Page images

EttatjJ and effects or the

nees named \>y the court;

him or them against any escape or escapes, or action or action? whatsoever for escape, which l)iall qr may be brought, comrpeneed, or prosecuted, against him or them.

XIV. And be it further enacted by the authority aforesaid, That all the estate, right, title, interest, and trust, of such prihC discharge" s°ner> 9f> in> and unt0> all the real estate, as wellfreehold an4 to be veiled in copy, as customaryhold, and to all the personal estate, debts, thecler/k of apd effects, of every such prisoner, ssiail, immediately after the the peace, discharge of any such prisoner, be, and the same is hereby vested in the clerk, of the peace, town clerk, or other officer acting as, clerk of the peace, of and for the county, riding, city, town corporate, division, liberty, or place,where any such prisoner (hall be whoistpmake respectively discharged ; and every such clerk of the peacevtown over the same clerk, or other officer acting as clerk of the peace, is hereby dito the assig- rected and required to make an assignment and conveyance of every such prisoner's estate and effects, vested in such clerk of the peace, town clerk, or other officer acting as clerk of the peace, as aforesaid, to such creditor or creditors of the said prisoner, as the justices at any general quarter session of the peace, or at any adjournment thereof, which (hall be held by them within their respective jurisdictions, shall order and direct, (which assignment and conveyance shall be good and effectual in law, to all intents and purpoles whatsoever, without being wrote on parchment or paper stamped); and to vest the estates thereby assigned and conveyed in the party or parties to whom the fame (hall be so assigned and conveyed, his, her, and their heirs, executors, administrators, and assigns, according to the estate and interest the prisoner had therein; and for the preparing, ingrossing, and executing of which assignment and conveyance, no clerk of the peace, town clerk, or other officer acting as clerk of the peace, shall take any greater fee than two shillings; and. every such assignment and conveyance shall be in trust for the benefit of the creditor or creditors of every such prisoner to whom the same shall be made, and the rest of the creditors of such prisoner, in respect or in proportion to their respective debts; and every person or persons to whom any such assignment and conveyance as aforesaid shall be made, is and are hereby fully impowered to sue, from time to time, as there may be occasion, in his, her, or their own name or names, for the recovery and attaining any estate or effects of any such prisoner, and also to execuie any trust or power vested in, or created for the use or benefit of, any such prisoner, but in trust for the benefit of him or themselves, and the rest of the creditors of every such prisoner; and to give discharge and discharges to any debtor or debtors of any such prisoner, as shall be requisite: and every such assignee or assignees ssiall, with all convenient speed, aster his or their accepting any such assignment or conveyance, use his and their best endeavours to receive and get in the estate and effects of every such prisoner; and shall, with all convenient speed, make sale of all the estates of such prisoner vested in such assignee or assignees j and if any such prisoner shall be *■■•-■-•■ '- interested

for which he <liall be paid

Assignees impowered to sue,

or execute any trust or power for the prisoner, etc.

Assignees to get in the effects of the prisoner, and icd the same j

interested in, or entitled to, any real estate, either in possession, and to sell, reversion, or expectancy,'the same, within the space of two Wlthl" tw° months after every such assignment and conveyance, (hall be ^^^3 reeaj sold by publick auction, in such manner, and at such place, as estate, etc* * the major part of the creditors of any such prisoner who shall assemble together, on any notice in writing published in the London Gazette^ or in some daily paper, if the prisoner before his going to eaol resided in London, or in the weekly bills of mortality, and if elsewhere, then in some newspaper which lhall be published in or near the county, riding, division, city, town, hberty, or place, in which such prisoner dwelt before he orjhe was committed to gaol, thirty days before any such sale (hall be made, (hall, under his hand, or their hands, agree on; and *"^d"ia^c a every such assignee or assignees, at the end of three months at ^khin^hree farthest from the time of his or their accepting any such assign- months $ flient or conveyance as aforesaid, shall make a just and fair dividend of alj such prisoner's estate and effects which (hall have jbeen then recovered amongst his or her creditors, in proportion and in regard to each creditor's respective debts; but before first making any such dividend (hall be made, such assignee or assignees (hall UP tneir ac~ make up an account of such prisoner's estate, and make oath in vedf^n^them writing, before one or more justice or justices of the peace of the uponoattu county, riding, division, town, liberty, or place, in which any such prisoner shall have been discharged, that every such account contains a just and fair account of the estate and effects of,every such prisoner got in by or for such assignee or assignees, and of all payments made in respect thereof, and that all payments in every such account charged were truly, and bona fide^ made and paid y and notice of the making of every such dividend shall be 30 days notice piibljmed in like manner as a meeting of the creditors is herein- to ^e S,ven °f before directed to be published, thirty days at least before the TM^ * dl~ fame (hall be made; and no creditor (hall be allowed to receive and none to any (hare of such dividend, until he (hall have made out the receive any justness and identity of his respective debt by oath, or due proof in ^are unal writing, before some such justice or justices: and if any creditor proved their of such prisoner (hall be dissatisfied with the reality or fairness of debts. ^ any debt claimed by any other creditor, then the fame, at the Debts claimed request of any such creditor or creditors so dissatisfied, shall be to he e^ar«inexamined into by the justices of the county, riding, division, determined b city, liberty, or place, in which such prisoner (half have been the^ourt! ^ discharged, at their next general quarter session, and what they -..shall there determine in the premises shall' be conclusive to all parties: and if, after payment of all such prisoner's creditors, Surplus of the there (hall any of his estate and effects remain after payment-of prisoner's esall reasonable charges, the fame (hall be paid to such prisoner, be pa»d his executors or'administrators. to him, etc,

