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etc. may difcharge fuch prifoner.

Creditor in

tending to op. pofe the dif charge of a prisoner, to give him four days notice thereof,

or pay the expences of his application,

ecc.

No fugitive to obtain a difcharge after Oct. 1, 1780.

Perfons feifed of an estate

the benefit of this act, are

to deliver up the fame to creditors.

impowered to adminifter,) of each objection or objections being removed, and on proof of notice ferved, at least ten days previous to fuch application, on the creditor or creditors who before oppofed his discharge, and of notice likewife inferted in the Gazette, in manner before directed by this act, to order fuch prifoner to be brought before them, and, if they fhall then be of opinion the faid priloner is intitled to the benefit of this act, to order him to be difcharged, he taking the oath, and in all other refpects conforming to the directions of this act.

LVIII. Provided always, and it is hereby further enacted, That when any creditor fhall intend to oppofe the difcharge of any debtor with whofe debt he is charged in custody, at the first quarter feffions of the peace, or any adjournment thereof, he is hereby required to give four days notice of his intention to oppose such discharge to the prifoner, or to leave fuch notice in writing with the keeper or gaoler of fuch prifon, in order that fuch prifoner may be prepared to make his defence; and in cafe no fuch notice fhall be given as aforefaid, previous to fuch quarter feffions or fuch adjournment thereof, and fuch creditor fhall appear to oppose his discharge, and it shall happen that the prifoner is remanded, then fuch creditor fhall pay to fuch debtor the expences of his application and attendance, in any fum not exceeding ten pounds, as the juftices at fuch feffions thall direct

and allow.

LIX. Provided always, That every fugitive or fugitives, intitled, or to be intitled, to the benefit of this act, thall obtain their respective difcharges on or before the first day of October, one thousand seven hundred and eighty, or shall be excluded from all benefit of this act.

LX. And whereas it may happen that feveral perfons, who may claim and be intitled to the benefit of this act, are feifed of an estate tail, claiming tail, in fome freehold or copyhold lands, tenements, or hereditaments, which entail, with the remainders thereupon expectant, they have, by law, power to defeat and bar, either by levying a fine or fines, fuffering a common recovery or common recoveries, or by furrender or Jurrenders thereof, whereby fuch perfon or perfons faid freehold or copyhold lands, tenements, or hereditaments, would be liable to the payment of their debts, and be delivered up, according to the terms of this act, for the benefit of their creditors; be it therefore enacted by the authority aforesaid, That in every fuch cafe, fuch person or persons fo feized as aforefaid, and who fhall be intitled to, and claim the benefit of this act, shall, to all intents and purposes whatsoever in law, be deemed and taken, and is and are hereby declared to be seised of such lands, tenements, and hereditaments, in fee: provided the fame fhall be delivered up to the creditor or creditors of every fuch prifoner, in the fame manner as if such person or persons had actually levied a fine, suffered a common recovery or recoveries, or made a furrender or furrenders thereof, and thereby had become feized in fee; any law, or conftruction of law, to the contrary thereof, in any-wife notwithstanding. Affignees may apply for fur

