Preamble. Alphabetical hift to be CA P. LII. An act for the relief of infolvent debtors; and for the relief of bank-. rupts in certain cafes. WHEBEredincapable of HEREAS many perfons, by loffes and other misfortunes, are rendered incapable of paying their whole debts; and though they are willing to make the utmost fatisfaction they can, (and many of them are able to ferve his Majefty by fea or land), yet are they detained in prifon by their creditors, or have been forced to go into foreign paris out of this realm: and whereas such unhappy debtors have always been deemed the proper cbjects of publick compaffion, and, by feveral acts of parliament, have been discharged on the conditions in fuch acts mentioned; for the relief, therefore, of infolvent prifoners and fugitives, who shall comply with the terms contained in this act, to be respectively obferved by them, and faithfully discover upon oath, and deliver up and affign all their effects and estates whatjoever, for the benefit of their creditors, and to prevent, as far as polfible, the many frauds and abuses, which in a great measure, have obstructed the good ends of fuch acts; be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That, from and after the pafling of this act, all and every gaoler or keeper of any prifon, in any county, riding, divifion, city, town, place, or liberty, within this kingdom, fhall, is and are hereby required to make a true, exact, and perfect lift, alphabetically, of the name or names of all and every person or perfons, who, upon the twenty-eighth day of January, one thoufand feven hundred and feventy-eight, was or were, or at any time fince have been, under the terms and conditions herein mentioned, and at the time of making out every fuch lift shall be, really an actual prifoner or prifoners, in the cuftody of any gaoler or gaolers, keeper or keepers of any prifon refpectively, upon any process whatfoever, for or by reafon of any debt, damage, cofts, fum or fums of with the time money, contempt, or otherwife; and an account of the time whencharged, when fuch prifoner or prifoners was or were respectively chargand at whole ed in cuftody, or received in prifon, together with the name or names of the perfon or perfons at whofe fuit or profecution fuch. prifoner or prifoners is or are detained; and shall deliver the fame to the juftices of the peace, at their first or fecond general quarter feffion or general feffion of the peace, to be held after the paffing of this act, or at fome adjournment thereof, for fuch county, riding, divifion, city, town, place, or liberty, refpectively. made out of prifoners in cuitody for deht on Jan. 28, 1778, or fnce that dall', fuit. Lifts to be delivered to the quarter fefLions. Warden of the II. And be it further enacted, That the warden of his MaFleet, etc. to jefty's prifon of the Fleet, and marshal of the King's Bench Prijon, take an oath hall feverally, on the delivering in of any fuch lift of prisoners on delivering in their respective cuftody, take an oath, in the open court of fuch general quarter feffion of the peace, or at fome adjournment thereof, to the effect following; (that is to fay:) in lifts. I A. B. upon my corporal oath, in the prefence of Almighty God, do The cath. folemnly fwear, profefs, and declare, That all and every perfon and perfons, whofe name or names is or are inferted and contained in the first part of the lift by me now delivered in and fubfcribed, was and were, to the best of my knowledge and belief, upon the twenty-eighth day of January, one thousand feven hundred and feventy-eight, really and truly prisoners in actual cuftody, in the prifon or gaol of [infert the name of the prifon], at the fuit or fuits of the feveral perfon or perfons therein respectively mentioned; and alfo, that all and every perfon and perfons, whofe name or-names is or are inferted or contained in the fecond part of the faid lift now by me delivered in and subfcribed as aforefaid, have, fince the faid twenty-eighth day of January, one thousand feven hundred and feventy-eight, been committed or furrendered to the faid gaol or prison of [infert the name of the gaol or prifon], at the fuit or fuits of the Jeveral perfon or perfons therein respectively mentioned; except fuch perfon or perfons who is or are in fuch lift particularly mentioned and defcribed to have died, been difharged, or removed to fome other prifon, by process of law, fince the faid twenty-eighth day of January, one thousand Jeven hundred and feventy-eight; and alfo except such perJon or perfons who is or are in fuch I ft particularly mentioned and defcribed to have been permitted to have gone out of the said prifon, by day-rules of the court of [Common Pleas, or King's Bench, as the cafe fhall be] fince the faid twenty-eighth day of January, one thoufand feven hundred and feventy-eight, to tranfact their affairs; and also except fuch perfon or