XV. And, to the intent that no loss may arise to any creditor or creditors from anyneglecl or omission in the schedule not containing -the whole of the estate, real or personal, belonging to any prisoner who shall apply for his or her discharge, under the authority of this atl, be it Creditors not ena&ed, That a,U the estate, whether real or personal, which (hall t0 suff<ir'ron»

^ ■ •' . , any omislion belong in the sche

dule of pri- belong to any prisoner or prisoners, and of .which he, (he, or loner 5 estate. th€y> fl^i be actually possessed at the tinae of making such sche* dule, (hall be deemed and taken to be a part of the estate contained in such schedule, though not inserted therein, and (hall in like manner become vested in the clerk of the peace, town clerk, or other officer acting as such, to all intents and purposes, as if the fame had been contained in such schedule, and had been delivered into the court according to the directions of this act.

Proviso. XVL Provided always, and be it enacted, That no person

holding any security whatsoever, for which the insolvent never received any valuable consideration, (hall be intitled to receive any benefit from his estate. On death or XVII. Provided always, and be it enacted, That in cafe of an^deikof ^eatn Qr renloval of any clerk of the peace, town clerk, or the peace,etc. Qther officer acting as clerk of the peace, as aforesaid, in whom prisoners el'- the estate, right, title, interest, or trust, of any prisoner or pritates to be- ^ soners shall have vested by the authority of this act j every such th^ir Tucces m estate> r'Snr> tit^e' interest> and triJss> ^all become vested in the sors. * successor or successors to every such clerk of the peace, town clerk, or other officer acting as clerk of the peace, as aforesaid, respectively, as the cafe may be, to all intents and purposes whatsoever, under the provisions of this, act. No suit in XVIII. Provided further, and be it also enacted, That na

equity to be fujt jn equity (hail be commenced by any assignee or assignees but^corf' °* alTM ^uc^ Pr^oner*S e^ate and effects, without the consent of sent of °ma- tne tnajor part in value of the creditors of such prisoner, who lority in value (hall meet together pursuant to a notice to be. given in the Lon~ of creditors, don Gazette for that purpose.

Clerk of the XIX. And be it further enacted by the authority aforesaid* peace to exht- That the clerk of the peace, town clerk, or other officer acting bit to the ere- as c]erk Qf the peace of every respective county, city, and couoditor/or his ^ town> anr] county riding, division, cinque port, liberty, and p^yrnTmoHs. place, with whom any schedules of the estates of any insolvent the schedule debtor or debtors, fugitive or fugitives,4 sliall be left, and his of any prison- successors, cierk of the peace, town clerk, or other officer acting ers etfate: as cjerjc Qf tjie peace as aforesaid, (hall, on the reasonable request of any creditor or creditors of such insolvent debtor or debtors^ fugitive or fugitives, or his or their attorney, produce and (hew to such creditor or creditors, or his or their attorney, in the day-time, the schedule of the estates of any such insolvent debtor or debtors, fugitive or fugitives, which shall be left with any such clerk of the peace, town clerk, or other officer acting as clerk of the peace, or his predecessor in that office; the person so requiring to see and peruse any such schedule, paying or tendering to the clerk of the peace, town clerk, or other officer acting as clerk of the peace, in whose custody any such schedule shall be, or his deputy, the sum of one (hilling for his trouble in searching for, and looking out, such schedule, and attending whilst the same (hall be perused by the party or parties requirin^-to have the fame looked out, and to peruse the fame: an4 to thai that a true copy os every such schedule, signed by the clerk of atrefted copy the peace, town clerk, or other officer acting as clerk of the' \l° peace, in whose custody the same shall be, or his deputy, pur- evidenced porting the fame to be a true copy of such schedule, without being wrote on stamped paper, and for which copy no more shall be paid than sixpence by the-sheet,, (each sheet to contain seventy-two words, and so in proportion for a less number of words), shall, at all times, be admitted in all courts whatsoever as legal evidence of the- fame: and if any clerk of the peace, or CI«rk of the Jiis deputy, town clerk, or other officer acting as clerk of the peace refusing peace, lhall, on reasonable request as aforesaid, neglect or refuse f^chTclied^ule to produce to any such creditor or creditors as aforesaid, or his or or t0 deliver a their attorney, any such schedule as aforesaid, and to permit the copy theieof, same to be inspected as aforesaid, in the day-time, on such pay- etc. jnent or tender as aforesaid being made to him or shall ask or take more than after the rate of sixpence by the sheer, each sheet to contain seventy-two words, and so in proportion for less than seventy-two words in a sheet; or shall refuse to make and deliver a copy of any such schedule, on being requested as aforesaid so to make the same, and having the money tendered to him for payment of such copy, after the rate aforesaid; (hall, for every shall forfeit such offence, forfeit and pay the sum of ten pounds; which shall tce" and may be sued for and recovered in any of his Majesty's courts eco pf record at Westminster, by action of debt, together with treble posts of suit, in the name of any person who shall prosecute for the fame: and one moiety of which money forfeited shall, when ^^eemo^ recovered, go to the party who prosecuted for the same, and the and tjie other' pther moiety thereof to the poor of the parish in which the of- to the poor of fence shall be committed. the parish.