LXI. And whereas many persons who may take the benefit of this

act,

foners, touch

act, have been great dealers, or otherwife engaged in large tranfac- ther examina-
tions, whereby they may be intituled to fundry and great debts and tion of pi-
demands, of various and intricate natures, and they may be intitled to
ing the difco-
equities of redemption of eftates, subject and liable to mortgages, judge- very of their
ments, and other incumbrances, or to reverfions, remainders, or other effects;
contingent eftates in lands, tenements, or hereditaments, or to other
trufts or interefts in eftates, both real and perfonal, which may not be
Jufficiently defcribed or difcovered in the Schedule, or inventory, before
directed to be delivered in, upon oath, as aforefaid, or which may
want his aid or affistance to adjust, make out, recover, or manage, for
the benefit of the creditors: be it therefore enacted by the autho-
rity aforelaid, That it thall and may be lawful to and for the
respective affignees of the estate and effects of such prifoner or
prifoners who fhall obtain his, her, or their discharge, in pur-
fuance of this act, or any other perfon or perfons duly autho-
rited by them for that purpofe, from time to time, to apply to
any two or more of the juftices of the peace for the county,
riding, divifion, city, town, place, or liberty, where fuch perfon
or perfons fhall be then refiding, thereby defiring that fuch per-
fon or perfons may be further examined as to any matters or
things relating to his, her, or their estate or effects; whereupon and juftices
fuch juftices fhall fend for, or call before them, such person or may fend for
perfons, by fuch warrant, fummons, ways, or means, as they
shall think fit; and, upon such person's appearing, fhall examine ingly.
him, her, or them, as well upon oath as otherwise, as to fuch
matters and things, as fuch affignee fhall defire, relating to the
eftate and effects of fuch perfon or perfons; and if any perfon or
perfons (on payment, or tender of payment, of fuch reasonable Perfons refu
charges as fuch justices fhall judge fufficient) fhall neglect or fing to appear,
refuse to come and appear, not having a lawful excufe, to be on oath, may
made known to fuch juftices, and by them allowed, or, being be committed.
come before them, thall refufe to be fworn, or to answer to all
fuch questions as by fuch juftices fhall be put to him, her, or
them, relating to the difcovery of his, her, or their eftate or
effects, fo vefted, or intended to be vefted, in fuch clerk of the
peace, town clerk, or other officer acting as clerk of the peace,
or in fuch aflignees as aforefaid, that then it fhall and may be
lawful to and for fuch juftices, by warrant under their hands
and feals, to apprehend fuch perfon or perfons fo offending as
aforefaid, and him, her, or them, to commit to the common
gaol, there to remain, without bail or mainprize, until fuch
time as he, she, or they, thall fubmit him, her, or themselves,
to fuch justices, and anfwer upon oath to all fuch lawful que-
ftions as fhall, by fuch juftices, be put to him, her, or them, for
the purposes aforefaid.

and examine
them accord-

or anfwer up

20 per cent.

LXII. And be it further enacted by the authority aforefaid, allowed for discovering, That all and every such person and perfons, who fhall, within within twelve twelve months atter the difcharge of fuch prifoner or prifoners, months, any voluntarily come in and make a difcovery of any part of fuch part of a pridebtor or debtors real or perfonal eftate, as fhall not be com- not comprifed prised in such schedule as aforefaid, before any juftices aforefaid, in his fche

foner's eftate

fhall dule.

!

Discharge obtained fraudu lendly, yoid.

Perfons concealing any eltate or etfects of the prifoner, forfeit tool and double value,

with treble cuits of fuit.

Affignees,

with conient

of the majo rity in value of the credi

tors, may

shall be allowed after the rate of twenty pounds per centum, out of the net produce of fuch debtor or debtors' eftate which thall be recovered on fuch difcovery, and which fhall be paid to fuch perton or perfons fo difcovering the fame, by the affignee or affignees of fuch prifoner's eftate and effects.

LXIII. Provided always, and be it enacted, That notwithftanding the discharge of any prifoner or prifoners by virtue of this act, if it shall hereafter appear the fame was obtained fraudulently, or that any part of the oath taken by any fuch prifoner was not true; then, and in every fuch cafe, every fuch discharge fhall be void, and of none effect.

LXIV. And, for the better difcovery of the efiate and effects of any prifoner who shall be discharged by virtue of this act, be it enacted by the authority aforefaid, That any perfon or persons who thall have accepted of any truft or trufts, and fhall wilfully conceal or protect any eftate, real or perfonal, of any fuch prifoner, from his creditors, and thall not, within thirty days after any affignee or affignees fhall, in purfuance of this act, be chofe of any fuch prifoner's eftate, difcover and difclose to fuch affignee or affignees fuch truft and eftate, in writing, and deliver up or make over the fame to fuch affignee or affignees, he, the, or they, fo offending thall, for every fuch offence, forfeit the fum of one hundred pounds, and alfo double the value of the eftate, either real or perfonal, so concealed, to and for the use of the creditors of any fuch prifoner; to be recovered by action of debt, in any of his Majefty's courts of record at IVeflminfler, in the name or names of the affignee or affignees of fuch prifoner's eftate, together with treble cofts of fuit.

