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keeper of any such gaol or prison, at the time of the delivering venngthe in the lists, hereby directed to be delivered in, of prisoners in ^J^/ lia" any such gaol or prison, at any general quarter sessions of the fworn. peace, or some adjournment thereof, and not the principal gaoler or keeper, (unless where such principal gaoler or keeper mail act as.gaoler or keeper himself,) (hall 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 aforesaid, That Court, on rethe justices at any general quarter session of the peace, or ad- ^ctlto.r to * journment thereof, to which any prisoner shall be brought in administer an pursuance of this act, shall, if required by any creditor or ere- oath to the ditors of any such prisoner or prisoners, who shall oppose his or gaoler, her discharge, administer and give to the gaoler, or the person who acts as gaoler or keeper of any such prison, at the time of bringing up any such prisoner, in order to be discharged under this act, an oath to the following effect; (that is to fay):
A. B. do swear, That was really and truly a The oath.
prisoner in my custody, in the prison os to the best os my knowledge and belies at or upon the twenty-eighth dty of January, one thousand seven hundred and seventy-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 such detainer or commitment, without any fraud or deceit by me, or any other person zuhatsoever, to the be ft of my knowledge and belief
So help me GOD.
And if any person who was gaoler or keeper, or deputed gaoler J.f ^ctl P?rsofl or keeper, of any such gaol or prison, on the said twenty-eighth been gaoler^ day of January, one thousand seven hundred and seventy-eight, on Jan. 28, or since, (hall not happen to be the gaoler or keeper, or deputed 177s* then he gaoler or keeper, of any such gaol or prison, at the time any J1*11 ^ke the luch list as aforesaid is hereby required to be delivered in, then tolowin& the justices, at any such session, or at any adjournment thereof, may and are hereby required to administer and give to the respective person or persons, who shall be gaoler or keeper, or deputed gaoler or keeper of any such gaol or prison, and deliver in any such list as aforesaid, at any such general or quarter session, or any adjournment thereof, an bath, touching the commitments, or books of commitment, of any such prison, to the effect following; (that is to say):
IA* B. do swear, That I have examined the commitments, or books Oath*.kept of or concerning the commitment, of prisoners to the prison of
in' the [county, riding, divKfion, city, town, place, or liberty ■ •
os as the cafe flail be]; and that I do verily believe that:
the said commitments, or books of commitment, are really true, and not fiflitiouSy nor calculatedfor this purpose; anal by them it doth ap- ■ s.' 'p(ar
pear that was, on the twenty-eighth day 0/'January, one thou
sand seven hundred and seventy-eight, really and truly a prisoner in the a dual custody os the then gaoler or keeper^, or deputed
gaoler or keeper, of the said prison, without fraud or deceit by or any other person or persons to my knowledge and belief
So help me GOD.
XXVI. And, in order to discover any fraudulent entries or com* witments os prisoners in any gaol both, be it further enacted by the Court, at the authority aforesaid, That the justices, at any general or quarter ^dTf Tia r femon °^ tne Peace> or any adjournment thereof, are hereby ausummon the** thorites, at the request of any creditor or creditors of any priperson ^ho soner, to convene before them, at some certain time to be an
acted as gaoler pointed by them, any person or persons who was or were gaoler 17780V since °r keePer>. or deputed gaoler or keeper, of any gaol or prison
and examine him, on oath, etc.
Sheriff or gaoler, disobeying order of court, to forfeit 1001. with treble coiis.
within their respective jurisdictions, on the said Twenty-eighth day of January, one thousand seven hundred and seventy-eight, or at any time since ; and to examine every such gaoler or keeper, or deputed gaoler or keeper, on oath, touching the commitment and continuance in custody of any such prisoner, as the justices, at any such general or quarter session, or adjournment thereof, Giall think fit: and if any sheriff, gaoler, or keeper, or deputed gaoler or keeper, shall neglect or refuse to bring beforesuch justices, at any session of the peace, or adjournment thereof, any prisoner as shall be directed and required by warrant of any justice or justices as aforesaid, or to attend on being summoned for that purpose; or if any gaoler or keeper attending, shall refuse to make answer and discovery in the premises, as lhall be reasonably required at such general or quarter session, or any adjournment thereof, he, stie, or they, so offending in the premiies, shall, for every such offence, forfeit and pay the sum of one hundred pounds; to be recovered, by and in the name, and for the use, 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 Westminster, together with treble costs of suit.
