Eltate and effects of the

prifoner, upon his difcharge, to be vested in the clerk of

the peace,

to the affignees named

by the court;

him or them against any efcape or efcapes, or action or actions whatsoever for efcape, which fhall or may be brought, commenced, or profecuted, against him or them.

XIV. And be it further enacted by the authority aforefaid, That all the eftate, right, title, intereft, and truft, of fuch prifoner, of, in, and unto, all the real eftate, as well freehold and copy, as customaryhold, and to all the perfonal eftate, debts, and effects, of every fuch prifoner, fhall, immediately after the discharge of any fuch prifoner, be, and the fame is hereby vefted 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, divifion, liberty, or place, where any fuch prifoner shall be whois to make respectively ditcharged; and every fuch clerk of the peace, town over the fame clerk, or other officer acting as clerk of the peace, is hereby directed and required to make an affignment and conveyance of every fuch prifoner's eftate and effects, vefted in fuch clerk of the peace, town clerk, or other officer acting as clerk of the peace, as aforesaid, to fuch creditor or creditors of the faid prifoner, as the juftices at any general quarter feffion of the peace, or at any adjournment thereof, which fhall be held by them within their refpective jurifdictions, fhall order and direct, (which affignment and conveyance fhall be good and effectual in law, to all intents and purpoles whatsoever, without being wrote on parchment or paper ftamped); and to veft the eftates thereby affigned and conveyed in the party or parties to whom the fame fhall be fo affigned and conveyed, his, her, and their heirs, executors, adminiftrators, and affigns, according to the estate and intereft the prifoner had therein; and for the preparing, ingroffing, and executing of which affignment and conveyance, no clerk of the peace, town clerk, or other officer acting as clerk of the peace, fhall take any greater fee than two thillings; and every fuch affignment and conveyance fhall be in truft for the benefit of the creditor or creditors of every fuch prifoner to whom the fame thall be made, and the rest of the creditors of fuch prifoner, in respect or in proportion to their respective debts; and every perfon or perfons to whom any fuch affignment and conveyance as aforefaid fhall be made, is and are hereby fully impowered to fue, from time to time, as there may be occafion, in his, her, or their own name or names, for the recovery and attaining any eftate or effects of any fuch prifoner, and alfo to execute any trust or power vested in, or created for the ufe or benefit of, any fuch prifoner, but in truft for the benefit of him or themselves, and the rest of the creditors of every such prisoner; and to give discharge and difcharges to any debtor or debtors of any fuch prifoner, as fhall be requifite: and every fuch affignee or affignees fhall, with all convenient speed, after his or their accepting any fuch affignment or conveyance, ufe his and their best endeavours to receive and get in the estate and effects of every fuch prisoner; and fhall, with all convenient speed, make fale of all the eftates of fuch prifoner vefted in fuch affignee or affignees; and if any fuch prifoner thall be

for which he hall be paid

2 S.

Afignees impowered to

fue,

or execute any

truft or power for the prifoner, etc.

Affignees to get in the ef

fects of the prisoner, and iel the fame;

interested

dividend

and counts, verifyingthem

interested in, or entitled to, any real estate, either in poffeffion, and to fell, reverfion, or expectancy, the fame, within the space of two within two months after every fuch affignment and conveyance, fhall be months, the prifoner's real fold by publick auction, in fuch manner, and at such place, as eitate, etc. the major part of the creditors of any fuch prifoner who fhall affemble together, on any notice in writing published in the London Gazette, or in fome daily paper, if the prisoner before his going to gaol refided in London, or in the weekly bills of mortality, and if elsewhere, then in some newspaper which thall be published in or near the county, riding, divifion, city, town, liberty, or place, in which fuch prifoner dwelt before he or the was committed to gaol, thirty days before any fuch fale shall be made, hall, under his hand, or their hands, agree on: and and make a every fuch affignee or affignees, at the end of three months at within three fartheft from the time of his or their accepting any fuch affign- months; ment or conveyance as aforefaid, fhall make a just and fair dividend of all fuch prisoner's estate and effects which fhall have been then recovered amongst his or her creditors, in proportion and in regard to each creditor's refpective debts; but before firft making any such dividend shall be made, fuch affignee or affignees fhall up their acmake up an account of such prisoner's eftate, and make oath in writing, before one or more juftice or juftices of the peace of the upon oath. county, riding, divifion, town, liberty, or place, in which any fuch prifoner thall have been difcharged, that every fuch account contains a juft and fair account of the eftate and effects of every fuch prisoner got in by or for fuch affignee or affignees, and of all payments made in refpect thereof, and that all payments in every such account charged were truly, and bona fide, made and paid; and notice of the making of every fuch dividend fhall be 30 days notice published in like manner as a meeting of the creditors is herein- to be given of before directed to be published, thirty days at least before the making a disame shall be made; and no creditor fhall be allowed to receive and noue to any share of such dividend, until he fhall have made out the receive any juftness and identity of his refpective debt by oath, or due proof in thare until writing, before fome fuch justice or justices: and if any creditor they have of fuch prifoner (hall be diffatisfied with the reality or fairness of debts. proved their any debt claimed by any other creditor, then the fame, at the Debts claimed request of any fuch creditor or creditors fo diffatisfied, thall be to be examin examined into by the juftices of the county, riding, divifion, determined by city, liberty, or place, in which fuch prifoner thall have been the court. difcharged, at their next general quarter feflion, and what they fhall there determine in the premifes fhall be conclufive to all parties and if, after payment of all fuch prifoner's creditors, Surplus of the there fhall any of his eftate and effects remain after payment of prifoner's efall reasonable charges, the fame shall be paid to fuch prifoner, tate to be paid his executors or administrators. to him, etc.

