ble to be

keeper of any fuch gaol or prifon, at the time of the delivering vering the in the lifts, hereby directed to be delivered in, of prifoners in lifts, only liaany fuch gaol or prifon, at any general quarter feffions of the fworn. peace, or fome adjournment thereof, and not the principal gaoler or keeper, (unless where fuch principal gaoler or keeper shall act as gaoler or keeper himfelf,) fhall take the oath herein-before appointed to be taken by the gaoler or keeper of every such gaol or prison.

XXV. And be it enacted by the authority aforefaid, That Court, on rethe juftices at any general quarter feffion of the peace, or ad- quifition of a creditor, to journment thereof, to which any prifoner fhall be brought in administer an purfuance of this act, fhall, if required by any creditor or cre- oath to the ditors of any such prisoner or prisoners, who fhall oppose his or gaoler. her difcharge, adminifter and give to the gaoler, or the perfon who acts as gaoler or keeper of any such prison, at the time of bringing up any fuch prifoner, in order to be discharged under this act, an oath to the following effect; (that is to fay):

I prifone in my cured, in the prison of

was really and truly a The cath.

to the best of my knowledge and belief, at or upon the twenty-eighth day of January, one thousand feven hundred and feventy-eight; and that the copy or copies of the cause or causes of his [or her] commitment or detainer, now by me brought with the body of the said

and produced to this court, is or are a true copy or copies of the cause or causes of fuch detainer or commitment, without any fraud or deceit by me, or any other perfon whatsoever, to the best of my knowledge and belief.

So help me GOD.

fhall take the following

And if any person who was gaoler or keeper, or deputed gaoler mall not have If fuch perfon or keeper, of any fuch gaol or prifon, on the faid twenty-eighth been gaoler day of January, one thousand feven hundred and feventy-eight, on Jan. 28, or fince, fhall not happen to be the gaoler or keeper, or deputed 1778, then he gaoler or keeper, of any fuch gaol or prifon, at the time any fuch lift as aforefaid is hereby required to be delivered in, then the justices, at any fuch feffion, or at any adjournment thereof, may and are hereby required to adminifter and give to the respective perfon or perfons, who fhall be gaoler or keeper, or deputed gaoler or keeper of any fuch gaol or prifon, and deliver in any fuch lift as aforefaid, at any fuch general or quarter session, or any adjournment thereof, an oath, touching the commitments, or books of commitment, of any fuch prifon, to the effect following; (that is to say):

A. B. do fwear, That I have examined the commitments, or books Oath. kept of or concerning the commitment, of prifoners to the prison of in the [county, riding, divifion, city, town, place, or liberty as the cafe Thall be]; and that I do verily believe that the faid commitments, or books of commitment, are really true, and not fictitious, nor calculated for this purpose; and by them it doth ap

of

Count, at the request of a

creditor, may

and examine him, on oath,

etc.

Pear that
was, on the twenty-eighth day of January, one thou-
fand feven hundred and feventy-eight, really and truly a prifoner in the
actual cuftody of
the then gaoler or keeper, or deputed
gaoler or keeper, of the faid prifon, without fraud or deceit by me, or
any other perfon or perfons, to my knowledge and belief.

So help me GOD.

XXVI. And, in order to discover any fraudulent entries or commitments of prifoners in any gaol books, be it further enacted by the authority aforefaid, That the juftices, at any general or quarter feflion of the peace, or any adjournment thereof, are hereby aufummon the thorised, at the request of any creditor or creditors of any priperlon ho foner, to convene before them, at fome certain time to be apacted as gaoler pointed by them, any perfon or perfons who was or were gaoler on Jan. 28, or keeper, or deputed gaoler or keeper, of any gaol or prifon 1778, or fince, within their refpective jurifdictions, on the faid twenty-eighth day of January, one thoufand feven hundred and feventy-eight, or at any time fince; and to examine every fuch gaoler or keeper, or deputed gaoler or keeper, on oath, touching the commitment and continuance in cuftody of any fuch prifoner, as the juftices, at any fuch general or quarter feffion, or adjournment thereof, hall think fit: and if any sheriff, gaoler, or keeper, or deputed gaoler or keeper, fhall neglect or refufe to bring before fuch justices, at any feffion of the peace, or adjournment thereof, any prifoner as fhall be directed and required by warrant of any juftice or juftices as aforefaid, or to attend on being fummoned for that purpofe; or if any gaoler or keeper attending, fhall refufe to make anfwer and difcovery in the premifes, as thall be reasonably required at fuch general or quarter feffion, or any adjournment thereof, he, she, or they, fo offending in the premiles, fhall, for every fuch offence, forfeit and pay the fum of one hundred pounds; to be recovered, by and in the name, and for the ufe, of the party injured, by action of debt, to be brought in his or her name, in any of his Majesty's courts of record at IVestminster, together with treble cofts of fuit.

Sheriff or gaoler, difo

beying order

of court, to

forfeit 1001.

with treble colts.