LXV. And be it further enacted by the authority aforefaid, That it fhall be lawful, at all times hereafter, for any affignee or affignees of the eftate or effects of any prifoner or prisoners, who fhall be chofe in pursuance of this act, by and with the confent of the major part in value of fuch prifoner or prifoners' creditors, compound for who fhall be prefent at a meeting, to be held on twenty-one days. debts due to publick notice being previously given, for the purpose hereafter the prifoner's mentioned, in the London Gazette, if the prifoner was in cuftody eltate; in London, or within the weekly bills of mortality, and if not, then alfo in fome newspaper which fhall be published in the county, city, or place, in or near which any fuch person fhall have been in gaol, to make compofition with any person or perfons, debtors, or accountants, to fuch prifoner or prifoners, where the fame hall appear necessary or reasonable; and to take fuch reasonable part of any fuch debt as can, upon fuch compofition, be gotten in full difcharge of fuch debts and accounts, and alfo to fubmit any difference or difpute between fuch alignee or affignees, and any person or perfons, for or on account, or by reafon or means of any matter, cause, or thing relating to fuch prifoner or prifoners' eftate and effects, or to any debt or debts due, or claimed to be due, to or from fuch prifoner or prisoners, to the final end and determination of arbitrators, to be chofen by the faid affignee or affignees, and the major part in value

and may fub mit any difpute relating thereto to ar

bitration;

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value of fuch creditors, and the party or parties with whom. they shall have no difference; and to perform the award of fuch arbitrators, or of any umpire to be chofen by them, or otherwife to settle and agree the matters in difference or dispute between them, in fuch manner as the faid affignee or affignees, with fuch consent as aforefaid, fhall think fit and can agree; and the fame fhall be binding to all the creditors of fuch prifoner or prifoners; and every fuch affignee or affignees is and are hereby indemnified for what they thall fairly do in the premises, in pursuance

of this act.

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prisoners are

the order, as

LXVI. And whereas provifion ought to be made as to what should if affignees become of the cflate and effects of any prifoner or prisoners, fugitive die before the or fugitives, not got in, obtained, or recovered, by any affignee or af- effects of the fignees chofe pursuant to the directions of the feveral acts, at the time got in, and of his or their death or deaths, and whofe heir or heirs, executors, their heirs, adminiflrators, and affigns, refufid to act or meddle therein; to etc. refufe to remedy which, be it enacted, That in all fuch cafes, it hall and act, otder affignees to be may be lawful to and for the creditors of every fuch prifoner or appointed, prifoners, fugitive or fugitives, to chufe a new affignee or af fignees in manner and form as herein-before is directed, and to and creditors obtain a new afligament from the clerk of the peace, or his de- to obtain a puty, town clerk, or other officer acting as clerk of the peace, ment from the new affignpursuant to the order of the juftices, and which faid order the clerk of the faid juftices are hereby required and impowered to direct, (on peace, which due proof on oath being made to them of the death of fuch for the juftices are to direct. mer affignee or affignees, and refufal of his or their heirs, executors, administrators, or affigns, to act or meddle therein); and Clerk of the the faid clerk of the peace, or his deputy, town clerk, or other peace to obey officer acting as clerk of the peace, are hereby impowered to if no affigoobey the fame, and execute fuch affignment accordingly, in ment had been manner and form as if no former affignment had ever been made. made; the faid affignee or affignees, clerk of the peace, or his deputy, town clerk, or other officer acting as clerk of the peace, hereby conforming to all orders and directions made by this act relative to them, or any of them; and to be liable to all fuch pains and penalties as are inflicted on them, or any of them, by virtue of this act, for disobedience in any part thereof, or neglect of duty whatever; and in cafe any fuch affignee or affignees fhall die, and his heirs, executors, adminiftrators, or affigns, fhall refuse to act, that then, and in such case, it thall be lawful for fuch juftices of the peace to appoint a new affignee or affignees, with the like powers and authorities as are given by this act ; and the faid juftices fhall have power, in a fummary way, to oblige the heirs, executors, adminiftrators, and affigns, of fuch affignce or affignees, to account and deliver up all fuch estate and effects as fhall remain in his or their hands, to be applied for the purposes of this act.