XXVIs. And whereas a great number of workmen, skilful in the several trades and manufactures of this kingdom, and also many able seamen and mariners, finding themselves unable to satisfy the whole of their respective debts, and dreading the miseries of a gaol, have chose lo leave their employments and native country, and have entered themselves in foreign service: and whereas their continuance abroad must be of great prejudice to the trade of this kingdom \ in order therefore to induce and enable such persons to return, be it enacted by the authority aforesaid, That all and every debtor and debtors, whoh was or were actually beyond the seas, in foreign parts, on the Jan. z8, TyjZ, tenth day of March, one thousand seven hundred and se verity-eight, jut rendering and did not go into such foreign pnrts-with the view or intent to Themselves, gain or have the benefit of an insolvent debtor's act, who shall rT^iT^h* return and surrender himself or themselves within fourteen day? a!, next immediately after his or their landing in England* unto the1
c> • gaoler
Debtors who were beyond the seas on
gaoler or gaolers, keeper or keepers of the prisons of the King's Bench, Marfhalfea, or Fleet, or to the gaoler or keeper, or deputed gaoler or keeper, of the prison or prisons of such county, city, town, riding, division, liberty, or place, where such debtor or debtors last dwelt, for the space of six months, (which said gaoler or gaolers, keeper or keepers, is and are hereby required and impowered to receive and detain such debtor or debtors, surrendering as aforesaid, in order to their discharge, as hereinafter mentioned), and who, from and immediately after such, surrender, do continue in actual custody of such gaoler and gaolers, keeper or keepers, until the time of his discharge, (hall be deemed a prisoner or prisoners within, and be, to all intents and purposes, intitled to, the benefit of this act; and shall, upon due proof of the said premises, by the oath of such debtor or debtors (not disproved by any credible witness), be discharged in the same manner as if he, (he, or they, had been actually in prison on the said twenty^eighth day of January, one thousand seven hundred and seventy-eight, and continued therein as aforesaid; subject nevertheless to the fame restrictions and provisions, upon the fame - and a compliance with the like terms, conditions, and qualifi- terras as other cations, herein-before imposed upon the said prisoners actually Pris°ners> in custody upon the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, and also subject to the terms and provisions relating to the estate and effects of such prisoner, as aforesaid; excepting only such particulars thereof except in cer* as require the name of a prisoner to be inserted in the gaoler's tain paiticuor keeper's list, as aforesaid, as relate to the oaths of such gaoler ^ars* cr keeper herein-before appointed to be taken; which particulars cannot possibly be applied to the cafe of persons surrendering themselves as aforesaid; and also except the said oath herein"before appointed to be taken by prisoners rn custody upon the said twenty-eighth day of January, one thousand seven hundred and seventy-eight, instead whereof, the person or persons so surrendering shall take an oath, in open court, at some general or quarter session of the peace, or some adjournment thereof, of the county, city, town, riding, division, place, or liberty, in the prison of which any such fugitive or dehtor (hall be held, after the surrender of-any such fugitive or debtor, to the effect following; which, the said justices, authorised to put this act in execution, are hereby required and impowered to administer in, such manner asthe oaths herein-before mentioned are to be administered.
IA. B. upon my corporal oath, in 'the presence os Almighty God, /3-.Fugitives demnly swear, protest, and declare, Thar I was aclually on t he oath, tenth day of March, one thousand seven b'u?idred and sevaity-eights beyond the seas in foreign parts, videlicet, at
and that I did, within fourteen days, next immediately after my land*' ingr surrender myself to the custody of the keeper .of
[as the cafe may be};'and'that T have ever snei' tsuch my surrender 'continued a prisoner in his custody \ -and that-the
schedule now delivered, and by xnesubscribed, doth contain, to the best os my knowledge, remembrance, end belles a full, just, true, and per feel account and discovery, os all the real e/late, gpods, effiecls, and other personal estate, in any zvise belonging, to me; and also all ossuch debts as are to me owing, or to any person or persons in trust for me; and of all the securities and contrasts whereby any money now is, or will or may hereafter become payable, or ivhereby or ivherefrom any benefit or advantage may accrue to me, or to my use, or to any other person or persons in trust for me; and the names and places of abode of the several persons from ivbom such debts are due and owing; and of the witnej/es that can prove such dtbts or contracls, [if any such there be]; and that neither I, nor any persons in trust for me, is or are seised of any real estate, in possession, reversion, or remainder, or expectancy ^ or of any personal ejtate os any kind whatsoever, other than what are in the said schedule contained; except my wearing apparels and bedding for myself and family, my working tools, and necessary implements for my occupation and calling, together with a sum of money not exceeding forty shillings, and not exceeding in the whole the value of twenty pounds; and that I have not, direclly or indireelfy, fold9lessened, or otherwise conveyed, disposed of in trust, or concealed, all or any part of my real estate, money, goods, chattels, stocks, debts, securities, contracts, or personal estate whatsoever, ivhereby to secure the same, so as to receive or expeel any prosit or advantage therefrom to myself or family, or vrith any view, intent, or design, to defraud or deceive any creditor or creditors, to whom I am indebted in any wife boivfoever, or prevent their recovering or attaining their respective debts.
