the fum of forty pounds; to be recovered, with cofts of fuit, by action of debt, bill, plaint, or information, in any of the courts at Westminster, wherein no effoin, protection, wager of law, or more than one imparlance, fhall be allowed, by and in the name or names of the perfon or perfons fo refufed and aggrieved. or money in charge, liable XLV. And whereas feveral perfons, who have taken the benefit of Prifoners fuacts of infolvency, from a difficulty of obtaining a new credit to fet ture eftates, themselves up in their ufual trades and occupations, (as their future the funds, effects have been made liable to their debts previous thereto) have gone notwithstandabroad for the better maintainance of themfelves and families, carrying ing their perthe arts and manufactures of this country to our enemies, or rivals in fonal diftrade: in order to prevent fuch evil for the future, be it enacted, to creditors; That the future real eftates, as well freehold and copyhold, as customary copyhold, falaries of offices under government money, or money in the funds, or lent upon real fecurity only, of every fuch perfon or perfons, prifoner or prifoners, fugitive or fugitives, which, after the time of his, her, or their total furrender of his, her, or their estates and effects, under fuch acts, he, the, or they, thall or may be feized of, in his, her, or their own right or use, by grant, demife, or purchase, fhall remain and be liable to his, her, and their respective creditors, as before the making of this act; and any creditor or creditors of any fuch prifoner or prifon- who may fue ers, fugitive or fugitives, may, at any time hereafter, fue out out execution, but not against execution, extents, or other procefs, against fuch real estate or their perfons, money in the funds as aforefaid, of such person or perfons, on any judgement at the time of fuch difcharge recovered, or ftatute ftaple, or recognizance acknowledged by, or decree obtained against any such prifoner or fugitive, but not against his, her, or their perfon, or his, her, or their perfonal estate or effects, except money in the funds obtained or accrued fince such time of fuch difcharge, other than as aforesaid. or perfonal effects, etc. debts due at XLVI. And be it alfo enacted, That any creditor or credi- Creditors may tors of any prifoner or prisoners, fugitive or fugitives, who fhall fue for the be discharged under this act, may, at any time after any fuch recovery of difcharge, commence and profecute any action or fuit against any the time of fuch prifoner or fugitive, his, her, or their respective heirs, exe- prifoner's dif cutors, or adminiftrators, for the recovery of any fun or fums of charge, money which thall be due from any fuch prifoner or prifoners, fugitive or fugitives, at the time of his or their faid difcharge, but fhall not hold the perfon of any fuch prifoner or fugitive to but not hold fpecial bail; nor shall take the perfon, or perfonal estate and ef- the prifoner to fects, other than as aforefaid, of any fuch prifoner or fugitive, in fpecial bail, execution, by any judgement, fentence, or decree, which fhall nor take bis perfon, etc.. have been, or hereafter may be recovered or obtained against any by any judgefuch prisoner or fugitive; and any judge of the court, out of ment recoverwhich fuch execution fhall iffue, fhall have power to difcharge ed againft him. the fame by virtue of this act : and in any action or fuit, which No advantage fhall be hereafter commenced against any fuch prifoner or fugi- to be taken of tive, his or her heirs, executors, or adminiftrators, no benefit or the care of advantage fhall be had or taken, for that the cause of action did action not acnot accrue within three years next before the commencing of any cruing within fuch 3 years, etc. H 4 Gaoler mak ing falfe en tries in prison with treble Prisoners re- clare the abode, etc. of he is detained, fuch action or fuit; nor fhall any statute or limitation be pleadable, or be allowed to be pleaded in bar of or in any fuch action or fuit, which (hall be hereafter commenced by any fuch creditor or creditors against any fuch prifoner or prifoners, unless such cause of action or fuit did not accrue within three years next before any fuch prifoner or fugitive fhall be discharged under this act; and, in any fuch cafe, the fame may be pleaded by any fuch prifoner, his or her heirs, executors, or adminiftrators. XLVII. Provided always, and be it likewife enacted, That by the discharge of any prisoner or fugitive by force of this act, no other person or perfons who was or were partner or partners in trade with any fuch prifoner 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 fuch prisoner or fugitive, or engaged in any contract together with any fuch prifoner or fngitive, fhall be difcharged from any fuch debt or demand; but every fuch other perfon and perfons fhall feverally stand and be chargeable with, and liable to pay, fuch debt and debts, and to perform fuch contracts, in like manner as if any fuch prifoner or fugitive had never been difcharged from the fame. XLVIII. And be it further enacted, That if any gaoler or keeper, or reputed gaoler or keeper, of any prifon or prifons, fhall make, or caufe to be made, any falfe entries in any book or books belonging to any prifon or gaol under his care, or of which he is or was gaoler, or fhall prepare or keep, or cause to be prepared or kept, any false book or books, in order for any false or untrue entry, or entries to be made therein; or shall insert in any lift, to be delivered in as aforefaid, the name or names of any person or perfons who was not a prifoner or prifoners in actual cuftody in any fuch gaol or prifon upon the faid twentyeighth day of January, one thousand feven hundred and feventyeight, or shall not have ever fince remained in fuch actual cutody (except as in the oath of any fuch gaoler or keeper, or. deputed gaoler or keeper, fhall be excepted,) every fuch