XX? Provided always, and be it enacted, That before such Assignees of time as any assignee or assignees aforesaid shall enter on, or take copyhold or pny profit from, any copyhold or customary estate, as aforesaid, cuitomary he or they (hall 3gree and compound with the lord or lords of com^uml the manor or manors of whom the fame shall be holden, for the with the lord payment of such fine or income as, upon any surrender and ad- of the manor, mission thereto, hath heretofore been most usually accustomed to be paid; and that upon every such agreement or compost- an(* to be adtion, the said lord or lords for the time being, at the next court, ^^a"U or some subsequent court, which shall be holden for the said ieifUs)0n* manor or manors, after such agreement made, shall admit such assignee or assignees tenant to such copyhold or customary premises, according to the custom of the said manor or manors of which the fame shall be holden, for and during such estate and interest as the said prisoner had therein at the time of his or her being discharged as aforesaid, reserving the rents, duties, heriots, customs, and services, payable and to be rendered in respect of the saic) copyhold or customary premises.

XXL Provided also, That nothing herein contained shall ex- The prisoners tend to prejudice or affect any estate or interest, or right what- right and insoever, of any other person or persons, other than the said pri- tereit.etc.only fp-ler or fugitive, which may be expectant upona or subject unto, £ ^hacted


i . • ■ the estate and interest of the said prisoner or fugitive, hereby vested in the said clerk of the peace, town clerk, or other officer acting as clerk of the peace; but that the estate, interest, and right whatsoever, of every other person or persons, shall remain, continue, and be saved to them, in the same manner as if this act had not been made. All mort- . XXII. Provided also, and be it enacted by the authority gages, etc. to aforesaid, That nothing in this act (hall extend, or be construed preferable to to nind-er or prevent any mortgage or mortgages upon the claims of an e^ate °f such prisoner or prisoners, or any part thereof, to take inferior na- place upon the lands, tenements, or hereditaments, comprised ture. in-such mortgage or mortgages respectively 5 nor to prevent any

statute-staple, statute-merchant, recognizance, or judgement, acknowledged by or obtained against any such prisoner or prisoners, to take place upon the lands, tenements, or real estate, of such prisoner or prisoners; and also where any inquisition shall have been taken upon any such statute or recognizance, or any writ or execution uhall have been taken out and delivered to the sheriff or proper officer, upon any such judgement before such discharge shall be given in open session to any such person as aforesaid, the personal estate of every such prisoner respectively shall be subject thereto, in the first place, for so much as shall remain due upon such mortgage, statute, recognizance, or judgement respectively, in like manner as such mortgagees and creditors, by statute, recognizance, or judgement, would have been preferred toother creditors of an inferior nature, against the real or personal estate of such prisoner and prisoners respectively, if this act had not been made; any thing herein-before contained to the contrary thereof in any wife notwithstanding.

XXIII. And whereas many persons who maybe intitled to, and claim the benefit of this aft, are seized and pofjefjed of lands, tenements, and hereditaments, to hold to such prisoners for the term of their natural

lives, with poiver of granting leases, and taking fines, reserving small rents on such estates, for one, two, or three lives, in possession or reversion, or for some number of years de terminable upon lives, which said powers ought to be executed for the benefit of the creditors ofsuch prisoners; be it therefore enacted by the authority aforesaid, Powers in pri- That in every fuqh cafe, all and every the powers of leafing such soners of leas* lands, tenements, and hereditaments, which are or (hall be inglands,ete. vested in any such prisoner or prisoners, as aforesaid, shall be, veited in as- are nere^y vestecj jn the assignee or assignees of the real and

jgnees, personal estate of such prisoner, by virtue of this act, to be by such assignee or assignees executed for the benefit of all and every the creditors of such prisoners as aforesaid.

XXIV. And whereas, in some gaols or prisons in this kingdom^ the office of gaoler or keeper is held in fee for life, or otherwise, by persons who never adl as gaolers or keepers themselves, or know any thing of the prisoners therein, but depute or employ some person or persons under them as gaolers or keepers of such gaols or prisons; be it there

The acting fore enacted, That, in every such case, the person whq mall f^fl&it* have been actually employed and acted as deputed gaoler or nmeoxacu- keeper

« PreviousContinue »