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the sum of forty pounds; to be recovered, with costs of suit, by action of debt, bill, plaint, or information, in any of the courts at IVcjlminjler, wherein'no eflbin, -protection, wager of law, or more than one imparlance, (hah be allowed, by and in the name or names of the person or persons so refused and aggrieved.

XLV. And whereas several person s<, ivbo have taken the benefit of'Prisoners sa<icls of insolvency, from a difficulty of obtain'wg^ a neiv credit to set Q"^^" In themselves up in their usual trades and occupations, (as their future tbVfunds,m effefts have been made liable to their debts previous thereto) have gone notwithftandabroad for the better maintenance of themselves and families, carrying ing their Perthe aris and manufactures of this country to our enemies, or rivals in ^ahje trade: in order to prevent such evil for the future, be it enacted, to creditors j That the future real estates, as well freehold and copyhold, as customary copyhold, salaries of offices under government money, or money in the funds, or lent upon real security only, of every such person or persons, prisoner or prisoners, fugitive or fugitives, which, after the time of his, her, or their total surrender of his, her, or their estates and effects, under such acts, he, she, or they, (hall or may be seized of, in his, her, or their own right or use, by grant, demise^ or purchase, mall remain and be liable to his, her, and their respective creditors, as before the making of this act 3 and any creditor or creditors of any such prisoner or prison- who may sue ers, fugitive or fugitives, may, at any time hereafter, sue out out execution, execution, extents, or other process, against such real estate or theVr^erfo^s money in the funds as aforesaid, of such person or persons, on 0r personal any judgement at the time of such discharge recovered, or sta- effects, etc, tute staple, or recognizance acknowledged by, or decree obtained against any such prisoner or fugitive, but not against his, her, or their person, or his, her, or their personal estate or effects, except money in the funds obtained or accrued since such time of such discharge, other than as aforesaid.

XLV I. And be it also enacted, That any creditor or credi- Creditors may tors of any prisoner or prisoners, fugitive or fugitives, who shall ^ for the be discharged under this act, may, at any time after any such ^sved^e0f£ discharge, commence and prosecute any action or suit against any the t- j.such prisoner or fugitive, his, her, or their respective heirs, exe- prisoner's discutors, or administrators, for the recovery of any sum or sums of charge, money which shall be due from any such prisoner or prisoners, fugitive or fugitives, at the time of his or their said discharge, but shall not hold the person of any such prisoner or fugitive to but not hold special bail; nor (hall take the person, or personal estate and ef- *he pr|soner to sects, other than as aforesaid, of any such prisoner or fugitive, in Pec,al execution, by any judgement, sentence, or decree, which shall nor take his have been,, or hereafter may be recovered or obtained against any Per^onJ etc.. such prisoner or fugitive; and any judge of the court, out of n-^ntreco^erl which such execution (hall issue, (hall have power to discharge ed against him" the same by virtue of this act: and in any action or suit, which N shall be hereafter commenced against any such prisoner or fugi- to°bae ^ken^of tive, his or her heirs, executors, or administrators, no benefit or the caweof advantage (hall be ha.d or taken, for that the cause of action did action not acnot accrue within three years next before the commencing of any mnng within 'H4 such 3y^,etc.

* such action or suit; nor mail any statute or limitation be piead

able, or be allowed to be pleaded in bar of or in any such action or suit, which shall be hereafter commenced by any such creditor Exception. or creditors against any such prisoner or prisoners, unless such cause of action or suit did not accrue within three years next before any such prisoner or fugitive (hall be discharged under this act; and, in any such case, the same may be pleaded by any such prisoner, his or her heirs, executors, or administrators. Discharge of XLV1I. Provided always, and be it likewise enacted, That prisoner no by the discharge os any prisoner or fugitive by force of this act, hi^ar^e0 no ot^er Per^on or persons who was or were partner or partners sureties.11^ °r *n trac^e any ^ucn prisoner or fugitive, at the time of his or her discharge under this act, or then stood bound, engaged with, or liable to, the payment of any debt with any such prisoner or fugitive, or engaged in any contract together with any such prisoner or fngitive, shall be discharged from any such debt or dernand; but every such other person and persons shall severally stand and be chargeable with, and liable to pay, such debt and debts, and to perform subcontracts, in like manner as if any such prisoner or fugitive had never been discharged from the same. Gaoler mak- XLVIII. And be it further enacted, That if any gaoler or ing false en- keeper, or reputed gaoler or keeper, os any prison or prisons, tries in prison shall make, or cause to be made, any false entries in any book or book or list, books belonging to any prison or gaol under his care, or of with^reb?e° * wnicn ne IS or vvas gaoler, or shall prepare or keep, or cause to costs, be prepared or kept, any falser book or books, in order for any