gaoler or keeper, or deputed gaoler or keeper, thall, over and above the penalties which he fhall be liable to for every fuch fraud, forfeit and pay the fum of five hundred pounds; to be recovered, with treble cofts of fuit, by and in the name, and for the ufe, of any perfon or perfons who fhall be prejudiced by any entry, or such falfe entries; which penalties fhall and may be recovered by action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster; wherein no effoin, protection, or wager of law, or more than one imparlance, fhall be allowed. XLIX. And be it further enacted, That if any prisoner, being thereunto required by any creditor, fhall refufe to discover and declare the trade or occupation, and habitation, or last place of abode, of the perfon or perfons at whofe fuit he or she is detained or charged in cuftody; or, being called for and defired, by any creditor or creditors, to come to the lodge of the prison in which any fuch prisoner fhall be confined, without fome reafonable caufe being made appear to the contrary; every fuch pri foner this act. foner, upon proof being made thereof before the juftices at any to be excluded general or quarter feffion of the peace, or any adjournment thereof, the benefit of to be held as aforefaid, shall not have or receive any benefit or discharge by or under this act; any thing herein contained to the contrary thereof in any-wife notwithstanding. L. And whereas there is but one common or county gaol for each of Justices may the respective counties of York, Lincoln, Lancaster, and Durham, affemble at or which faid counties are each of them divided into feveral ridings or near any divifions, all which have feveral commiffions of the peace; and if the and hold a county gaol, gaolers of thofe gaols be obliged to carry the debtors, prisoners therein, feffion there to the quarter feffion of each riding or divifion, the fame will be a very for difcharge great charge, not only to fuch gaolers, but also to the prifoners in thofe of prifoners. large counties; be it therefore enacted by the authority aforefaid, That it fhall and may be lawful for two or more justices of the peace for any of the ridings or divifions in the refpective counties, (or any other county or counties where the prifons are at a diftance from the place where the feffions are held,) at the common or county gaol thereof refpectively, or at fome convenient place near thereto, and they are hereby required to affemble and meet, and to hold feffion, there, by adjournment from their respective quarter feffion, from time to time, for the difcharge of the refpective prifoners therein, according to the powers, limitations, and directions of this act. for the district prifoners. LI. And whereas the divifion or district of Holland in the faid The juftices county of Lincoln, is diftant near forty miles from the faid county of Holland in gaol, and it is highly inconvenient and expenfive for the juftices of the Lincolnshire, peace acting for the faid divifion, to be obliged to travel to the faid may adjourn gaol, for the fole purpose of difcharging the prisoners under the to the county powers by this at given; be it therefore enacted, That, for the gaol, etc. for feveral purposes aforefaid, the juftices for the faid divifion or discharging diftrict of Holland, may adjourn their original feffions to the county gaol, or fome place near thereunto; and that it may and thall be lawful for any two juftices of the peace, acting either for the parts of Lindsey, Kefteven, or Holland, to hold fuch adjourned feffions for the fole purpose of difcharging fuch prifoners; notice of the adjournment of fuch original feffion being given by the clerk of feffions to fuch juftices, and who fhall attend there to register the proceedings of the faid court, so far as the fame relate to or affect the discharge of any prisoner detained for debt in the divifion of Holland, and claiming the benefit of this act. oaths, etc. LII. And whereas the next general quarter feffions of the peace for Juftices for the the county of Surrey, which shall happen after the paffing of this act, county of may be in the country, and upwards of twenty miles from any of the affemble at the faid prifons; be it therefore enacted by the authority aforefaic, town-hall of That it fhall and may be lawful for fuch juftices as (hall be af- Southwark for fembled at the general quarter feffion of the peace to be holden administering for the county of Surrey, next after the passing of this act, and they are hereby required forthwith to adjourn the faid feflion to the town hall in the borough of Southwark, for the purpose of adminiftering the oaths required to be taken and fubfcribed by this act, by the feveral gaolers within the faid county wherein any prifoner or prifoners are confined, and to the discharging fuch Surrey, to affemble their respective courts for administering oaths, etc. such respective prisoner or prifoners confined therein, according to the powers, limitations, and directions of this act. Juftices of LIII. And whereas the next general quarter Jeffion of the peace for London, Mid- the city of London, and general quarter feffions for the counties of dielex, and Middlesex and Surrey, will not be held until the middle of July, which will be the means of detaining in prifon a number of perfons who, with their families, are in the greatest distress; be it enacted by the authority aforefaid, That it shall and may be lawful for any two or more of the juftices of the peace for the city of London and the counties of Surrey and Middlefex, to affemble their respective courts as foon as may be after pafling this act, for the purpose of adminiftering the oaths, and other the matters required by this act, and to appoint fuch day or days for the difcharge of prifoners as they fhall fee proper; and every person or perfons fo cleared at fuch meeting as aforefaid, fhall receive all the benefits accruing to him by this act, in the fame