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Preamble.

C A P. L1I.

An act for the relies os insolvent debtors; and for the relief of bank- . rupts in certain cafes.

WHEREAS many persons, by losses' and ether misfortune>s9 are 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 parts out of this realm: and whereas such unhappy debtors have always been deemed the proper objects of publick compassion, and, by several acts of parliament, have been discharged on the conditions in such ads mentioned; for the relies, therefore, of insolvent prisoners and fugitives, who shall comply with the terms contained in this act, to be respectively observed by them, and faithfully discover upon oath, and deliver up and assign all their effects and ejiates whatsoever, for the benefit os their creditors, and to prevent, as far as possible, the many frauds and abuses, which in a great measure, have obstructed the good ends of suchacts; 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 assembled, and by the authority os the same, That, from and aster the pasting of this act, all and every gaoler or keeper of any prison, in any county, riding, division, city, town, place, or liberty, within this kingdom, sliall, -is and are hereby required to make a true, exact, and perfect list, alphabetically, of the name or names of all and every person or persons, who, upon the twenty-eighth day of January, one thousand seven hundred and seventy-eight, was or were, or at any time since have been, under the terms and conditions herein mentioned, and at the time of making out every such list (hall be, really an actual prisoner or prisoners, in the custody of any gaoler or gaolers, keeper or keepers of any prison respectively, upon any process whatsoever, for or by reason of any debt, damage, costs, sum or sums of w^th the time money, contempt, or otherwise; and an account of the time wbencharged, when such prisoner or prisoners was or were respectively chargaud at whole ecj jn cuft0dy, or received in prison, together with the name or *mt* names of the person or persons at whose suit or prosecution such

I/ifh to be de- Prif°ner or prisoners is or are detained; and (hall deliver the livered to the fame to the justices of the peace, at their first or second, general quarter ses- quarter seslion or general session of the peace, to be held after the passing of this act, or at some adjournment thereof, for such county, riding, division, city, town, place, or liberty, respectively.

Wardenofthe ^nd ^e lt ^urt^er enacted, That the warden of his Ma

Wet, etc to jest y's prison of the Fleet 9 and marshal of the Kifig*s Bench Prison, take an oath shall severally, on the delivering in of any such list of prisoners p delivering jn t}lejr respective custody, take an oath, in the open court of ^ k**3' such general quarter session of the peace, or at some adjournment thereof, to the effect following > (that is to fay:)

4 I

Alphabetical Kl\> to be made Oik of prisoners in cuitody for <£?U{ on Jan.

or

iii'te that date,

IA. B. upon my corporal oath, in the presence of Almighty God, do The oath. solemnly swear, proses, 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 beji of my-knowledge and belief, upon the twenty-eighth day of January, one thousand seven hundred and seventy-eights really and truly prisoners in aclual custody, in the prison or gaol of [insert the name of the prison], at the juit or suits of the several person or persons therein respectively 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 UJI now by me delivered in and subscribed as aforesaid, haze, fence the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, been committed or surrendered to the said gaol or prison of ^insert the name of the gaol or prisons at the suit or suits of the several person or persons therein respectively mentioned; except such person or persons who is or are in juch UJI particularly mentioned and described to have died, been discharged, or removed to some other prison* by process of lazvy fence the said twenty-eighth day of January, one thousand seven hundred and seventy-eight; and also except such person or persons who is or are in such I ft particularly mentioned and described to have been permitted to have gone out of the said prison, by v day-rules of the court of [Common Pleas, or King's Bench, as the cafe mall be] fence the said twenty-eighth d<<y 0/January, one thou* sand seven hundred andseventy-eight, to transact their affairs; and also except such person or persons who is or are therein also particularly mentioned and described to have, upon the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, or fence, been in the rules of the said prison of the [Fleet, or King's Bench, as the cafe shall be,] by leave of [the warden or marshal1 os'the said prison* as the cafe (hall be J; and have, to the best os my knowledge and beliefs really and truly, ever fence, continued and remained in aclual custody in the said prijon os the [Fleet, or King's Bench, as the cafe iball be], or the liberties thereof, at the suit or.suits of the several persons in the said list respectively mentioned [and if any prisoner or prisoners hath or have, since the said twenty-eighth day of January* 6ne thousand seven hundred and seventy-eight, escaped out of either of the said prisons, then insert.], except [insert the name or names of the prisoner or prisoners who have escaped], who, without my knowledge, privity, or consent, hath or' have escaped out of the said prison of