So help me GOD.
Fugitive ar- - XXVIII. Provided also, and be it enacted, That if any fu-* rested, intend- ghive intending to surrender to the terms of this act, shall, ckr in titled"1" w'tm^ r^e *Pace before-mentioned of fourteen days, be arrested to the benefit in any suit or action, which cause of action accrued before the' oi this act. said tenth day of March, one thousand seven hundred and seven• ty-eight, such fugitive giving notice (as before directed) to any justice of the peace at the next general quarter session or general session; and, in all other respects, complying with the terms and conditions of this act, shall be intitled to the benefit of the same 5 and every sheriff, bailiff, or officer, gaoler, or keeper of a prison, in whose custody such fugitive shall be detained, shall conform / him or themselves- to the directions of this act, in like manner
XXIX. And whereas a great number of commission and warrant officers, in his Majesty s sea and land service,-ivbo9 through unavoidable misfortunes, have involved themselves in debt, are now unable, though willing, to serve their king and countrybecause, to avoid the disgrace and shame os a prison, they have taken falter in privileged places, and • cannot come, forth without danger of. being immediately arrested, or have been thrown into prison, without hopes of being released by any discharge of their debts, and are therefore become useless and a heavy burtheny instead of being serviceable to the slate: and whereas many^ of them are not under the description of those persons who can tafo benefit by the provisions of this afl, ivitbout some extension thereof, yet are very proper objecls of such relief as is hereby intended to be given; be it therefore enacted, That all and every commission or war- Any dommisrant officer or officers, in his Majesty's fca or land service, now sion oro,vvarupon the full or half-pay list, who (hall, on or before the twenty- TM£o fal\\.fa(m sixth day of June, one thousand seven hundred and seventy- render himeight, surrender himself or themselves to the gaoler or keeper self, as is here* of any of his Majesty's prisons, in such manner as is herein di- J."J^cte^e^r rected for fugitive debtors returning from foreign parts, who 0^f] beforee mean to claim the benefit of this act, and who (hall, subsequent June 26, 177&, thereto, conform themselves in all respects to the like terms and shall be inticonditions prescribed to such fugitive debtors, (except as to so f]ecJ *° tt)e . much of the oath required to be taken by them, as declares that a^ne c ot such debtors were in foreign parts on a certain day, and did surrender within fourteen days after their return ;) instead whereof, every such debtor (hall swear, that he did, on or before the twenty sixth day of June, one thousand seven hundred and seventy-eight, [as the cafe may be], surrender himself to the custody of the gaoler or keeper of [insert the name
of the prison], and who (hall, in all other respects, take the fame oath as every such fugitive debtor is required to do, Oiall 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.
XXX. And ivhereas divers persons are under a necessity of residing abroad, to avoid being thrown into goal on account os annuities by them granted as a means of raising money either to themselves, or others for whom "they have become surety, and such persons cannot have the benefii of a discharge by virtue of this act, in respeel of the accruing payments os such annuities subsequent to the twenty-eighth day of January), one thousand seven hundred and seventy ^eight; be it therefore further enacted by the authority aforesaid. That all Persons bfrand every person or persons who was or were actually beyond y°nd the sea<?
the seas in, foreign parts to avoid being thrown into gaol on ac- on account °* or o o annuities
count of debts so contracted on or before the said twenty-eighth grantedbefore day of January, one thousand seven hundred and seventy-eight, Jan. a8, 1778, and who (hall surrender himself or themselves to the gaoler wil° ^al1 ruror keeper of any of his Majesty's prisons, in such manner as is kl've^as^Yherein directed for fugitive debtors returning from foreign parts tive debtors," who mean to claim the benefit of this act, and who (hall, sub- etc. shall be sequent thereto, conform themselves in , all respects to the like intitled to the terms and conditions prescribed to such fugitive debtors, (hall, ^neftt ot thl* notwithstanding the penal sum contained in any bond, judgement, or other assurance, whereby such annuity may have been secured, should be larger than the sum limited by this act, be intitled to the benefits of this act to all intents and purposes; and such person or persons, so conforming, (hall not afterwards be arrested, or held to bail, or liable to imprisonment, on account of the accruing payment of any annuity thentofore granted or secured, or in respect of any bond, judgement, or other Vol. XXXII. H assurance,