manner as if fuch business had been done at any general quarter feffion, or general feffion of the peace, or adjournment thereof; any thing in this act to the contrary notwithstanding; and fuch justices are hereby required to caufe to be inferted in the London Gazette, notice of the day or days on which they will fit, for the difcharge of fuch prifoners, and other the purposes directed by this act, (which notice fhall be inferted in the London Gazette thirty days previous to fuch time.) and to give discharge pri foners. Prifoners who are kept in custody for payment of fees, etc. to LIV. And be it further enacted by the authority aforesaid, That all debtors and others, who were in prifon on or before the faid twenty-eighth day of January, one thousand seven hundred and feventy eight, or fince, in any of the gaols of this kingbe discharged. doin, 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 prifon respectively, or to any other officer of fuch prifon, and upon no other account, thall be difcharged therefrom, he, the, or they, taking the oath by this act required to be taken by prifoners. This act not to extend to crown; LV. Provided always, and it is hereby further enacted by the authority aforefaid, That this act thall not extend, or be debtors to the conftrued to extend, to discharge any perfon out of prifon, feeking his or her discharge under this act, with respect to any debt or penalty with which he or the fhall ftand charged at the fuit of the crown, or at the fuit of any theriff or other publick officer, upon any bail bond entered into for the appearance of any perfon profecuted for any offence committed against any act or acts. of parliament relative to his Majefty's revenues of cuftoms, excife, or falt duties, or either of them. nor to prisoners who owe more than 1000l. to one perfon, unless fuch creditor confent: LVI. Provided alfo, That this act shall not extend to discharge any person out of prison, feeking his or her discharge under this act, who fhall be charged in cuftody by any body politick or corporate, or by any one perfon, on or before the faid twentyeighth day of January, one thousand feven hundred and feventyeight, in any fum exceeding the fum of one thousand pounds, befides intereft and cofts, and whose discharge shall be in court opposed opposed by such body politick or corporate, or one perfon; (except fuch perfon or perfons who thall have been bound in Exception. fecurity for any other perfon or perfons to a larger amount, and it hall appear, to the fatisfaction of the court, that fuch perfon or perfons fo bound, or giving, or joining in, fuch fecurity, hath or have not received, or applied to his, her, or their own proper and separate use or benefit, any part of the fum or sums of money so due and owing as aforefaid; and also except such person or persons who now is or are, and was or were, prisoner or prifoners in the actual cuftody of any gaoler or keeper of any prifon in this kingdom refpectively, at the time of paffing the late act for relief of infolvent debtors, and who was or were deprived taking or receiving the benefit of the faid act, arifing from their debt or debts to any one creditor exceeding the fum of one thousand pounds as aforefaid; provided fuch debt or debts due to any one creditor do not exceed the fum of one thousand five hundred pounds, befides intereft and cofts:) and if any fuch Creditors opbody politick or corporate, creditor or creditors, to whom a fum pofing prifonexceeding one thousand pounds fhall be owing, thall oppofe the er's difcharge, discharge of fuch prifoner, (except as aforefaid,) and thall infift 3s. 6d. per that fuch prifoner be continued in gaol; that then, and in fuch week: cafe, fuch body politick or corporate, or creditor or creditors, oppofing the faid prifoner's discharge as aforefaid, thall, at his, her, or their proper costs and charges, allow and pay, in thẹ whole, fuch a weekly maintenance to the faid prifoner, not exceeding four fhillings, nor less than three thillings and fixpence per week, in fuch manner as the faid juftices, in their general quarter feffion, or adjournment thereof, thall order; and, upon and on nonnonpayment of the fame for the space of fourteen days, the faid payment for prifoner, upon application to the faid juftices in their general or two weeks, prifoner to be quarter feflion, held as aforesaid, fhall be discharged, pursuant to difcharged. the intent and meaning of this act. to allow himn to be final LVII. And whereas, under former acts, creditors have been put Determinato great expences and trouble in attending every feffion and adjourn- tion of juftices ment, during the whole continuance of the act, to oppofe the difcharge with respect of prisoners clearly excluded from any benefit under the faid respective to the retenacts, but who, after having been before one feffion heard, and refused tion of any a discharge, to harrafs their creditors, constantly gave fresh notices for prifoner; each fubfequent feffion and adjournment of their intended application to be difcharged; to remedy which, be it further enacted by the authority aforefaid, That in all cafes whatever, the determination of the juftices in feffion or adjournment fhall be final to all intents and purposes, unless the prifoner fhall, during the conti- unless the prinuance of this act, get rid of the objection or objections for foner get rid which they refused his difcharge; and, that the fame may be of the objec tions for which clear and certain, the juftices are hereby required to state the they refused objections why fuch prifoner's difcharge is refufed by them; and, his difcharge. in all cafes whatever, it fhall and may be lawful to and for the Justices, on justices, at any fubfequent feffion or adjournment, upon applica- proof by two tion from the prifoner, upon due proof on oath made to them, witneffes of by two or more credible witnesses, (which oath they are hereby objections beiming removed, |