aud that the said lijl is a true, exacl, perfect, and just Us of all such
persons zvho were really and truly prisoners in actual cuflody in the
said gaol or prison of

cn the said twlnty-eight day of January, one thousand seven hundred
and seventy-eight, and who, fence the said twenty-eighth day ofJa-
nuary, one thousand seven hundred and seventy-eight, have been com-
mitted to, and really have been, and now is or are, prisoner or prison-
ers, in aclual 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 1 or with my privity,, have voluntarily, or with design, or in expe'flat ion, to take any benefit from or under any aft of parliament to' be made for relief of insolvent debtors, surrendered tlemfelves, or been committed to the said prison, or got their names entered as prisoners in the books of the said prison, or fince the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, to my knowledge-, or with my 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], .

And that every other gaoler and keeper of any other prison or
prisons, in any county, city, town, riding, division, place, or li-
berty, shall severally, on the delivering in os any such list re-
spectively, take an oath in the open court os the general quarter
session or general session of the county, city, town, division, li-
berty, or place,for which he or she {hall deliver in any.'such lift*
and swear to the effect following; (that is to fay ):

IA. B. upon my corporal oath, hi the presence of Almighty God, do
solemnly swear, profess, and declare, That all and every person and
persons, whose name or names are inserted or contained in the first
part of the lift by me now delivered in and subscribed, zvas and ivere,
to the best of my knowledge and belies, upon the twenty eighth day of
January, one thousand seven hundred andseventy-eight, really and truly
prisoners in actual cvjhdy, in the prison or gaol.(if .
at the suit or suits of the several persons therein respectively mention-
ed; and also that al! and every person and persons, whose name or
names is or are inserted or contained in the second part os the said list
t/cw by me delivered in and subscribed, as aforesaid, have, June the
said twenty-eighth day of January, one thousand seven hundred and
seventy eig ht, been committed or surrendered to the said gaol or prison
cf [if any such prisoner or prisoners hath

or have, since the said twenty-eighth day of January, one thou-
sand seven hundred and seventy-eight, been committed or sur-
rendered to such gaol or prison], at the suit or suits of the fevetal
person or persons therein respectively mentioned, except [it any ex-
ception is necessary] such persons as are therein particulary men-
tioned and described to have died, been discharged, or removed to some
other prison by process of law, or to have -escaped out of such prison^
zuitrout my privity, knowledge, or consent, since the said twenty-eighth
day 0/January, one thousand seven hundred and seventy- eight; and
that all and every of them, whose mime and names is and are contained
in the firjl part of the said list (except as before excepted) to the kg
cf my knowledge and belief, have really and truly continued in a dual
custody 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 list is a true, exuft, per-
se ft, and just list of all such persons as were really and truly prisoners
in aftual cuflody, in the said gaol or prison of
on the /aid twenty-eighth day of January,one thousand seven hundred
and seventy-eights and who since the said twenty-eighth day cf Ja-
nuary,

huary, one thousand seveh hundred and seventy-eighty have been realty and truly committed^ or surrendered to the said gaol or prison of _

* (except as before excepted) to the best of

tny knowledge and belief; and that none of such prisoners, to my knowledge, or with my privity, have voluntarily, or with design, or in expectation^ to take any benefit from or under any aft of parliament to be made for relief of insolvent debtors, surrendered or been committed to the said prison of

or got hiSy her, or their name or navies entered as prisoner or prisoners in the books of the said prison, or since their commitment, have to my knowledge, or ivith my privity, resided out of the said prison of

[if any have so done, then 2dd, except , inserting their names.]

