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Hists to be
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CA P. LII.
An ael for the relief of insolvent debtors; and for the relicy of bank-

rupts in certain cases.
Preamble.

HEREAS many persons, by loles and other misfortunes,

üre rendered incapable of paying their whole debts; and though they are willing to make the utmost satisfaction they can, (and many of them are able to serve his Majesty by sea or land), yet are they detained in prison by their creditors, or have been forced to go into foreign paris out of this realın : and whereas such unhappy debtors have alzuays been deemed the proper cbjects of publick compassion, and, by several axis of parliament, have been discharged on the conditions in Juch afts mentioned; for the relief, therefore, of insolvent prisoners and fugitives, who fall comply with the terms contained in this aft, 10 be rejpectively oöserved by them, and faithfully discover upon oath, and deliver up and align all their effects and estates whatsoeve.", for the benefit of their creditors, and to prevent, as far as pollible, the many frauds and abuses, which in a great measure, have obftrufied the good ends of such 07s; be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords

spiritual and temporal, and commons, in this present parliament Alphabetical assembled, and by the authority of the same, That, from and af

ter the pafling of this act, all and every gaoler or keeper of any priloners in

prison, in any county, riding, division, city, town, place, or cuitody for liberty, within this kingdom, fhall, is and are hereby required dahi on jan. to make a true, exact, and perfect lift, alphabetically, of the 28,1778, or name or names of all and every person or persons, who, upon dare,

the twenty-eighth day of January, one thousand seven bundred and seventy-eighi, was or were, or at any time since have been, under the terins and conditions herein mentioned, and at the time of making out every such lift shall be, really an actual prifoner or prisoners, in the custody of any gaoler or gaolers, keeper or keepers of any prison respectively, upon any process whatlo

ever, for or by realon of any debt, damage, costs, fum or sums of with the time inoney, contempt, or otherwise ; and an account of the time whencharged, when such prisoner or prisoners was or were respectively chargand at wholt ed in custody, or received in prison, together with the name or fuit.

names of the person or persons at whose suit or prosecution such Lifts to be de- prisoner or prisoners is or are detained ; and shall deliver the livered to the same to the justices of the peace, at their first or second general

quartér fellion or general session of the peace, to be held after the bons.

passing of this act, or at some adjournment thereof, for such county, riding, division, city, town, place, or liberty, respec

tively. Warden of the

II. And be it further enacted, That the warden of his MaFleet, etc. to jesty's prison of the Fleet, and marshal of the King's Bench Prijon, Iake an oaih shall severally, on the delivering in of any such list of prisoners on delivering in their respective custody, take an oath, in the open court of in lifts,

such general quarter feffion of the peace, or at some adjournment
thereof, to the effect following ; (that is to say :)
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A. B. upon my corporal oath, in the presence of Almighty God, do The cath.

folemnly forear, profess, and declare, That all and every person and persons, whose name or names is or are inserted and contained in the first part of the list by me now delivered in and subscribed, was and Were, to the best of my knowledge and belief, upon the twenty-eighth day of January, one thousand seven hundred and seventy-eight, really and Iruly prisoners in actual custody, in the prison or gaol of [insert the name of the prison), at the suit or suits of the several person or persons therein respectively mentioned; and also, that all and every per for and persons, whose name or-names is or are inserted or contained in the second part of the said lift now by me delivered in and subscribed as aforesaid, hare, fince the said twenty-eighth day of January, one thoufand seven hundred and seventy-eight, been coma mitled or surrendered to the said gaol or prison of [insert the name of the gaol or prison), at the suit or suits of the Jeveral person or persons therein respeclively mentioned ; except such person or persons who is or are in such lift particularly mentioned and described to have died, been dis harged, or removed to some other prison, by process of law, since the said twenty-eighth day of January, one Thousand jeven hundred and seventy-eight; and also except such perJon or persons who is or are in such l A particularly mentioned and defcribed to have been permitted to have gone out of the said prison, by day-rules of the court of [Common Pleas, or King's Bench, as the case shall be] since the said twenty-eighth dry of January, one thou. fand seven hundred and seventy-eight, to tranfact their affuirs; and also except such person or persons who is or are therein also particularly mentioned and defcribed to have, upon the said twenty-eighth clay of January, one thousand feven hundred and seventy-eight, or since, been in the rules of the said prison of the [Flect, or King's Bench, as the care shall be, ] ly leave of [the zvarden or marshal of the said prison, as the cafe thall be]; and have, to the best of my knowledge and belief, really and truly, ezer since, continued and remained in actual culody in the frid prison of the [Fleet, or King's Bench, as the case shall be], or the liberties thereof, at the suit or suits of the several persons in the faid lift respectively mentioned; (and if any prisoner or prifoners baih or have, fince the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, escaped out of either of the said prisons, then infert], excepe [insert the name or names of the prisoner or prisoners who have escaped), who, without my knowledge, privity, or consent, bath or have escaped out of the said prison of and that the said lift is a true, exact, perfect, and just list of all such persons who were really and truly prisoners in actual cuflody in the said gaol or prison of on the said twenty-eight day of January, one thousand seven hundred and seventy-eight, and who, since the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, have been committed to, and really have been, and now is or are, prisoner or prisoners, in actual custody, in the said gaol or prison of or the liberties thereof; and that none of such prisoners, to my know