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LXVII. And, to the intent and purpose that the estate and effects Affignees of fuch prifoner or prifoners as fhall be difcharged by virtue of this complained act may be duly and faithfully applied for the benefit of his, her, or insufficiency, against for their real creditors, be it enacted by the authority aforefaid, That fraud, mif

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management, it shall and may be lawful to and for the respective courts at or other mif- Westminster, and the courts of great feffions in Wales, and the behaviour;

the court

thereupon is to fommon the parties,

and make fuch orders therein as they fhall

think fit.

Where mutual credit has been given, the Balance to be itated and al

lowed.

principality of Chester, and the counties palatine of Lancaster and Durham, refpectively, from whence any process iffued upon which any fuch prifoner or prifoners was or were committed; or where the process iffued out of any other court to and for the judges of the court of King's bench, common pleas, and exchequer, or of great feffions aforefaid, within their respective jurifdictions, or any one of them, from time to time, upon the petition of any fuch prifoner, or the creditor or creditors of fuch prisoner or prifoners, complaining of any infufficiency, fraud, mismanagement, or other misbehaviour of any affignee or affignees of the estate or effects of any fuch prifoner or prifoners, to fummon all parties concerned, and, upon hearing the parties concerned therein, to make and give fuch orders and directions therein, either for the removal or difplacing fuch affignee or affignees, and appointing any new affignee or affignees in the place or ftead of fuch affignee or affignees fo to be renroved or difplaced, or for the prudent, juft, or equitable management or diftribution of the eftate and effects of any fuch prifoner for the benefit of the respective creditors, as the faid courts or judges respectively thall think fit; and in cafe of the removal or difplacing of any affignee or affignees, and the appointing of any new affignee or affignees, the estate or effects of fuch prifoner or prifoners fhall, from thenceforth, be divefted out of the affignee or affignees fo removed or difplaced, and be vested in, and delivered over to, fuch new affignee or affignees, in the fame manner, and for the fame intents and purposes, as the fame were before vested in the affignee or affignees firft chofe as aforefaid; any thing in this act contained to the contrary notwithstanding. LXVIII. Provided always, and be it enacted by the autho rity aforefaid, That in all cafes where mutual credit hath been. given between any prifoner or prifoners who fhall be discharged in purfuance of this act, and any other perfon or perfons, or body politick or corporate, before the delivery of such schedule or inventory of the estate and effects of fuch prisoner or prisoners, upon oath as aforefaid, the refpective affignee and affignees of fuch prifoner or prifoners is and are hereby authorifed and required, on his and their parts, to ftate and allow an account between them and the other party or parties concerned; and nothing more shall be deemed to be vested in such clerk of the peace, town clerk, or other officer acting as clerk of the peace, or fuch affignee or affignees under fuch clerk of the peace, town clerk, or other officer acting as clerk of the peace, as the estate or effects of fuch prifoner or prifoners, than what shall appear to be justly due to him, her, or them respectively, as and for the balance of fuch account, when truly stated.

Perfons com- LXIX. And whereas many perfons are often committed on attach'mitted for not ments for contempts, for not paying money awarded to be paid under paying money awarded un- fubmiffions to arbitrators by rules of court, or under fubmiffions to arbitration bonds, and which fubmiffions have been made rules of court,

der fubmif

in

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