Which said respective oaths the said justices,- at the first or second Oaths to b£ genera* quarter session or general session aforesaid, or at some administered adjournment thereof within their respective jurisdictions, are jj court* ^ hereby impowered and required to administer in open court i and the words of the said oath herein-before directed to be taken and entered by the said warden and marshal respectively shall be entered or and^ub sen beds written at the etid oi bottom of the list which shall be delivered of the lists^ in by them respectively, and (hall be subscribed and sworn to by them respectively in Open court; and the words of the oath to be taken by every such gaofer-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 subscribed and sworn to by them respectively in open court: and every such list which ]^ ^ bt^e lhall be so delivered in, subscribed, and sworn to, in pursuance clerk o? 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 list as aforesaid mall 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 fame 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 lists to be or prison, is and are hereby required, ten'days at least before the sixed uPria first or second general quarter session or general session of the ^hpnson* peace shall be held, after the passing os this act, for the county,

riding, division, city, town, place, or liberty, in which any gaol or prison stiall be, or to which the same belong, to fix up in some conspicuous place or places in every, such prison, arrd at the most: frequented and usual gate, door, or .entrance* into every such prison j three or more true copies of the list or lists proposed or intended to be delivered in by any such gaoler or keeper at the said general quarter sessions, 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 sfrted j"-she to be delivered in as aforesaid, who, 'upon the said twenty-eighth pfiso^ersf

Vol. XXXIL G day-without.!.

fraudulent day of January, one thousand seven hundred and seventy-eight, hn^n^S ^'ere really and truly.prifoners in the actual custody of any gaoler jan. 2 ,177 , or gao]ers^ 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-design 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 h;s or her parr, jng to this what is required to be done by him or her by this act, (hall be discharged6 ^or ever re^ea^ec^ aru* discharged from his or her imprisonment, 1 ciaigc . jn.such manner as hereafter is provided.

Persons arrest- V. Provided always, and be it enacted, That any person or ed for debt, persons who (hall have 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 fore l°an°io e~ Proce's> issuing out of any court of record, and held to bail there1778, furreil- on, and which bail shall be upon record, on or before the tenth dcrin'g them- day of January, one thousand seven hundred and seventy-eight, serves on or an(j wno fhaj[ have, on or before the twelfth day of February^ T^Tan^co^-' one*nOLssand seven hundred and seventy-eight,.surrendered him, forming to * neiS or themselves, in discharge of his, her, or their bail, and this act, shall shall thereupon have been committed to prison, every Tuch perb« discharged, son or .persons mail, upon due proof of the premises upon oath, be discharged from his, her, or their imprisonment, in like manner as if such person or persons had been actually in ,prison on the twenty-eighth day of January^ one thousand seven hundred and seventy-eight, subject, nevertheless, to the fame restrictions and provisions, and a compliance with the like terms>, •conditions, and qualifications, herein-before imposed upon.persons actually in •custody on the twent y-eighth day of January^ one tivoufand seven hundred and seventy-eight, and also subject to the same-terms ant! conditions relating to the estate and effects -of every such prisoner as aforesaid.

VI. And be it further enacted, That it shall and may be ^efiHon of lawful for any justice or justices of the peace of any county, ridany prisoner, ing, division, -city, town, place, or liberty, within this kingdom, »nd his deli- upon the petition of any such prisoner or prisoners to anyjustice vering a sche- orjustices of the peace, within his or their respective jurisdictions, estate0***" "uPon ev€rv fLlcn prisoucr or prisoners, so petitioning, and, at e a"e* the time of his or her so petitioning, levying with the justice or

justices of the peace who (hall be io-petitioned, a true copy of the -schedule, containing his or her intended discovery of his or her real and personal estate, to be sworn teat the first or second ge•neral quarter sellion next ensuing after every such petition, or juay issue their.some adjournment thereof, by warrant under his hand and seal, warrant for or4'their hands 'and se^Is, to require-the sheriff or sheriffs, gaoler bringing him or ga0}erSj or,keeper of any such prison whh'm the jurisdiction sessijn£?etac.tC1 of any such justice or justices, to bring before the justices, at the with the war- first or second next general quarter session or general session of rant of his the peace, or -any adjournment thereof-to -be held, as the- cafe detainer, e*c. ^ajj |igpnen .to be, next after the'expiration of ten days from the date of such warrant, for such "respective county, riding, division t

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