vidend:

ed into and

XV. And, to the intent that no loss may arife to any creditor or creditors from any neglect or omiffion in the fchedule not containing the whole of the estate, real or perfonal, belonging to any prisoner who shall apply for his or her discharge, under the authority of this act, be it Creditors not enacted, That all the eftate, whether real or perfonal, which hall to fuffer from

any omiffion belong in the fche

dule of pri

foner's estate.

Provifo.

On death or removal of any clerk of

the peace, etc. prisoners eltates to be

come vested in

their fucceffors.

No fuit in

equity to be

commenced,

but by confent of majority in value of creditors.

Clerk of the

ditor, or his

attorney, on

er's eitate:

belong to any prifoner or prifoners, and of which he, she, or they, shall be actually poffeffed at the time of making fuch schedule, fhall be deemed and taken to be a part of the estate contained in fuch schedule, though not inferted therein, and thall in like manner become vested in the clerk of the peace, town clerk, or other officer acting as fuch, to all intents and purposes, as if the fame had been contained in fuch schedule, and had been delivered into the court according to the directions of this act.

XVI. Provided always, and be it enacted, That no perfon holding any fecurity whatsoever, for which the insolvent never received any valuable confideration, fhall be intitled to receive any benefit from his estate.

XVII. Provided always, and be it enacted, That in cafe of the death or removal of any clerk of the peace, town clerk, or other officer acting as clerk of the peace, as aforefaid, in whom the eftate, right, title, intereft, or truft, of any prifoner or prifoners hall have vefted by the authority of this act; every fuch eftate, right, title, intereft, and truft, fhall become vefted in the fucceffor or fucceffors to every fuch clerk of the peace, town clerk, or other officer acting as clerk of the peace, as aforefaid, respectively, as the cafe may be, to all intents and purpofes whatfoever, under the provifions of this act.

XVIII. Provided further, and be it alfo enacted, That no fuit in equity fhall be commenced by any affignee or affignees of any fuch prifoner's eftate and effects, without the confent of the major part in value of the creditors of fuch prifoner, who shall meet together pursuant to a notice to be given in the London Gazette for that purpose.

XIX. And be it further enacted by the authority aforefaid, peace to exhi- That the clerk of the peace, town clerk, or other officer acting bit to the cre- as clerk of the peace of every respective county, city, and county town, and county riding, divifion, cinque port, liberty, and payment of is. place, with whom any schedules of the estates of any infolvent the schedule debtor or debtors, fugitive or fugitives, fhall be left, and his of any prifon- fucceffors, clerk of the peace, town clerk, or other officer acting as clerk of the peace as aforefaid, fhall, on the reasonable request of any creditor or creditors of fuch infolvent debtor or debtors, fugitive or fugitives, or his or their attorney, produce and fhew to fuch creditor or creditors, or his or their attorney, in the day-time, the schedule of the eftates of any fuch infolvent 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 predeceffor in that office; the perfon fo requiring to fee and perufe any fuch schedule, paying or tendering to the clerk of the peace, town clerk, or other officer acting as clerk of the peace, in whose cuftody any such schedule fhall be, or his deputy, the fum of one thilling for his trouble in fearching for, and looking out, fuch fchedule, and attending whilst the same shall be perused by the party or parties requiring to have the fame looked out, and to perufe the fame: and that

that a true copy of every fuch fchedule, figned by the clerk of attefted copy the peace, town clerk, or other officer acting as clerk of the whereof to be deemed legal peace, in whose cuftody the fame fhall be, or his deputy, pur- evidence. 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 fixpence by the sheet, (each sheet to contain feventy-two words, and fo in proportion for a lefs number of words), fhall, at all times, be admitted in all courts whatsoever

as legal evidence of the fame: and if any clerk of the peace, or Clerk of the his deputy, town clerk, or other officer acting as clerk of the peace refusing peace, fliall, on reasonable request as aforesaid, neglect or refufe to produce fuch schedule, to produce to any fuch creditor or creditors as aforefaid, or his or or to deliver a their attorney, any fuch schedule as aforefaid, and to permit the copy thereof, fame to be inspected as aforefaid, in the day-time, on such pay- etc. ment or tender as aforefaid being made to him; or fhall afk or take more than after the rate of fixpence by the fleet, each sheet to contain seventy-two words, and fo in proportion for less than feventy-two words in a fheet; or fhall refufe to make and deliver a copy of any fuch schedule, on being requested as aforefaid fo to make the fame, and having the money tendered to him for payment of fuch copy, after the rate aforesaid; fhall, for every fhall forfeit such offence, forfeit and pay the fum of ten pounds; which fhall 101. and treand may be fued for and recovered in any of his Majesty's courts of record at Westminster, by action of debt, together with treble cofts of fuit, in the name of any person who fhall profecute for the fame and one moiety of which money forfeited fhall, when recovered, go to the party who profecuted for the fame, and the other moiety thereof to the poor of the parish in which the of- to the poor of fence fhall be committed.

