vifion, city, town, place, or liberty, the body of any person being in the faid prifon as aforefaid, with the warrant or warrants of his or her detainer, together with a copy or copies of the caufe or caufes which he, fhe, or they, is or are charged with in any fuch gaol or prison as aforefaid, at the time aforefaid; for which copy or copies of cause or causes, such prisoner fhall apply to the faid gaoler or keeper of fuch prifon, or to the clerk of the papers, or other person who shall make out and transcribe the fame, at leaft fix days before the time of his or her discharge; and fuch prisoner shall pay for the fame the fum of two fhillings, and no more, for making out, tranfcribing, and figning the fame; which warrant of every fuch juftice or juftices, every such sheriff and theriffs, gaoler or keeper, is and are hereby commanded to obey.

tranfmitted to

VII. And be it alfo enacted, That the copy of every schedule schedule of which shall be left with any fuch juftice or juftices, fhall, within the pritoner's ten days after the fame fhall be fo left, be tranfmitted by the eftate to be juftice or juftices, with whom the fame fhall be fo left, to the the clerk of clerk of the peace, town clerk, or other officer acting as clerk of the peace, the peace for the county, riding, divifion, city, town, place, or liberty, in which the fame fhall have been fo left, there to remain and be inspected, from time to time, as occafion fhall re- for inspection quire, by any creditor of any fuch prifoner who fhall defire to or creditors. inspect the fame.

tranfmit a

copy of the

VIII. And be it also enacted, That every fuch juftice or Any juftice, juftices who fhall refufe or omit, for the fpace of ten days, to omitting for transmit the copy of the schedule, fo left with him as aforefaid, ten days to to the clerk of the peace, town clerk, or other officer acting as clerk of the peace, for the county, riding, divifion, city, town, chedule to place, or liberty, in which the same shall have been fo left, fhall, the clerk of for every fuch offence, forfeit and pay the fum of ten pounds; the peace, etc. which hall and may be fued for and recovered in any of his fall forfeit Majesty's courts of record at Westminster, by action of debt, together with cofts of fuit, in the name of any person who shall profecute for the fame; and one moiety of which money forfeited fhall, when recovered, go to the party who profecutes for the fame, and the other moiety thereof to the poor of the parish in which the offence shall be committed.

101.

IX. And be it further enacted, That all and every prifoner Prifoners inand prifoners, who fhall intend to petition to be difcharged un- tending to petition for their der this act, as aforefaid, fhall first cause publick notice to be inferted in three feveral London Gazettes, previous to fuch gene- to give previ discharge, are ral quarter feffion or general feffion, or the adjournment thereof, ous notice at which the faid prifoner or prifoners fhall apply to be difcharged thrice in the Gazette, etc. from any gaol in Londen, or within the weekly bills of mortality; and if fuch prifoner fhall be in cuftody in any gaol out of London, or the weekly bills of mortality, then alfo in fome newspaper, which fhall be publifhed in or near the county, riding, divifion, city, town, liberty, or place, in the gaol whereof he or the hall

be fo in cuftody; containing the name, trade, and occupation, Contents of and two laft places of abode, if fo many, of every fuch prifoner the notice. and prifoners, and the prifon wherein he, fhe, or they, is or are

G 2

2 d. to be paid each time for inferting notices.

When notices to be inserted.

Printer of Gazette to keep an alphabetical lift,

etc.

to deliver a

estate to the

declare the

notice, etc.

