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etc. may discharge such prisoner.

Creditor intending to oppose the discharge of a prisoner, to give him four days notice thereof,

or pay the expencts of his application, ccc.

No fugitive to obtain a discharge aster Oct. 1,1780.

Persons seised of an estate tail, claiming the benefit of this act, are to deliver up the fame to creditors.

Assignees may apply forfur

impowered to administer,) of each objection or objections being removod, and on proof of notice served, at least ten days previous to such application, on the creditor or creditors who before opposed his discharge, and of notice likewise inserted in the Gazette, in manner before directed by this act, to order such prisoner to be brought before them, and, if they (hall then be of opinion the said priloner is intitled to the benefit of this act, to order him to be discharged, he taking the oath, and in all other respects conforming to the directions of this act.

LVIII. Provided always, and it is hereby further enacted, That when any creditor shall intend to oppose the discharge of any debtor with whose debt he is charged in custody, at the first quarter sessions 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 prisoner, or to leave such notice in writing with the keeper or gaoler of such prison, in order that such prisoner may be prepared to make his defence; and in cafe no such notice (hall be given as aforesaid, previous to such quarter sessiouS; or such adjournment thereof, and such creditor shall appear to oppose his discharge, and it mall happen that the prisoner is remanded, then such creditor shall pay to such debtor the expences of his application and attendance, in any sum not exceeding ten pounds, as the justices at such sessions lhall direct and allow.

LIX. Provided always, That every fugitive or fugitives, intitled, or to be intitled, to the benefit of this act, lhall obtain their respective discharges 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 ivhereas it may happen that several persons, who may claim and be intitled to the benefit of this acl? are seijed os an eflate tail) in some 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, suffering a common recovery or common recoveries, or by surrender or Jurrenders thereof? whereby such person or persons said 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 aft? for the benefit of their creditors? be it therefore enacted by the authority aforesaid, That in every such case, such person or persons so seized as aforesaid, and who stiall 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 shall be delivered up to the creditor or creditors of every such prisoner, in the same manner as if such person or persons had actually levied a fine, suffered a common recovery or recoveries, or made a surrender or surrenders thereof, and thereby had become seized in fee ; any law, or construction of law, to the contrary thereof, in any-wise notwithstanding. LXI. And whereas many persons who may take the benefit of this

aft* acl, have been great dealers, or otherwise engaged in large tranfac- ther examinations, whereby they may be intituled to sundry and great debts and ^g^/^^h demands, of various and intricate natures, and they may be iniitled to ing th^ ^lscoequities of redemption of estates, sub j eft and liable to mortgages, judge- very of their 7hents, and other incumbrances, or to reversions, remainders, or other effects contingent estates in lands, tenements, or hereditaments, or to other trusts or interests in estates, both real and personal, which may not be sufficiently described or discovered in the schedule, or inventory, before direcled i$ be delivered in, upon oath, as aforesaid, or which may want his aid or assistance to adjust, make out, recover, or manage, for the benefit os the creditors: be it therefore enacted by the authority aforesaid, That it mall and may be lawful to and for the respective assignees of the estate and effects of such prisoner or prisoners who shall obtain his, her, or their discharge, in pursuance of this act, or any other person or persons duly authorised by them for that purpose, from time to time, to apply to any two or more of the justices of the peace for the county, riding, division, city, town, place, or liberty, where such person or persons ill a 11 be then residing, thereby desiring that such person or persons may be further examined as to any matters or things relating to his, her, or their estate or effects; whereupon and justices such justices (ball fend for, or call before them, such person or m3y /end for persons, by such warrant, summons, way>, or means, as they ^h^**TM1^ ihall think fit 5 and, upon such person's appearing, shall examine ing{^aCC°r him, her, or them, as well upon oath as otherwise, as to such matters and things, as such assignee shall desire, relating to the estate and effects of such person or persons; and if any person or persons (on payment, or tender of payment, of such reasonable Persons refucharges as such justices shall judge sufficient) shall neglect or lln§ appear, refuse to come and appear, not having a lawful excuse, to be onoath%iay made known to such justices, and by them allowed, or, being be ccminitttd. come before them, shall refuse to be sworn, or to answer to all such questions as by such justices shall be put to him, her, or them, relating to the discovery of his, her, or their estate or effects, so vested, or intended to be vested, in such clerk of the peace, town clerk, or other officer acting as clerk of the peace, or in such assignees as aforesaid, that then it (hall and may be lawful to and for such justices, by warrant under their hands and seals, to apprehend such person or persons so offending as aforesaid, and him, her, or them, to commit to the common gaol, there to remain, without bail or mainprize, until such time as he, she, or they, (hall submit him, her, or themselves, to such justices, and answer upon oath to all such lawful questions as ihall, by such justices, be put to him, her, or them, for the purposes aforesaid. *° Per cent.