false or untrue entry,or entries to be made therein; or sliall insert in any list, to be delivered in as aforesaid, the name or names of any person or persons who was not a prisoner or prisoners in actual custody in any such gaol or prison upon the said twentyeighth day of January, one thousand seven hundred and seventyeight, or shall not have ever since remained in such actual custody (except as in the oath of any such gaoler or keeper, or. deputed gaoler or keeper, sliall be excepted,) every such gaoler or keeper, or deputed gaoler or keeper, shall, over and above the penalties which he (hall be liable to for every such fraud, forfeit and pay the sum of five hundred pounds; to be recovered, with treble costs of suit, by and in the name, and for the use, of any person or persons who shall be prejudiced by any entry, or such false entries; which penalties sliall and may be recovered by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at WeJ!mmJier;\s\\^\tm no estbin, protection, or wager of law, or more than one imparlance, lhall be allowed. P tfoners re- XLIX. And be it further enacted, That if any prisoner, beiusingtode- ing thereunto required by any creditor, shall refuse to discover jclare the and declare the trade or occupation, and habitation, or last place ^bode, etc. of 0f abode, of the person or persons at whose suit he or she is dewhofetat ^ tame^ or charged in custody; or, being called for and desired, Jieis detained, by any creditor or creditors, to come to the lodge of the prison gtca in which any such prisoner (hall be confined, without some rea

sonable cause being made, appear to the contrary $ every such prisoner, soner,.upon proof being made thereof before the justices at any to be excluded general or quarter session of the peace, or any adjournment thereof, [[^Sbae^efit °* to be held as aforesaid, shall not have or receive any benefit or discharge by or under this act > any thing herein contained to the contrary thereof in any-wise notwithstanding.

L. And vohereas there is but one common or county gaol for each of Justices may the respective counties of York, Lincoln, Lancaster, and Durham, assemble: at or which said counties are each of them divided into several ridings or "ountTgao! divisions, all which have several commissions of the peace; and if the an(j a * gaolers of those gaols be obliged to carry the debtors, prisoners therein, session there to the quarter session of each riding or division, the same ivill be a very for discharge great charge, not only to such gaolers, but also to the prisoners in those PnJonesSlarge counties; be it therefore enacted by the authority aforesaid. That it (hall and may be lawful for two or more justices of the peace for any of the ridings or divisions in the respective counties, (or any other county or counties where the prisons are ata distance from the place where the sessions are held,} at the common or county gaol thereof respectively, or at some convenient place near thereto, and they are hereby required to assemble and meet, and to hold session, there, by adjournment from their respective quarter session, from time to time, for the discharge of the respective prisoners therein, according to the powers, limitations, and directions of this act.

LL And whereas the division or districl of Holland in the said The justices county ^Lincoln, is distant near forty miles from the said county of^Uandi'^ gaol, and it is highly inconvenient and expensive for the justices of the Lincolnshire, peace acling for the said division, to be obliged to travel to the said may adjourn gaol, for the sole purpose os discharging the prisoners under. the t0 tne county powers by this acl given; be it therefore enacted, That, for the !' etcv for several purposes aforesaid, the justices for the said division or prisoners?** district of Holland, may adjourn the.ir original sessions to the county gaol, or some place near thereunto; and that it may and shall be lawful for any two justices of the peace, acting either for the parts of Lindsey, Kefleven, or Holland, to hold such adjourned ielsionsfor the sole purpose of discharging such prisoners; notice of the adjournment of such original session being given by the clerk of sessions to such justices, and who mall attend there to register the proceedings of the said court, so far as the fame relate to or affedt the discharge of any prisoner detained for debt in the division of Holland, and claiming the benefit of this act.

LIL And whereas the next general quarter sessions of the peacefor Justices for the the county of Surrey, which shall happen after the passing of this acl, 5°""^ °a may be in the country, and upwards of twenty miles from any of the assemble^the said prisons \ be it therefore enacted by the authority aforefaic, town-hall of That it shall and may be lawful for such justices as (hall be as- Southwark for sembled at the general quarter session of the peace to be holden adn^,niftering for the county of Surrey, next after the passing of this act, and °at *,e °* they are hereby required forthwith to adjourn the said session to the town hall in the borough of Southivark, for the purpose of administering the oaths required to be taken and subscribed by this act, by the several gaolers within the said county wherein *my prisoner or prisoners are confined, aa4 to the discharging

sucU

Justices of London, Middlesex, and Surrey, to assemble their relpective' courts tor admi nUtering oaths, etc.

and to give
30 days notice
of sitting ro
discharge pri-
soners.

Prisoners who
are kept in
custody for
payment of
fees, etc. to
be discharged.