perfons who is or are therein also particularly mentioned and defcribed to have, upon the faid twenty-eighth day of January, one thousand seven hundred and feventy-eight, or fince, been in the rules of the faid prifon of the [Fleet, or King's Bench, as the cafe fhall be,] by leave of [the warden or marshal of the faid prifon, as the cafe fhall be]; and have, to the best of my knowledge and belief, really and truly, ever fince, continued and remained in actual cuftody in the faid prison of the [Fleet, or King's Bench, as the cafe thall be], or the liberties thereof, at the fuit or fuits of the feveral perfons in the faid lift respectively mentioned; [and if any prifoner or prifoners hath or have, fince the faid twenty-eighth day of January, one thousand feven hundred and feventy-eight, efcaped out of either of the faid prifons, then infert], except [infert the name or names of the prifoner or prifoners who have efcaped], who, without my knowledge, privity, or confent, bath or have escaped out of the faid prifon of and that the faid lift is a true, exact, perfect, and just list of all fuch perfons who were really and truly prisoners in actual cuftody in the faid gaol or prifon of on the faid twenty-eight day of January, one thousand seven hundred and feventy eight, and who, fince the faid twenty-eighth day of January, one thousand feven hundred and feventy-eight, have been committed to, and really have been, and now is or are, prisoner or prisoners, in actual cuftody, in the faid gaol or prifon of or the liberties thereof; and that none of fuch prisoners, to my knowledge, All other gaulers, on delivering in their hita, to take the following Cath. ledge, or with my privity, have voluntarily, or with defign, or in ex- except And that every other gaoler and keeper of any other prifon or prifons, in any county, city, town, riding, divifion, place, or liberty, fhall feverally, on the delivering in of any fuch litt reSpectively, take an oath in the open court of the general quarter feffion or general feffion of the county, city, town, divifion, liberty, or place, for which he or the thall deliver in any fuch lift, and fwear to the effect following; (that is to fay): A. B. upon my corporal oath, in the prefence of Almighty God, do folemnly fear, profefs, and declare, That all and every perfon and perfons, whofe name or names are inferted or contained in the first part of the lift by me now delivered in and fubfcribed, was and were, to the best of my knowledge and belief, upon the twenty eighth day of January, one thousand feven hundred and feventy-eight, really and truly prifoners in actual cuflody, in the prison or gaol of at the fuit or fuits of the feveral perfons therein respectively mention- ever fince the faid twenty-eighth day of January, one thousand feven on the jaid twenty-eighth day of January, one thousand feven hundred and feventy-eight, and who fince the faid twenty-eighth day of Ja nuary, nuary, one thousand feven hundred and feventy-eight, have been really and truly committed, or furrendered to the faid gaol or prison of (except as before excepted) to the best of my knowledge and belief; and that none of fuch prifoners, to my knowledge, or with my privity, have voluntarily, or with defign, or in expectation, to take any benefit from or under any act of parliament to be made for relief of infolvent debtors, furrendered or been committed to the faid prifon of or got his, her, or their name or names entered as prifoner or prifoners except Which faid refpective oaths the faid juftices, at the firft or fecond Oaths to be general quarter feffion or general feffion aforefaid, or at fome administered by the juftices adjournment thereof, within their refpective jurifdictions, are hereby impowered and required to adminifter in open court: and the words of the said oath herein- before directed to be taken and entered and fubfcribed by the said warden and marshal refpectively thall be entered or at the bottom written at the end or bottom of the lift which fhall be delivered of the lifts. in by them refpectively, and shall be fubfcribed and fworn to by them refpectively in open court; and the words of the oath to be taken by every fuch gaoler or keeper refpectively fhall be entered or written at the end or bottom of the lift which shall be delivered by them refpectively, and fhall be fubfcribed and fworn to by them refpectively in open court: and every fuch lift which kept by the fhall be fo delivered in, fubfcribed, and (worn to, in pursuance clerk of the of this act, shall be kept by the clerk of the peace, town clerk, or peace. other officer acting as clerk of the peace of every such county, riding, divifion, city, town, place, or liberty respectively, in which any fuch lift as aforefaid fhall be fworn to, for the better fatisfaction of the faid juftices, and information of all or any prisoner or prisoners. therein named; and fo as the fame