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in pursuance of an acl passed in the ninth and tenth years os the reign sions toarbiof William the Third, for determining differences of arbitration; and trdVon' likewise for not paying of costs duly and regularly taxed and allowed and for not by the proper officer, after proper demands made for that purpose $ and Pay5nS co^s, also upon any writ of Excommunicato Capiendo, or other process ctc' for, or grounded on, the nonpayment of costs or expences in any cause or proceeding in any eccleffiical court, or for any contempt to such court, it is hereby declared and enacted, That all such persons are imitled to are and (hall be intitlcd to the benefit of this act, on and subject tire benefit of to the same terms and conditions as are herein expressed and thli a<^' declared with respect to prisoners for debt only.
LXX. Jnd whereas great numbers of people have been and are now imprisoned for debt, upon processes issuing out of courts of conscience', it is hereby enacted and declared, That all such prison- Oner's upiers lhall be intitled to have the benefit of this act, and be dis- ^^oonslr * charged under the same, provided he, (he, or they, conform to confaence, to' the directions herein-before prescribed^touching other prisoners have thebenewho (hall be discharged by virtue of this act. fit ot this act.
LXXL And be it further enacted by the authority aforesaid, Quaker's afThat in all cafes wherein by this act an oath is required, the so-■firmanon to lemn affirmation of any person, being a qqaker, shall and may }}^a^n m be accepted and taken in lieu thereof; and every person mak- aU ing such affirmation, who shall be convicted of wilful and saise affirming, mall incur and suffer such and the same penalties as are inflicted and imposed by this act upon persons convicted of wilful and corrupt perjury.
LXXII. Provided always, and be it further enacted by the Persons authority aforesaid, That no person who shall have taken the henefit^f benefit of any act heretofore passed for the relief of insolvent insolvent act debtors* within the space of ten years last past, ihall have or re- within'tea ceive any benefit or advantage of or under this act, nor be deem- y.ears» exed to be within the intent and meaning thereof, so as to be dis- t^act*.r°'n charged under the same j any thing herein-before contained to / the contrary notwithstanding; unless such person (hall be will- Exception, ing to serve, and lhall actually enter himself to serve on board some one of his Majesty's ships of war for the term of seven years, or (hall inlist as a soldier in some of his Majesty's land forces for the term of three years.
LXXIII. And be it further enacted, That when any prisoner, Prisoners who who may have taken the benefit of any insolvent act within the have taker| space of ten vears last past, (hall under tjiis act apply for his dis- ^n*"?^*
, 'r i_ -c• /l n j 1 / ... ai*d 'hall ap
charge, every such pnioner shall produce to the court (to which p\y fordis
he mall make application for such discharge) a certificate in charge under
•writing, signed by an officer properly authorised to engage or th*S act> Co
enlist men for his Maj-esty's sea or land lervice [as the 'cafe may Produt*to 7 -1 r • r 1 1 1 1 , court a certi
be], setting forth that he was on the day of ficate, figned
[insert the date] engaged or inlisted [as the bv a proper cafe may be] to serve as a mariner or soldier in his Majesty's sea °fflcer> ieror land service for the term of which certificate ^ ^"hfth 5t
(hall be attested by one or more credible witness or witnesses; luUdYoserW and in cafe such certificate shall not be produced, or shall not his Majesty Vol, XXXII. I bo «c
be properly authenticated in manner aforesaid, to the satisfaction of the justices before whom any such prisoner (hall be brought,., he shall be remanded back to the prison from whence he came, there to remain till he (hall have fully complied with the direc-. tions aforesaid, or (hall by ot}ier legal means sooner obtain his discharge.