LXIL And be it further enacted by the authority aforesaid, Jiscoverin That all and every such person and persons, who (hall, within w\thjn twelve twelve months atter the discharge of such prisoner or prisoners, months, any voluntarily come in and make a discovery of any part of such Part of a pridebtor or debtors real or personal estate, as shall not be com- <oner,S esta*e prifed in such schedule as aforesaid, before any justices aforesaid, "°sche-6

ihall dule.

Discharge obtained fraud u lently, void.

Persons con-
cealing any
c It ate or ef-
fects of the
prisoner, for-
feit Too"! aud
double vaiue>
wuh treble
Co its of laic.

shall be allowed after the rate of twenty pounds per centum, out of the net produce of such debtor or debtors' estate which (hall be recovered on such discovery, and which shall be paid to such person or persons so discovering the same, by the assignee or assignees of such prisoner's estate and effects.

LXI1L Provided always, and be it enacted, That notwithstanding the discharge of any prisoner or prisoners by virtue of this act, if it sliall hereafter appear the fame was obtained fraudulently, or that any part of the oath taken by any such prisoner was not true; then, and in every such case, every such discharge shall be void, and of none effect.

LXIV. And, for the better discovery os the estate and effects of any prisoner who Jhall be discharged by virtue os this acl, be it enacted by the authority aforesaid, That any person or persons who (lull have accepted of any trust or trusts, and sliall wilfully conceal or protect any estate, real or personal, of any such prisoner, vrom his creditors, and (hall not, within thirty days after any assignee or assignees sliall, in pursuance of this act, be chose of any such prisoner's estate, discover and disclose to such "assignee or assignees such trust and estate, in writing, and deliver up or make over the same to such assignee or assignees, he, Ihe, or they, so offending shall, for every such offence, forfeit the sum.of one hundred pounds, and also double the value of the estate, either real or personal, so concealed, to and for the use of the creditors of any such prisoner; to be recovered by action of debt, in any of his Majesty's courts of record at Westminster, in the name or names or the assignee or assignees of such prisoner's estate, together with treble costs of suit.

LXV. And be it further enacted by the authority aforesaid, That it {hail be lawful, at all times hereafter, for any assignee or assignees of the estate or effects of any prisoner or prisoners, who shah be chose in pursuance of this act, by and with the consent of the major part in value of such prisoner or prisoners' creditors, compound for who (hall be present at a meeting, to be held on twenty-one days debts due to publick notice being previously given, for the purpose hereafter mentioned, in the London Gazette, if the prisoner was in custody in London, or within the weekly bills of mortality, and if not, then also in some newspaper which sliall be published in the county, city, or place, in or near which any such person (hall have been in gaol, to make composition with any person or persons, debtors, or accountants, to such prisoner or prisoners, where the fame shall appear necessary or reasonable ; and to take such reasonable part os any such debt as can, upon such compositions be gotten in full discharge of such debts and accounts, and also to submit any difference or dispute between such assignee or assignees, and any person or persons, for or on account, or by reason or means of any matter, cause, or thing relating to such prisoner or prisoners' estate and effects, or to any debt or debts due, or claimed to be due, to or from such prisoner or prisoners, to the final end and determination of arbitrators, to be chosen by the said assignee or assignees^ and the major part in

valu£

Assigns es, v.Hii couiertt of the irajority in value of the creditors, may

the prisoner's estate \

aud may sub mit any dispute relating thereto to arbitration i

value of such creditors, and the party or parties with whom they (hall have no difference; and to perform the award of such arbitrators, or of any umpire to be chosen by them, or otherwise to settle and agree the matters in difference or dispute between them, in.such manner as the said assignee or assignees, with such consent as aforesaid, shall think fit and can agree; and the same shall be binding to all the creditors of such prisoner or prisoners; and every such assignee or assignees is and are hereby indemnified for what they ihall fairly do in the premises, in pursuance of this act.

