute or recognizance acknowledged brought by him or her, before the said twenty-eighth day of January, one against them thousand seven hundred and seventy-eight, with respect to pribesore Jan. foners in actual custody, or with respect to debtors beyond the *8> 1778, etc. j-eag as aforesaid upon the said tenth day of March, one thousand seven hundred and seventy-eights it shall be lawful for any u such such prisoner, his or her heirs, executors, or administrators, to plead generally that such prisoner was actually a prisoner in such prison at such a person's suit on the twenty-eighth day of January^ one thousand seven hundred and seventy-eight, or was or were beyond the seas 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 session or general session, or adjournment thereof, held at such time and place, for such county, riding, division, liberty, city, town, or place, (as his, her, or their cafe is,) without pleading any and in other matter specially; and in case any other suit or action shall be suits, may commenced against him, her, or them, for any other debt, sum £ha^eoflhcir or sums of money, due before the said twenty-eighth day of persons froms January, one thousand seven hundred and seventy-eight, or the execution, tenth day of March, one thousand seven hundred and seventyeight, to plead in discharge of his or her person from execution, (over and above such matters as aforesaid,) that such debt or sum of money (as the cafe 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 seventy-eight, without pleading any other matter specially; whereto the plaintiff mall or may Plaintiff may reply generally, and deny the matters pleaded as aforesaid, or reply generalreply any other matter or thing which may shew the saiddefen- !y» etc* dant not to be intitled to the benefit of this act, or not duly discharged according to it, in the same 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 is nonsuitplaintiff be nonsuited, discontinue his action, or verdict pass ed.to pay against him, or judgement on demurrer, the defendant to have re eco Treble costs.
XLI. Provided always, That nothing in this act contain- Attomies or ed shall extend, or be construed to extend, to release or serves-emdischarge any attorney at law, or solicitor, or any other person bezzring moor persons acting, or pretending to act as such, with regard to ckfdedthe^be any debt with which he or they shall stand charged for any mo- nefit of this ney, or other effects, recovered and received by him or them, act. for the use of any person or persons, bodies corporate or politick, and by any attorney, solicitor, or other person or persons acting as such, embezzled, concealed, or converted, to his or their own use, or to release or discharge any servant or agent, or any person or persons employed or intrusted as such, with regard to any debt or demand with which he, (he, or they (hall stand charged, for and on account of any money, goods, or other effects, received or possessed by him, her, or them, for the use, and on account of his, her, or their master or masters, or employers, and by such servant or agent embezzled, concealed, or converted to his, her, or their own use; any thing herein contained to the contrary thereof in any-wise notwithstanding,
XLII. And whereas many evil-disposed persons, to support their Persons who, profligate way of Use, bave> by various subtle stratagems, threats, and bY false Pre
H 3 * devices, tem;es>have netaioodTe' ^fV*c*s'> fraudulently obtained divers sums of money, goods, ivares, excluded^he* mer^0sr!dizes, bonds, bills of exchange, promissory notes,, or other febenefkof this cur'lt'lesfor money, to the great injury of induslrious families, and to act. the man'sejl prejudice of trade and credit be it enacted, That no
prisoner, who knowingly and designedly, by false pretence or pretences, (hall have obtained from any person or persons, money, goods, wares, merchandizes, bonds, bills of exchange, promissory notes, or other securities for money, (hall have or receive any benefit or discharge by or under this act; but the justices, at any general or quarter session ■of the peace, or any adjournment thereof, before whom any such prisoners mall be brought, upon due proof of the matter, made to their satisfaction, (hall remand such prisoner to the custody of the gaoler or keeper of the prison from whence he or she shall have been brought; any thing herein contained to the contrary notwithstanding;.
Any person XLIII. And whereas many debtors have, with a view to defraud assigned any01 ^r creditors, fold, transferred, conveyed, or assigned their estate and pirt of his effecls to some person or persons, subsequent to their being in custody of estate or t(- law, or imprisoned under some process for debt: aud whereas such sale, sects, after be- transfer, conveyance, or assignment, has been frequently made, to the wish Resign to* lnfinite prejudice of the fair and honest creditor, though sufficient proof defraud his could not be obtained to convid the party of a fraudulent design'-, be creditors, (hall it enacted', That whenever it shall be proved by one or more lose the benefit credible witness or witnesses to the satisfaction of the court, to ot this ac . which any prisoner shall be brought up, in order to obtain his or her discharge, that such prisoner has fold, transferred, conveyed, or assigned, to any person or persons, all or any part of his estate or effects, subsequent to the time ot his imprisonment, or of his being in custody of law, without just cause for so doing, to be allowed by the justices presiding in such court as aforesaid; every such prisoner mall lose all the benefits and advantages that he might have otherwise claimed under the authority os this act, and shall not be intitled to his or her discharge: and every such sale, transfer, conveyance, or assignment, is hereby declared to be null and void.
Gaoler to per- XLIV. And be it farther enacted by the authority aforesaid, mit the fpe^~ That every gaoler or keeper of any prison (hall, and is hereby to^pri loner*, required to suffer, in the day-time, any person or persons desirvvhose namrs ing the fame, to fee and speak, in the lodge, or some convenient are inserted in room in the said prison, with any prisoner or prisoners, whose the list, or names are inserted in the afore-mentioned list or lists, or London gazette, e . Q(2Zette9 or other newspapers, or any of them, or any persons and the exa- surrendering themselves-pursuant to this act ; and also fee, in the mining origi- true and genuine books of the said prison, the entries made of pal b^okeTM the name or names of such prisoner or prisoners, together with entnts, e . ^e name or names of the person or persons at whose suit or suits on penalty of he, she, or they, are detained : and if any such gaoler or keeper 40I. with costs f]laj] neglect or refuse to comply with what is here above requires s^t. e<j^ every fuch gaoler or keeper, who shall so offend in the premises, (hail forfeit-and pay, tq the person so refused and aggrieved >