ledge,

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ledge, or with my privity, have voluntarily, or with design, or in expeization, to take any benefit from or under any act of parliament to be made for relief of infolvent debtors, furrendered themselves, or been committed to the said prison, or got their names entered as prisoners in the books of the said prison, or since the said twenty-eighth day of January, one thousand even bundred and seventy-eight, to my knowledge, or with iny privity, have resided out of the said prison of

or the rules thereof, (but if any have so done, add, except

naming such by name]. All other

And that every other gaoler and keeper of any other prison or gavler's, on delivering in

prisons, in any county, city, town, riding, division, place, or litöeir lite, ro berty, hall severally, on the delivering in of any such list retake the fol. spectively, take an oath in the open court of the general quarter long feffion or general leflion of the county, city, town, division, li

berty, or place, for which he or the shall deliver in any such lift,

and swear to the effect following ; (that is to say ): Oath. I

A. B. upon my corporal oath, in the presence of Almighty God, do

Solemnly fivear, profess, and declare, That all and every person and persons, whose name or names are inserted or contained in ibe first part of the list by ine now delivered in and subscribed, was and were, to the best of my knowledge and belief, upon the twenty eighth day of January, one thousand seven hundred and seventy-eight, really and iruly prisoners in actual cuflody, in the prison or guol.9f ar the suit or suits of the several persons therein respettively mentioned; and also that all and every person and persons, whose name or names is or are inserted or contained in the second part of the said lift 11CWU by me delivered in and subscribed, as aforesaid, have, since the Jaid twenty-eighth day of January, one thousand seven hundred and jevenly eight, been committed or surrendered to the said g?ol or prison of

[if any such prisoner or prisoners hath or have, since the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, been committed or furrendered to such gaol or prison), at the suit or suits of the several perfon or persons therein respectively mentioned, except [if any exceprion is necessary] Juch persons as are therein particulary mentioned and described to have died, been discharged, or removed to some other pri/on by process of larv, or to have escaped out of Juch prison, without my privity, knowledge, or confent, since the said twenty-eighth day of January, one thousand seven hundred and seventy-eight; and that all and every of them, whose name and names is and are contained in the firkt part of the said liji (except as before excepted) to the best of my knowledge and belief, have really and truly continued in actual cuftodo in the said gaol or prison of ever since the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, and that the said lift is a true, exact, perfeet, and just list of all such persons as were really and truly prisoners in attual custody, in the said gaol or prison of on the said twenty-eighth day of January, one thousand feven hundred and sevenly-eight, and who since the said twenty-eighth day of Ja

nuary,

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nuary, one thousand seven hundred and seventy-eight, have been really dind truly committed, or surrendered to the said gaol or prison of

(excepi as before excepted) to the best of my knowledge and belief; and that none of such prisoners, to niy knowledge, or with my privity, have voluntarily, or with design, or in expectation, to take any benefit from or under any act of parliament to be made for relief of insolvent debtors, surrendered or been committed 10 the said. prison of or got his, her, or their name or names entered as prisoner or prisoners in the books of tbe said prison, or since ibeir commitment, have 10 my knowledge, or with my privity, resided out of the said prison of

[if any have so done, then add, except

inserting their names.] Which said respective oaths the said justices, at the first or second Oaths to be generat quarter session or general session aforesaid, or at some administered adjournment thereof; within their respective jurisdictions, are in court,

by the justices hereby impowered and required to administer in open court: and the words of the said oath herein-before directed to be taken and entered by the said warden and marshal respectively thall be entered or

and fubscribed written at the etid or bottom of the lift which shall be delivered of the lists.

at the bottom in by them respectively, and shall be subscribed and sworn to by them respectively in open court; and the words of the oath to be taken by every such gaoter-or keeper respectively shall be entered or written at the end or bottom of the list which shall be delivered by them respectively; and shall be subfcribed and sworn