. LX VI. And whereas provision ought to be made as to what should If assignees become of the cjlate and effetls of any prisoner or prisoners, fugitive ^ ^of^6 or fugitives, not got in, obtained, or recovered, by any assignee or of pri^e°s ^ fignees chose pursuant to the directions of the several asls, at the time o0t in, and of his or their death or deaths, and whose heir or heirs, executory their heirs, adminifrators, and assigns, refused to acl or meddle therein; to • rei"aic: to remedy which, be it enacted, That in all such cases, it shall and ^^eesTo be" may be lawful to and for the creditors of every such prisoner or appointed, prisoners, fugitive or fugitives, to chuse a new assignee or assignees in manner and form as herein-before is directed, and to and creditors obtain a new assignment from the clerk of the peace, or his de- tooht^"1a puty, town clerk, or other officer acting as clerk of the peace, ^entVomthe pursuant to the order of the justices, and which said order the clerk of the laid justices are hereby required and impowered to directs (on peace, which due proof on oath being made to them of the death of such for- the^u(^CgSct trier assignee or assignees, and refusal of his or their heirs, execu- aie t0 11 e tors, administrators, or assigns, to act or meddle therein); and Clerk of the the said clerk of the peace, or his deputy, town clerk, or other ptefce jg^J officer acting as clerk of the peace, are hereby impowered to jf no assign-S' obey the fame, and execute such assignment accordingly, in mtnt had been manner and form as if no former assignment had ever been made, made; the said assignee or assignees, clerk of the peace, or his deputy, town clerk, or other officer acting as clerk of the peaces hereby conforming to all orders and directions made by this act relative to them, or any of them; and to be liable to all such 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 case any such assignee or assignees shall die, and his heirs, executors, administrators, or assigns, shall refuse to act, thac then, and in such cafe, if. shall be lawful for such justices of the peace to appoint a new assignee or assignees, with the like powers and authorities as are given by this act; and the said justices stiall have power, in a summary way, to oblige the heirs, executors, administrators, and assigns, of such assignee or assignees, to account and deliver up all such estate and effects as (hall remain in his or their hands, to be applied for the purposes of this act.

LXVII. And, to the intent and purpose that the estate and effects Assignees of such prisoner or prisoners as stall be discharged by virtue of this a°^ft fo^ acl may be duly and faithfully applied for the benefit of his, her, or ^sufficiency, their real creditors,, be it enacted by the authority aforesaid, That fraud, mis- *

it

management, or other misbehaviour j

the court thereupon is to summon the parties, and make (uch ciders therein a* tney shall think, fit.

Where mutual credit has been given, the balance to be <tdted and allowed.

Perfpns com'muted for not paying money awarded un der submis

it shall and may be lawful lo and for the respective courts at Westminster y and the courts of great sessions in Wales, and the principality of Chester, and the counties palatine of Lancaster and Durham, respectively, from whence any process issued upon which any such prisoner or prisoners was or were committed; or where the process issued out of any other court to and for the judges of the court of King's bench, common pleas, and exchequer^ or of great sessions aforesaid, within their respective jurisdictions, or any one of them, from time to time, upon the petition of any such prisoner, or the creditor or creditors of such prisoner or prisoners, complaining of any insufficiency, fraud, mismanagement, or other misbehaviour of any assignee or assignees of the estate or effects of any such prisoner or prisoners, to lummon all parties concerned, and, upon hearing the parties concerned therein, to make and give such orders and directions therein, either for the removal or displacing such assignee or assignees, and appointing any new assignee or assignees in the place or stead of such assignee or assignees so to be renroved or displaced, or for the prudent, just, or equitable management or distribution os the estate and effects of any such prisoner for the benefit ot the respective creditors, as the said courts or judges respectively (hall think fit; and in case of the removal or displacing of any assignee or assignees, and the appointing of any new assignee or assignees, the estate or effects of such prisoner or prisoners mall, from thenceforth, be divested out of the assignee or assignees so removed or displaced, and be vested in, and delivered over to, such new assignee or assignees, in the fame manner, and for the fame intents and purposes, as the fame were before vested in the assignee or assignees first chose as aforesaid; any thing in this act contained to the contrary notwithstanding.

LXVIII. Provided always, and be it enacted by the autho-. rity aforesaid, That in all cases where mutual credit hath been given between any prisoner or prisoners who (hall be discharged in pursuance of this act, and any other person or persons, or body politick or corporate, before the delivery of such schedule or inventory of the estate and effects of such prisoner or prisoners, upon oath as aforesaid, the respective assignee and assignees of such prisoner or prisoners is and are hereby authorised and required, on his and their parts, to state and allow an account between them and the other party or parties concerned; and nothing more mall be deemed to be vested in such clerk of the peace/town clerk, or other officer acting as clerk of the peace, or such assignee or assignees under such clerk of the peace, town clerk, or other officer acting as clerk of the peace, as the estate cr effects of such prisoner or prisoners, than what (hall appear to be justly due to him, her, or them respectively, as and for the balance of such account, when truly stared.

LXIX. And whereas many persons are often committed on attachments for contempts, for not paying money awarded to he paid und-er fubmistions to arbitrators by rules of court, or under submissions to arbitration bonds, and which fubtnijjions have been made rules of court*

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