TMxtaectd"0t LXXIV. Provided also, and it is hereby enacted, That noScotland. 1° tmng m this act contained (hall extend to that part of Great Bri~:
"tain called Scotland. Chuse of re- LXXV. And whereas bankrupts who have not obtained their cer~ lief for bank- tificates and discharge of their debts, under some one as the acls rehav^not ob- ^ailnZ t0 bankrupts, have not been deemed to be within the meaning of tained certiii- °J insolvency, as such bankrupts have no schedules to deliver up cates and dis- according to the terms and conditions of such aels; nevertheless, as charge of their many bankrupts are confined in prison for debt only, though they have et>tS* already delivered up their zvhole eflates and effects, or, from a fear of
being arrested and thrown into prison, are frequently induced to abscond from their homes, and go into foreign parts: be it further enacted by the authority aforesaid, That such person or persons, against whom a commission of bankruptcy hath been awarded and issued on or before the twenty-eighth day of January, one thousand seven hundred and seventy-eight, or who (hall have been really an actual prisoner or prisoners, in the custody of any gaoler or gaolers, or keeper of any prison respectively, on or before the twenty-eighth day of January, one thousand seven hundred and seventy-eight, and against whom a commission of bankruptcy (hall have since been awarded and issued, and who hath or have duly conformed, or (hall duly conform, him, her, or themselves to the several acts of parliament relating to bankrupts, and hath not or have not been committed to any prison by a warrant of the commissioners in such commission named, for contumacy or noncompliance to those laws, and who now is or are in prison for debt, damages, contempt, costs of suit, or any sum or sums of money due and accrued previous to such commission, or who now are secreting themselves in fear of their creditors; and shall be hereafter sued, arrested, or held to bail, or (hall surrender him, her, or themselves, or be surrendered, in discharge of his, her, or their bail, or taken in execution in any suit or action for any such debt or debts as aforesaid, shall and may apply to any one of the judges of the court wherein such process or processes hath or have issued, to summon his, her, or their plaintiff or plaintiffs, to (hew cause why such bankrupt oc, bankrupts should not be discharged from his, her, or their imprisonment, or arrest as aforesaid, such bankrupt or bankrupts first making oath before such judge, (or if at a distance from such judge, then before a justice of the peace), who is hereby authorised to administer suah oath, that such debt or debts did accrue previous to the issuing such commission; and such bankrupt or bankrupts making it appear to the satisfaction of such court or judj^e, that he or they hath or have made a full disclosure of his or their estate or effects, and delivered up the fame; and such o plaintiff plaintiff or plaintiffs not appearing, or not proving that such bankrupt or bankrupts hath or have concealed any part of his, her, or their estate or effects; and such bankrupt or bankrupts making it appear that he or they hath or have duly conformed him, her, or themselves, to the laws now in force against bankrupts, such judge (hall and may discharge such bankrupt or bank-* ruprs from such imprisonment or arrest as aforesaid; unless it (hall appear that such" commission was fraudulently obtained 5 such bankrupt or bankrupts causing a common appearance to be entered for him, her, or them, where necessary, in every such suit or action; and if any such bankrupt or bankrupts shall be afterwards again sued and arrested, or taken in execution, or imprisoned, in any suit or action, for such debt or debts, previous to such commission as aforesaid, any judge of the court wherein such process issued (hall, upon summons of the proper party or parties^ immediately discharge such bankrupt or bankrupts from such arrest or imprisonment; nevertheless such bankrupt or bankrupts mall, in all other respects, be deemed subject: to the laws in force against bankrupts; and every sheriff and sheriffs, bailiff and officer, gaoler and keeper of a prison, is and are hereby required, on proper notice being given of such judge's discharge, to release and set free such bankrupt or bankrupts out of his or their custody, and each and every of them is and are hereby indemnified from arty action or actions that may be brought, commenced, or prosecuted against him or them, for any escape for or on account thereof. C A P. LIII.
LXXVI. And whereas many bankrupts, having in all refpeSlS Clause with striftiy conformed the?nfelves to the directions of the bankrupt laws, respect- to 'have, notwithstanding, been unaiAe to obtain their certificates, and bankrupts? have, on that accounts been discouraged from exerting their industry in formed Themthe pursuit of their several occupations \ either living in the most selves to ths unhappy and distressed situation at home, or seeking relief in foreign bankrupt countries, where they can earn and secure to themselves the profit of an *aws: industrious application to business; some of whom have carried with them the arts, manufactures, and commerce of this country, to the great prejudice thereof: and whxreas some relief given in Juch parti* cular cafes, might prevent the evils arising to the publick, and be an encouragement for such individuals to follow their different occupations at home; be it enacted, That any person or persons against whom a commission of bankruptcy hath been awarded and issued, on or before the twenty-eighth day of January, one thousand seven, hundred and seventy-eight, and who hath or have in all things conformed to the several acts now in force concerning bankrupts, by his, her, or their surrender and submission thereto, and who shall not have been committed for any act of contumacy or nonconformity, yet who hath not or have not gained a total discharge from his, her, or their creditors, of his, her, or their debts, arising or accruing previous to such commission, for want of their certificate, lhall have liberty, after the expiration of twelve calendar months rrom the day ot the date of every such commission respectively, to petition or to apply, by motion of
Lord chancellor, etc. impowered to aHow such bankrupts' certificates, although not signed by four fifths of their creditors,
No person to receive any benefit by this act who stiall, by false pretences, have obtained money, goods, bonds, etc.