On neglect

confined, and of his, her, or their intention to take the benefit of this act; and mentioning fuch notice in each Gazette or newspaper, to be the firft, fecond, or third notice, according to the time of publishing each of fuch notices; and for the inferting of each of which faid feveral notices in the faid Gazette, or in any other newfpaper, there fhall be paid, each time, by every fuch prifoner, two-pence, and no more: the first of which faid notices fhall be fo inferted in the faid Gazette, or in the faid other newspapers, as the cafe may require, twenty-one days at leaft, and the laft of the faid notices fix days at least before any fuch first or second general quarter feffion, or general feffion, or adjournment thereof, fhall be held as aforefaid; fo that as well all the creditors who have not charged the faid prifoner or prifoners in cuftody, as thofe creditors who have charged such prifoner or prifoners in execution, or on mesne process, or otherwise, may have sufficient notice thereof; and the printer of fuch Gazette is hereby required to keep a book, and enter therein an alphabetical lift of the names of prisoners advertising and intending to take the benefit of this act, and the names of the different prifons in which they are confined.

she

X. And, to the intent that all creditors may have full and fufficient time to confider the matters and things contained in the schedule or fehedules intended to be delivered in by any debtor or debtors, be it Every debtor further enacted, That every fuch debtor, when he or the fhall (according to the directions of this act) publish the first notice schedule of his of an intention to petition for his or her difcharge, he or the fhall, gaoler, and to in fuch notice, declare, that the schedule, containing his or her intended discovery of his or her real and perfonal eftate, (to be fame in his first sworn to in manner as by this act directed) is lodged in the hands of the gaoler or keeper, or the deputy of fuch gaoler or keeper, of the prifon wherein any fuch prifoner fhall be confined; and every fuch prisoner is hereby directed and required to deliver fuch fchedule to fuch gaoler, keeper, or deputy, as the cafe may be, before he fhall publish fuch firft notice as aforefaid, figned by his or her own chriftian and furname; to thereof, to be be attefted by any fuch gaoler, keeper, or deputy; and in cafe any prifoner fhall neglect or refuse to deliver one fuch schedule to fuch gaoler, keeper, or deputy, prior to such his first notice to be given as aforefaid, he or the, upon due proof made of fuch neglect to the fatisfaction of the court to which fuch prifoner thall make application for his difcharge, fhall be reGaoler to at manded back to prifon, there to remain till he or she fhall have telt the pri- complied with the directions aforefaid: and every fuch gaoler, foner's figna- keeper, or deputy, is hereby directed and required to attest the Schedule, and fignature of the prifoner's name to fuch schedule, and to receive give him a du- the fame into his cuftody and charge, giving a duplicate thereof plicate there to every fuch prifoner, with an acknowledgement of his having received the original; and he is hereby further required to deliver a true copy of any fuch schedule, figned by himfelf, upon request made to him by any creditor for that purpose, in writwho requests ing; fuch copy to be delivered to the creditor himself, or to fuch perfon as he fhall appoint to receive the fame, within three

remanded

back to prifon.

ture to his

of;

and also to give a copy to any creditor

it.

days

days after demand made, on payment for each schedule after the
rate of fixpence per sheet, each fheet to contain feventy-two
words; and fo in proportion for any lefs number of words;
and in cafe fuch creditor fhall only fearch or examine
fuch schedule, then fuch creditors fhall pay for every fuch fearch
and examination the fum of one fhilling: and if any fuch Gaoler, etc.
gaoler, keeper, or deputy, fhall neglect or refufe to conform to on neglect, to
the directions hereby given him refpecting such schedule, every
fuch gaoler, keeper, or deputy, fo offending, thall forfeit and
pay the fum of twenty pounds, to any perfon who fhall fue for
and recover the fame, in any of his Majefty's courts of record at
Westminster, by action of debt.

XI. And be it further enacted, That the notices to be given by every prifoner, in manner directed by this act, fhall be to the effect following; viz.

forfeit zol.