:

ble costs.

One moiety to theprofecutor, and the other

the parish.

and to be ad

mitted tenants thereupon.

XX. Provided always, and be it enacted, That before fuch Affignees of time as any affignee or affignees aforefaid fhall enter on, or take copyhold or any profit from, any copyhold or customary estate, as aforefaid, ettates to he or they shall agree and compound with the lord or lords of the manor or manors of whom the fame fhall be holden, for the with the lord compound payment of fuch fine or income as, upon any furrender and ad- of the manor, miflion thereto, hath heretofore been moft ufually accustomed to be paid; and that upon every fuch agreement or compofition, the faid lord or lords for the time being, at the next court, or fome fubfequent court, which fhall be holden for the faid manor or manors, after fuch agreement made, fhall admit fuch affignee or affignees tenant to fuch copyhold or customary premifes, according to the custom of the faid manor or manors of which the fame thall be holden, for and during fuch eftate and intereft as the faid prifoner had therein at the time of his or her being discharged as aforefaid, referving the rents, duties, heriots, cuftoms, and fervices, payable and to be rendered in refpect of the faid copyhold or cuftomary premifes.

XXI. Provided alfo, That nothing herein contained shall ex- The prisoner's tend to prejudice or affect any eftate or intereft, or right what- right and infoever, of any other perfon or perfons, other than the faid pri- terelt, etc.only foner or fugitive, which may be expectant upon, or fubject unto, by this act.

the

to be affected

All mort

gages, etc. to take place preferable to claims of an inferior nature.

".

the estate and intereft of the faid prifoner 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 eftate, interest, and right whatsoever, of every other perfon or persons, shall remain, continue, and be faved to them, in the fame manner as if this act had not been made.

XXII. Provided alfo, and be it enacted by the authority aforefaid, That nothing in this act shall extend, or be construed to hinder or prevent any mortgage or mortgages upon the eftate of such prifoner or prifoners, or any part thereof, to take place upon the lands, tenements, or hereditaments, comprised in fuch mortgage or mortgages refpectively; nor to prevent any statute-ftaple, ftatute-merchant, recognizance, or judgement, acknowledged by or obtained against any fuch prifoner or prifoners, to take place upon the lands, tenements, or real eftate, of fuch prifoner or prifoners; and also where any inquifition fhall have been taken upon any fuch ftatute or recognizance, or any writ or execution fhall have been taken out and delivered to the sheriff or proper officer, upon any fuch judgement before fuch discharge fhall be given in open feffion to any fuch perfon as aforefaid, the perfonal eftate of every fuch prifoner refpectively fhall be fubject thereto, in the firft place, for fo much as fhall remain due upon fuch mortgage, ftatute, recognizance, or judgement respectively, in like manner as fuch mortgagees and creditors, by ftatute, recognizance, or judgement, would have been preferred to other creditors of an inferior nature, against the real or perfonal estate of such prisoner and prifoners refpectively, 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 may be intitled to, and claim the benefit of this act, are feized and poffeffed of lands, tenements, and hereditaments, to hold to fuch prisoners for the term of their natural lives, with power of granting leafes, and taking fines, referving Small rents on fuch eftates, for one, two, or three lives, in poffeffion or reverfion, or for fome number of years determinable upon lives, which faid powers ought to be executed for the benefit of the creditors of fuch prifoners; be it therefore enacted by the authority aforefaid, Powers in pri- That in every fuch cafe, all and every the powers of leafing fuch foners of leaf lands, tenements, and hereditaments, which are or fhall be ing lands, etc. vested in any such prifoner or prifoners, as aforefaid, fhall be,

velted in af

fignees.

The acting

gaoler, at the time of deli

and are hereby vefted in the affignee or affignees of the real and perfonal estate of fuch prifoner, by virtue of this act, to be by fuch affignee or affignees executed for the benefit of all and every the creditors of fuch prifoners as aforefaid.

XXIV. And whereas, in fome gaols or prifons in this kingdom, the office of gaoler or keeper is held in fee for life, or otherwife, by perfons who never act as gaolers or keepers themselves, or know any thing of the prijoners therein, but depute or employ fome perfon or persons under them as gaolers or keepers of fuch gaals or prifons; be it therefore enacted, That, in every fuch cafe, the perfon who fhall have been actually employed and acted as deputed gaoler or

keeper