court, to the lord chancellor, lord keeper, or lords commissioners for the time being, setting forth the true circumstance of the case relative to such commission and certificate; and the lord chancellor, lord keeper, or lords commissioners as aforesaid, (hall have power and authority to direct and order the acting commissioners in the respective commissions named, to certify to the laid lord chancellor, lord keeper, or lords commissioners, the conformity or nonconformity of such bankrupt or bankrupts, and such other matter as to them shall seem necessary concerning the same (the said acting commissioners being hereby authorised and required so to do); and the lord chancellor, lord keeper, or lords commissioners, as aforesaid, shall thereupon have power and authority, if he or they shall so think sit, to direct and order an advertisement to be inserted in the Lot/Jon GaZftte, for the allowance of such bankrupt's certificate, (although' the fame shall not appear to have been signed or consented to by four-fifths in number and value of the said bankrupt's creditors, agreeable to the laws now in being), in the fame manner and form as if the said certificate had been signed as aforesaid; and in cafe no sufficient cause shall be (hewn to the contrary within the time limited by the said advertisement, the said lord chancellor, lord keeper, or lords commissioners, as aforesaid, shall have power and authority to allow such bankrupt's certificate, in the like manner as if the fame had been signed agreeable to the laws now in being, and grant or make such other order thereupon, for the relief and discharge of such bankrupt or bankrupts from his, her, or their debts as aforesaid, or otherwise, as to the lord chancellor, lord keeper, or lords commissioners, (hall seem proper j which certificate, if so allowed, shall be as full and effectual, to all intents and purposes, as if the fame had been duly obtained and allowed agreeable to the directions of the several laws now in force concerning bankrupts; any law or usage to the contrary notwithstanding.
LXXVII. Provided always, and be it enacted, That no such bankrupt or prisoner, who knowingly or designedly, by false pretence or pretences, (hall have obtained from any person or persons money, goods, wares, merchandises, 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 judge, the lord chancellor, lord keeper, lords commissioners^ or justices at any general quarter sessions of the peace, or any adjournment thereof, before whom any such prisoner shall be brought, upon due proof of the matter made to their satisfaction, sliali remand such bankrupt or prisoner to the custody of the gaoler or keeper of the prison from whence he or (he shall have been brought; any thing herein contained to the contrary notwithstanding.
An aft for the more easy and better recruiting of his Majesty9 s land forces and marines.
WHEREAS, for recruiting his Majesty's land forces and preamble. marines, it is necessary that a new supply of men be forthwith raised, within the kingdom of Great Britain, by common consent and grant in parliament, be it therefore enacted by the King's mod excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the fame, That within A levy of and throughout the several and respective counties, (hires, at>Ie-bodied stewartries, ridings, cities, boroughs, cinque-ports, parishes, maJ]etobe towns, and places, of Great Britain, a speedy and effectual Jevy throughout of able-bodied men, to serve his Majesty as soldiers, shall be GreatBritain* forthwith had, made, practised, and put in execution, according to the rules and directions of this present act.
II, And it is hereby further enacted, That the justices of the Just»ces of the peace of every county, mjre, stewartry, riding, liberty, or place, ^ssionerTof within Great Britain, and all and every the persons who were the land tax named, or otherwise appointed, to be commissioners for putting and magitin execution an act of parliament, made and passed at Westminster, trates. °f c°rin the fifteenth year of the reign of his present Majesty, (inti- £11TM bs"?©*"* tuled, An adl for granting an aid to his Majesty by a land tax, to be put this act in raised in Great Britain, for the service of the year one thousand seven execution j hundred and seventy-five), or any subsequent act or acts of parliament for that purpose, within the several and respective counties, (hires, stewartries, ridings, cities, boroughs, cinque-iports, towns, and places, therein particularly expressed, who are still living, and have duly qualified themselves according to the said acts, or shall duly qualify themselves according to this present act, in that behalf, (hall be commissioners for putting in execution this present act, and the powers therein contained, within and for the fame counties, (hires, stewartries, ridings, cities, boroughs, cinque-ports, towns, and places, of Great Britain, for which they were so named or appointed respectively; and that all and every the justices of the peace, and magistrates of corporations and burghs, in any part of Great Britain, who are or (hall be in any of-his Majesty's commissions of the peace, or in the magistracy of such corporation or burgh, at any time during the execution of this act, who snail duly qualify themselves according to this present act in that behalf (although not specially named or appointed commissioners by the said act), (hall be likewise commissioners for putting in execution this present act, and all the powers therein contained, within the limits of their commissions and jurisdictions respectively: all which commissioners, by this and to taJc? ,act intrusted with the execution of the fame, are hereby strictly ^^^i3 enjoined and required to use their utmost care and diligence that vice b/not^
I 3 his toegle&ed.