[infert of priabode, if so many] now confined in [infert the name of the prison and county,] do hereby give this publick notice, being [infert the first, fecond, or third, as the cafe may be,] that I do intend to take the benefit of an act, poffed in the eighteenth year of his present Majesty's reign, (intituled, An act for the relief of infolvent debtors; and for the relief of bankrupts, in certain cafes); [and if it be the first notice, then add] and I do hereby give notice, that a true and perfect schedule, containing a difcovery of all my real and perfonal eftate, hereafter to be sworn to, is now ready to be delivered to any creditor applying for the fame, in manner aforesaid, to the gaoler or keeper, or his deputy, of [infert the name

I, and two laft places of abort the name, trade, occupation, Forer's notice.

of the prifon wherein fuch prifoner fhall be confined, and the county in which it is fituate:]

court, and

And every fuch notice fhall be figned by the prifoner, and Notice to be
counterfigned by the gaoler or keeper, or deputy of fuch gaoler figned by the
or keeper, of the prifon wherein fuch prifoner fhall be contined. Prifoner, etc.
XII. And be it further enacted, That every fuch prifoner as Prifoner being
aforefaid, who, in pursuance of any fuch warrant as aforefaid, brought into
fhall be brought to the general quarter feffion, or any adjourn- publication of
ment thereof, fhall, in cafe it fhall be proved upon oath, or by notices prov-
producing the faid three Gazettes and newspapers before men- ed, etc.
tioned to the faid juftices, at any fuch feffion, or the adjourn-
ment thereof, that fuch notices were inferted in the London Ga-
zette, and other newfpapers, were required, in manner as herein-
before is directed, and that the perfon or perfons fo petitioning
was or were actually a prifoner or prifoners on the faid twenty-
eighth day of January, one thousand seven hundred and feventy-
eight, or fince, in the gaol or prifon in which his, her, or their
name or names is or are fpecified in the lift of prisoners there
delivered in at any fuch firft or fecond feflion, or any adjourn-
ment thereof, as aforefaid, in pursuance of this act, fhall, in open fchedule of
court, at the faid general quarter feffion, or general feffion, or his eftate,

G 3

to deliver in a

any debts, etc.

Prisoner's

oath on deli

any adjournment thereof, fubfcribe and deliver in a true fchedule or account of all his or her real estate, either in poffeffion, reverfion, remainder, or expectancy; and alfo of the whole of his or her perfonal eftate, which he or the, or any perfon or perfons in truft for him or her, or for his or her ufe, benefit, or advantage, is or are feifed of, interested in, or intitled to, or was or were in his or her poffeffion, at any time fince his or her commitment to prifon, with the names of his or her feveral debtors, and where they respectively live, or may be met with; and the feveral fums of money from them refpectively owing, and how the fame respectively became due, and are fecured; and if by mortgage, specialty, contract, note, or other writing, then the name and names and places of abode of the feveral witneffes who can prove fuch debts or contracts, (if there be any fuch), and fhall alfo make oath and fwear to the effect following; (that is to fay:)

IA. B. upon my corporal oath, in the prefence of Almighty God, do folemnly fwear, protest, and declare, That on the twenty-eighth vering in the day of January, one thousand seven hundred and feventy-eight, I was à prisoner, or elfe [as the cafe may be] that finte the faid twentyeighth day of January, one thousand feven hundred and feventy-eight, I have furrendered, or have been committed to the prison of

schedule.

in discharge of my bail, or for want of bail, [as the cafe shall be];
and that I was actually arrested, and in the cuftody of an officer, before
the faid twenty-eighth day of January, one thousand feven hundred
and seventy-eight, in the action or fuit, actions or fuits, in which I
furrendered, or was committed as aforefaid, to the faid gaol or prifon
of
and that I have, ever fince my faid
furrender or commitment, continued a prisoner within the prison of
in the actual cuftody of the gaoler or keeper
of the faid prison of
or within the liberties
thereof, at the fuit of
and without any
fraud or collufion whatsoever; and that the fchedule now delivered by
me, and fubfcribed, doth contain, to the best of my knowledge, remem-
brance, and belief, a full, juft, true, and perfect account and difcovery
of all the goods, effects, and estates, real and perfonal, either in pof-
feffion, reverfion, remainder, or expectancy, which I, or any person in
truft for me, or for my benefit or advantage, are feifed or poffeffed of,
interested in, or intitled to, or was or were in my poffeffion at any time
Since my commitment to prifon; and of all debts as are to me owing, or
to any perfon or perfons in truft for me; and of all the fecurities and
contracts whereby any money now is, or will, or may hereafter become
payable, or any benefit or advantage may accrue to me, or to my use,
or to any person or perfons in truft for me; and the names and places
of abode of the feveral perfons from whom fuch debts are due and ow-
ing; and of the witnefes that can prove fuch debts or contracts, [if any
fuch there be]; and that neither I, nor any other parfon or perfons in
trust for me, or for my use, have any lands, money, stock, or any estate,
real or perfonal, in poffeffion, reverfion, or remainder, or expectancy,
other than what are in the faid schedule contained, except wearing ap-