XXVII. And whereas a great number of workmen, fkilful in the Several trades and manufactures of this kingdom, and also many able Seamen and mariners, finding themselves unable to fatisfy the whole of their respective debts, and dreading the miferies of a gaol, have chofe 10 leave their employments and native country, and have entered themfelves in foreign fervice: and whereas their continuance abroad must be of great prejudice to the trade of this kingdom; in order therefore to induce and enable fuch perjons to return, be it enacted by the authority aforefaid, That all and every debtor and debtors, who was or were actually beyond the feas, in foreign parts, on the Jan. 28, 1778, tenth day of March, one thoufand feven hundred and feventy-eight, jurrendering and did not go into fuch foreign parts with the view or intent to themselves, gain or have the benefit of an infolvent debtor's act, who shall benefit of this return and surrender himself or themselves, within fourteen days next immediately after his or their landing in England, unto the

Debtors who were beyond

the leas on

may take the

act,

gaoler

!

1778.] Anno decimo octavo GEORGII III. c. 52.

95

gaoler or gaolers, keeper or keepers of the prifons of the King's
Bench, Marshaifea, or Fleet, or to the gaoler or keeper, or deputed
gaoler or keeper, of the prifon or prifons of fuch county, city,
town, riding, divifion, liberty, or place, where fuch debtor or
debtors laft dwelt, for the fpace of fix months, (which faid
gaoler or gaolers, keeper or keepers, is and are hereby required
and impowered to receive and detain fuch debtor or debtors,
furrendering as aforefaid, in order to their difcharge, as herein-
after mentioned), and who, from and immediately after fuch
furrender, do continue in actual cuftody of fuch gaoler and
gaolers, keeper or keepers, until the time of his difcharge, fhall
be deemed a prifoner or prifoners within, and be, to all intents
and purposes, intitled to, the benefit of this act; and fhall, upon
due proof of the faid premifes, by the oath of fuch debtor or
debtors (not difproved by any credible witnefs), be discharged
in the fame manner as if he, the, or they, had been actually in
prifon on the faid twenty-eighth day of January, one thousand
feven hundred and feventy-eight, and continued therein as afore-
faid; fubject nevertheless to the same restrictions and provifions, upon the fame
and a compliance with the like terms, conditions, and qualifi- terms as other
cations, herein-before impofed upon the faid prifoners actually prifoners,
in cuftody upon the faid twenty-eighth day of January, one
thousand seven hundred and feventy-eight, and also subject to
the terms and provifions relating to the eftate and effects of fuch
prisoner, as aforefaid; excepting only fuch particulars thereof except in cer
as require the name of a prifoner to be inferted in the gaoler's tain particu
or keeper's lift, as aforefaid, as relate to the oaths of fuch gaoler
or keeper herein-before appointed to be taken; which particulars
cannot poffibly be applied to the cafe of perfons furrendering
themfelves as aforefaid; and alfo except the laid oath herein-
before appointed to be taken by prifoners in cuftody upon the
said twenty-eighth day of January, one thoufand feven hundred
and seventy-eight, instead whereof, the person or perfons fo fur-
rendering thall take an oath, in open court, at fome general or
quarter feflion of the peace, or fome adjournment thereof, of the
county, city, town, riding, divifion, place, or liberty, in the
prifon of which any fuch fugitive or debtor thall be held, after
the furrender of any fuch fugitive or debtor, to the effect fol-
lowing; which the faid juftices, authorifed to put this act in
execution, are hereby required and impowered to adminifter in
fuch manner as the oaths herein-before mentioned are to be ad-
ministered.

lars.

A. B. upon my corporal oath, in the prefence of Almighty God. Fugitive's ·lemnly fwear, proteft, and declare, That I was actually on the oath,

tenth day of March, one thousand feven hundred and feventy-eight,

beyond the feas in foreign parts, videlicet, at

and that I did, within fourteen days, next immediately after my landing, surrender myself to the custody of the keeper of

[as the cafe may be]; and that I have ever fince fuch my furrender continued a prisoner in his cuftody;

and that the
Lebedule

1

Fugitive ar

der, intitled to the benefit

of this act.

Schedule now delivered, and by me fubfcribed, doth contain, to the best
of my knowledge, remembrance, and belief, a full, just, true, and
perfect account and difcovery, of all the real estate, goods, effects, and
other perfonal eflate, in any wife belonging to me; and alfo all of fuch
debts as are to me owing, or to any person 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 whereby or wherefrom any benefit
or advantage may accrue to me, or to my use, or to any other perfon or
persons in trust for me, and the names and places of abode of the fe-
veral perfons from whom fuch debts are due and owing; and of the
witnesses that can prove fuch debts or contracts, [if any fuch there
be]; and that neither. I, nor any perfons in trust for me, is or are
feised of any real estate, in poffeffion, reverfion, or remainder, or ex-
pectancy, or of any perfonal estate of any kind whatsoever, other than
what are in the faid fchedule contained; except my wearing apparel,
and bedding for myself and family, my working tools, and neceffary
implements for my occupation and calling, together with a fum of money
not exceeding forty fhillings, and not exceeding in the whole the value
of twenty pounds; and that I have not, directly or indirectly, fold,
leffened, or otherwife conveyed, difpofed of in truft, or concealed, all or
any part of my real estate, money, goods, chattels, stocks, debts, fecuri-
ties, contracts, or perfonal eftate whatsoever, whereby to fecure the
fame, fo as to receive or expect any profit or advantage therefrom to
myself or family, or with any view, intent, or defign, to defraud or
deceive any creditor or creditors, to whom I am indebted in any wife
howsoever, or prevent their recovering or attaining their respective
debts.
So help me GOD.