may, from time to time, be feen and examined by any creditor or creditors of prisoner or prifoners, without fee or reward. Lifts to be etc. III. And be it further enacted by the authority aforefaid, Three copies That all and every gaoler and gaolers, and keeper of any gaol of lifts to be or prison, is and are hereby required, ten days at least before the fixed up in each prison, firft or fecond general quarter feffion or general feffion of the peace fhall be held, after the paffing of this act, for the county, riding, divifion, city, town, place, or liberty, in which any gaol or prison shall be, or to which the fame belong, to fix up in fome confpicuous place or places in every fuch prifon, and at the most frequented and ufual gate, door, or entrance, into every fuch prifon, three or more true copies of the lift or lifts proposed or intended to be delivered in by any fuch gaoler or keeper at the faid general quarter feflions, or at fome adjournment thereof. IV. And be it further enacted, That all and every perfon and perfons, whofe name or names fhall be inferted in any fuch lift to be delivered in as aforefaid, who, upon the faid twenty-eighth VOL. XXXII. Ꮐ day Perfons inferted in the lifts being prifoners, without a fraudulent day of January, one thoufand feven hundred and feventy-eight, intention, on were really and truly prifoners in the actual cuftody of any gaoler Jan. 28, 1778, or gaolers, or keeper of any prifon respectively of this kingdom, and did not come into or get his, her, or their names entered in the book of any gaol or prifon as a prifoner or prifoners there, with a view or defign to take the benefit of some act for relief of infolvent debtors, and who fhall take the oath herein after mentioned, and hall perform, on his or her part, what is required to be done by him or her by this act, fhall be for ever released and difcharged from his or her imprifonment, in fuch manner as hereafter is provided. and conform ing to this act, thall be dilcharged. Perfons arrested for debt, and held to bail, on or before Jan. 10, 1778, furren dering them felves on or before Feb. 12, any writ or V. Provided always, and be it enacted, That any perfon or perfons who thall have been arrested and in actual custody of an officer, for any fum or fums of money by virtue of procefs, iffuing out of any court of record, and held to bail thereon, and which bail fhall be upon record, on or before the tenth day of January, one thousand feven hundred and seventy-eight, and who thall have, on or before the twelfth day of February, one thousand seven hundred and feventy-eight, furrendered him, 1778,and con. forming to her, or themselves, in difcharge of his, her, or their bail, and this act, thall hall thereupon have been committed to prifor, every such perbe discharged. fon or perfons fhall, upon due proof of the premifes upon oath, be difcharged from his, her, or their imprisonment, in like manner as if fuch perfon or perfons had been actually in prifon on the twenty-eighth day of January, one thousand feven hundred and feventy-eight, fubject, nevertheless, to the fame retrictions and provifions, and a compliance with the like terms, conditions, and qualifications, herein-before impofed upon perfons actually in cuitody on the twenty-eighth day of January, one thousand feven hundred and feventy-eight, and alfo fubject to the fame terms and conditions relating to the eftate and effects of every fuch prifoner as aforefaid. Juftices, on petition of any prifoner, and his deli vering a fche dule of his estate, may iffue their warrant for bringing him to the quarter feffions, etc. with the war rant of his detainer, etc. VI. And be it further enacted, That it fhall and may be lawful for any juftice or juftices of the peace of any county, riding, divifion, city, town, place, or liberty, within this kingdom, upon the petition of any fuch prifoner or prifoners to any juftice or juftices of the peace, within his or their respective jurifdictions, upon every such prifoner or prifoners, fo petitioning, and, at the time of his or her fo petitioning, leaying with the juftice or juftices of the peace who thall be fo-petitioned, a true copy of the fchedule, containing his or her intended difcovery of his or her -real and perfonal estate, to be sworn to at the firft or fecond ge -neral quarter fellion next enfuing after every fuch petition, or fome adjournment thereof, by warrant under his hand and feal, or their hands and feals, to require-the theriff or sheriffs, gaoler or gaolers, or keeper of any fuch prifon within the jurifdiction of any fuch justice or juftices, to bring before the juftices, at the firft or fecond next general quarter feffion or general feffion of the peace, or any adjournment thereof to be held, as the cafe shall happen to be, next after the expiration of ten days from the date of fuch warrant, for fuch refpective county, riding, di ་ vilion, |