parel

parel, and bedding for myself and family, working tools, and necessary implements for my occupation and calling, together with a fum of money not exceeding forty-fhillings, and thefe in the whole not exceeding the value of twenty pounds; and that I have not, nor any body for me bath, directly or indirectly, fold, leffened, or otherwile conveyed, difpofed of in trust, or concealed, all or any part of my lands, money, goods, chattels, Stock, debts, fecurities, contracts, or estate, real or personal, whereby to fecure the fame, or to receive or expect any profit or advantage thereof, or with intent to defraud or deceive any creditor or creditors to whom I am or was indebted in any-wife bowfoever.

So help me GOD.

court, and

And the faid schedule and oath fhall be, by every fuch prifoner, Schedule and subscribed in the prefence of the juftices in open feffion of the oath to be subpeace, as hereby is directed, and shall be kept by, and remain fcribed in the with, the clerk of the peace, town clerk, or other officer acting lodged with as clerk of the peace, for the county, city, liberty, divifion, town, the clerk for or place, where the fame fhall be fubfcribed and taken, for the the examinabetter information of all the creditors of fuch prifoner who fhall tion of credidefire, or may have occafion, to refort thereto; and every fuch tors. creditor (hall be at liberty, at seasonable times in the day time, to peruse and examine the fame.

Court, at the

oath.

XIII. And be it further enacted, That the juftices within their respective jurifdictions, at any fuch general quarter feffion, request of a or general feffion, or adjournment thereof, at the request of any creditor, may creditor or creditors of any fuch prifoner, are hereby authorifed examine gaolto cause the deputy warden and marthal of the Fleet and King's er, etc. on Bench prifon, and any other under officer, tipstaff, and turnkey of any gaol or prifon, and any other perfon, to come before them, and to examine them refpectively on oath, touching any of the matters contained in any of the oaths prescribed by this act to be taken, and the truth thereof; and if the oath which The prifoner's shall have been taken in open court by any prifoner or prifoners oath not be. fhall not be disproved by good testimony of any credible per- the court is to ing difproved, fon or perfons on oath, and fuch juftices, or the major part of them, present at any fuch general quarter feffion, or general feffion, fhall be fatisfied with the truth of the oath taken by any such respective prifoner, then fuch juftices fhall, in fuch feffion, or fome adjournment thereof, command the faid theriff or theriffs, gaoler or gaolers, or keeper of fuch prifon or prifons, forthwith to fet at liberty fuch prifoner or prifoners, without having or taking any fee or reward, other than one fhil- on his paying ling for his or their attendance with every fuch prifoner at fuch a fee of Is to general quarter feffion, or general feffion, or any adjourn the gaoler; ment thereof, in order for his, her, or their difcharge (and which every fuch fheriff or theriffs, gaoler or gaolers, keeper or keepers of fuch prifon or prifons, is and are hereby authorifed to

ditcharge him,

receive and take for every fuch order :) and every fuch order who shall be fhall be a fufficient difcharge to the theriff or fheriffs, gaoler or indemnified gaolers, or keeper of fuch prifon or prifons, and shall indemnify for the escape.

G 4

him