XXVIII. Provided alfo, and be it enacted, That if any furefted, intend- gitive intending to furrender to the terms of this act, hall, ing to furren within the space before-mentioned of fourteen days, be arrested in any fuit or action, which caufe of action accrued before the faid tenth day of March, one thousand seven hundred and seventy-eight, fuch fugitive giving notice (as before directed) to any juftice of the peace at the next general quarter feffion or general feffion; and, in all other refpects, complying with the terms and conditions of this act, shall be intitled to the benefit of the fame; and every sheriff, bailiff, or officer, gaoler, or keeper of a prison, in whofe cuftody fuch fugitive thall be detained, fhall conform him or themselves to the directions of this act, in like manner as before-mentioned.

XXIX. And whereas a great number of commiffion and warrant officers, in his Majefty's fea and land fervice, who, through unavoidable misfortunes, have involved themselves in debt, are now unable, though willing, to ferve their king and country, because, to avoid the difgrace and shame of a prison, they have taken felter in privileged places, and cannot come forth without danger of being immediately arrested, or have been thrown into prifon, without hopes of being released by any discharge of their debts, and are therefore become ufeiefs and a heavy burthen, instead of being ferviceable to the fate: and whereas many

of

fion or war

of them are not under the defcription of those perfons who can take benefit by the provisions of this act, without fome extenfion thereof, yet are very proper objects of fuch relief as is hereby intended to be given; be it therefore enacted, That all and every commiffion or war- Any commifrant officer or officers, in his Majesty's fea or land service, now rant officer, upon the full or half-pay lift, who fhall, on or before the twenty- who fhall furfixth day of June, one thousand feven hundred and feventy- render himeight, furrender himself or themselves to the gaoler or keeper felf, as is here. of any of his Majesty's prisons, in such manner as is herein di- in directed for rected for fugitive debtors returning from foreign parts, who ors, before fugitive debtmean to claim the benefit of this act, and who fhall, fubfequent June 26, 1778, thereto, conform themselves in all respects to the like terms and thall be inti conditions prescribed to fuch fugitive debtors, (except as to fo tled to the much of the oath required to be taken by them, as declares that fuch debtors were in foreign parts on a certain day, and did surrender within fourteen days after their return ;) instead whereof, every fuch debtor thall fwear, that he did, on or before the twenty fixth day of June, one thousand seven hundred and seventy-eight, [as the cafe may be], furrender himself to the custody of the gaoler or keeper of [infert the name

of the prifon], and who fhall, in all other refpects, take the fame oath as every fuch fugitive debtor is required to do, fhall be deemed and taken to be a prisoner or prisoners within the true meaning of this act, and be intitled to the benefits thereof, to all intents and purposes whatsoever.

A

benefit of this

act.

1

on account of

XXX. And whereas divers perfons are under a necessity of refiding abroad, to avoid being thrown into goal on account of annuities by them granted as a means of raising money either to themselves, or others for whom they have become furety, and fuch perfons cannot bave the benefit of a difcharge by virtue of this act, in respect of the accruing payments of fuch annuities fubfequent to the twenty-eighth day of January, one thousand feven hundred and feventy-eight; be it therefore further enacted by the authority aforefaid, That all Perfons be and every person or perfons who was or were actually beyond yond the seas the feas in foreign parts to avoid being thrown into gaol on ac- annuities count of debts so contracted on or before the faid twenty-eighth granted before day of January, one thousand seven hundred and seventy-eight, Jan. 28, 1778, and who fhall furrender himself or themselves to the gaoler who fhall furor keeper of any of his Majefty's prifons, in fuch manner as is render themfelves as fugi. herein directed for fugitive debtors returning from foreign parts tive debtors, who mean to claim the benefit of this act, and who fhall, fub- etc., shall be fequent thereto, conform themselves in all respects to the like intitled to the terms and conditions prefcribed to fuch fugitive debtors, thall, benefit of this notwithstanding the penal fum contained in any bond, judgement, or other affurance, whereby fuch annuity may have been fecured, fhould be larger than the fum limited by this act, be intitled to the benefits of this act to all intents and purposes; and such person or persons, fo conforming, fhall not afterwards. be arrested, or held to bail, or liable to imprifonment, on account of the accruing payment of any annuity thentofore granted or secured, or in refpect of any bond, judgement, or other VOL. XXXII. affurance,

H

act.