Lifts to be to by them respectively in open court: and every such list which thall be so delivered in, fubfcribed, and sworn to, in pursuance clerk of the

kept by the of this act, shall be kept by the clerk of the peace, town clerk, or peace. other officer acting as clerk of the peace of every such county, riding, division, city, town, place, or liberty respectively, in which any such litt as aforesaid shall be sworn to, for the better satisfaction of the said justices, and information of all or any prisoner or prisoners. therein named; and so as the same may, from time to time, be seen and examined by any creditor or creditors of prisoner or prisoners, without fee or reward:

III. And be it further enacted by the authority aforesaid, Three copies That all and every gaoler and gaolers, and keeper of any gaol of lifts to be or prison, is and are hereby required, ten days at least before the fired up in first or second general quarter session or general fefiion of the each prisong peace hall be held, after the passing of this act, for the county, riding, division, city, town, place, or liberty, in which any gaol or prison Niall be, or to which the same belong, to fix up in fonie conspicuous place or places in every such prison, and at the most frequented and usual gate, door, or entrance, into every such prison, three or more true copies of the list or lifts proposed or intended to be delivered in by any such gaoler or keeper at the faid general quarter fellions, or at some adjournment thereof.

IV. And be it further enacted, That all and every person and Persons inpersons, whose name or names shall be inserted in any such list serted in the to be delivered in as aforesaid, who, upon the said twenty-eighth prisoners, Vol. XXXII G

day without a

;

etc.

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fraudulent day of January, one thousand feven hundred and seventy-eight, intention, on

were really and truly prisoners in the actual custody of any gaoler Jan, 28, 1778,

or gaolers, or keeper of any prison respectively of this kingdom, and did not come into or get his, her, or their names entered in the book of any gaol or prison as a prisoner or prisoners there, with a view or defign to take the benefit of some act for

relief of insolvent debtors, and who shall take the oath hereand conform in-after mentioned, and shall perform, on his or her part, ing to this

what is required to be done by him or her by this act, shall be ag, fhal} be

for ever released and discharged from his or her imprifonment, discharged.

in such manner as hereafter is provided. Perrons arrest.

V. Provided always, and be it enacted, That any person or est for debt, persons who thall lave been arrested and in actual custody of an and held to

officer, for any sum or sums of money by virtue of any writ or bail, on or be. fore jan. 10,

process, issuing out of any court of record, and held to bail there. 1778, furren. on, and which bail hall be upon record, on or before the tenth dering them. day of January, one thousand feven hundred and seventy-eight, felves on or and who thall have, on or before the twelfth day of February, before Feb.12, one thousand seven hundred and seventy-eight, surrendered him, 1778, and con. forming to

her, or themselves, in discharge of his, her, or their bail, and this act, thall (hall thereupon have been committed 10 prisor., every such perbu discharged. fon or persons thall, upon due proof of the premises upon oath,

be discharged from his, her, or their imprisoninent, in like manner as if such person or persons had been actually in prison on the twenty-eighth day of January, one thousand seven hun. dred and seventy-eight, subject, nevertheless, to the fame restrictions and provisions, and a compliance with the like térms, conditions, and qualifications, herein-before imposed upon.per fons actually in cuitody on the twenty-eighth day of January, one thousand feven hundred and seventy-eight, and also subject to the fame-terms and conditions relating to the estate and effects of every such prisoner as aforesaid.

VI. And be it further enacted, That it mall and may be Juftices, on

lawful for any justice or justices of the peace of any county, ridpetition of any prisoner, ing, division, city, town, place, or liberty, within this kingdom, and his deli-' upon the petition of any lucha prisoner or prisoners to any justice vering a {che. or justices of the peace, within his or their respective jurisdictions, dule ot his eltace,

upon every such prisoner or prisoners, fo petitioning, and, at the time of his or her to petitioning, leaying with the justice or justices of the peace who Thall be co-petitioned, a true copy of the Ichedule, containing his or her intended discovery of his or her real and personal efiate, to be sworn to at the first or second ge

-neral quarter fellion next ensuing after every such.petition, or may issue their come adjournment thereof, by warrant under his hand and seal, warrant for

or their hands and seals, to require-the theriff or sheriffs, gaoler bringing him

or gaolers, or keeper of any such prison within the jurisdiction quarter fessions, etc.

such justice or justices, to bring before the justices, at the with the war. first or second next general quarter sellion or general session of rant of his

the peace, or any adjournment thereof to be held, as the case detainer', etc. mall

' happen to be, next after the expiration of ten days from the date of such warrant, for such respective county, riding, di

vilion

to the

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