This act not to extend to debtors to the crown;

nor to prisoners who owe piore than joool. to one person, unless such creditor consent;

such respective prisoner or prisoners confined therein, according to the powers, limitations, and directions of this act,

LIII. And whereas the next general quarter jefsonof the peace for the city of London, and general quarter sessions for the counties of Middlesex and Surrey, zvill not he held until the middle of July, which will be the means of detaining in prison a number of persons who, with their families, are in the greatest distress; be it enacted by the authority aforesaid, That it shall and may be lawful for any two or more of the justices of the peace for the city of London and the counties of Surrey and Middles ex > to assemble their respective courts as soon as may be after passing this act, for the purpose of administering the oaths, and other the matters required by this act, and to appoint such day or days for the discharge of prisoners as they (ball fee proper 3 and.every person or persons so cleared at such meeting as aforesaid, (hail receive all the benefits accruing to him by this act, in the fame manner as if such business had been done at any general quarter session, or general session of the peace, or adjournment thereof -3 any thing in this act to the contrary notwithstanding; and such justices are hereby required to cause to be inserted in the London Gazette? notice of the day or days on which they will sit, for the discharge of such prisoners, and other the purposes directed by this act, (which notice (hall be inserted iathe London Gazette thirty days previous to such time.)

LIV. And be it further enacted by the authority aforesaid, That all debtors and others, who were in prison on or before the said twenty-eighth day ot January, one thousand seven hundred and seventy eight, cr since, in any of the gaols of this kingdom, and now remain there for not paying their fees, rents, or other demands due, or claimed as due, to the keeper or gaoler of any prison respectively, or to any other officer of such prison, and upon no other account, (hall be discharged therefrom, he, (he, or they, taking the oath by this act required to be taken by prisoners.

LV. Provided always, and it is hereby further enacted by the authority aforesaid, That this act (hall not extend, or be construed to extend, to discharge any person out of prison, seeking his or her discharge under this act, with respect to any debt or penalty with which he or (he shall stand charged at the suit of the crown, or at the suit of any sheriff or other publick officer, upon any bail bond entered into for the appearance of any person prosecuted for any offence committed against any act or acts of parliament relative to his Majesty's revenues of customs, excise, or salt duties, or either of them.

LVI. Provided also, That this act (hall not ex-tend to discharge any-person out of prison, seeking his or herdischarge under this act, who shall be charged in. custody by any body politick or corporate, or by any one person, on or before the said twentyeighth day of January, one thousand seven hundred and seventyeight, in any sum exceeding the sum of one thousand pounds, besides interest and costs, and whose discharge shall be in court

opposed

opposed by such body politick or corporate, or one person; (except such, person or persons who shall have been bound in Exception, security for any other person or persons to a larger amount, and it (hall appear, to the satisfaction of the court, that such person or persons lo bound, or giving, or joining in, such security, hath 1 or have not received, or applied to his5 her, or their own proper and separate use or benefit, any part of the sum or sums of money so due and owing as aforesaid; and also except such person or persons who now is or are, and was or were, prisoner or prisoners m the actual custody of any gaoler or keeper of any prison in tnis kingdom.respectively, at the time of passing the late? act for relief of insolvent debtors, and who was or were deprived taking or receiving the benefit of the said act, arising from their debt or debts to any one creditor exceeding the sum of one thousand pounds as aforesaid; provided such debt or debts due to any one creditor do not exceed the sum of one thousand five hundred pounds, besides interest and costs:) and if any such Creditors op* body politick or corporate, creditor or creditors, to whom a sum ^g^^!sr"e exceeding one thousand pounds (hall be owing, (hall oppose the ^0 allow hinT* discharge of such prisoner, (except as aforesaid,) and shall insist 3S. 6d. per that such prisoner be continued in gaol; that then, and in such week; case, such body politick or corporate, or creditor or creditors, opposing the said prisoner's discharge as aforesaid, shall, at his., her, or their proper costs and charges, allow and pay, in the whole, such a weekly maintenance to the said prisoner, not exceeding four millings, nor less than three (hillings and sixpence per week, in such manner as the said justices, in their general quarter session, or adjournment thereof, (hall order; and, upon and on nonnonpayment of the same for the space of fourteen days, the said payment for prisoner, upon application to the said justices in ther general or two weeks, quarter session, held as aforesaid, shall be discharged, pursuant to ^[sehar^ed ^ the intent and meaning of this act. b

LViL And whereas, under former aft:, creditors have been put Determinato great expenees and trouble in attending every session and adjourn- tion of justices merit, during the whole continuance of the ad, to oppose the discharge ]°\th TM{%$.' os prisoners clearly excluded from any benefit under the said respective to the men, ads, but ivho, after having been before one session heard, and refused tion of any a discharge, to harrass their creditors, constantly gave fresh notices for prisoner^ each Jubsequent session and adjournment of their intended application to he discharged-, to remedy which, be it further enacted by the authority aforesaid, That in all cases whatever, the determination of the justices in session or adjournment mall be final to all intents and purposes, unless the prisoner mall, during the conti- unless the prinuance of this act, get rid of the objection or objections for soner get rid which they refused his discharge; and, that the same may be o/theobjecclear and certain, the justices are hereby required to state the ^ensf°rw^c^ objections why such prisoner's discharge is refused by them ; and, iris dsscharge. in all cafes whatever, it (hall and may be lawful to and for the justices, at any subsequent session or adjournment, upon applica- p^oof^' ^w tion from the prisoner, upon due proof on oath made to them, witnessed of° by two or more credible witnesses, (which oath they are hereby objections be

im* inS removed,

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