1748: 21 George 2 c.33: Continuing laws for the relief of debtors

1748: 21 George 2 c.33: An act to continue and amend several laws for the relief of debtors with respect to the imprisonment of their persons; and to rectify a mistake in an act passed in the last session of parliament for continuing several laws therein mentioned; and to continue two acts, the one passed in the nineteenth year, the other in the twentieth year of his present Majesty’s reign, to prevent the spreading of the distemper amongst the horned cattle.

WHEREAS the laws herein after-mentioned (which have by experience been found useful and beneficial) are near expiring; may it therefore please your Majesty, that it may be enacted; and be it enabled by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That an act made in the second year of the reign of his present Majesty, intituled, An act for the relief of debtors with respect to the imprisonment of their persons; which was to continue in force for the term of five years, and from thence to the end of the then next session of parliament; and was explained and amended by an act made in the third year of the reign of his present Majesty; and which by another act made in the eighth year of the reign of his present Majesty, was further explained, and amended, and continued, until the twenty fifth day of March, one thousand seven hundred and forty, and from thence to the end of the then next session of parliament; and which by another act made in the fourteenth year of the reign of his present Majesty, with the several clauses and articles therein contained (except the clause in the said last-mentioned act, for setting mutual debts one against the other, which by the said act is made perpetual) was further continued, from the expiration thereof, until the first day of June, one thousand seven hundred and forty seven, and from thence to the end of the then next session of parliament; and the several articles and clauses therein contained, not hereby altered, except the clause for setting mutual debts one against the other, which is already made perpetual, shall, together with the alterations and amendments herein after made, be and remain in full force and virtue, until the first day of June, one thousand seven hundred and fifty four, and from thence to the end of the then next session of parliament.

II. And for the better preventing persons who take the benefit of the recited act, made in the second year of his present Majesty’s reign, from concealing or fraudulently disposing of their effects, be it enacted by the authority aforesaid, That from and immediately after the expiration of this present session of parliament, every person who shall exhibit a petition in pursuance of the said recited act, shall, in such petition, not only set forth an account of all the real and personal estate, which such person so petitioning was intitled to at the time of his or her petition, but also of all the real and personal estate which he or she was intitled to at the time of his or her first imprisonment, in the action in which such person is charged in execution; and every person so petitioning shall, instead of the oath required by the said recited act, take, and the court shall administer an oath to the effect following, videlicet;

I A. B. do swear, in the presence of Almighty God, That the account by me delivered into this honourable court, in my petition to this court, doth contain a true and full account of all the real and personal estate, debts, credits, and effects whatsoever, which I or any in trust for me, at the time of my first imprisonment in this action, or at any time since, had or was in any respect intitled to in possession, reversion, or remainder (except the wearing apparel, and bedding for me and my family, and the tools or instruments of my trade or calling, not exceeding ten pounds in value in the whole) and also an account how much of such real and personal estate, debts, credits, or effects, hath been since disposed of, released, or discharged, and how, to whom, and on what consideration, and for what purpose, and how much thereof, I or any in trust for me have, or at the time of any said petition had, or am or was in any respect intitled to in possession, remainder, or reversion; and that I have not, at any time before or since my imprisonment, directly or indirectly, sold, leased, assigned, mortgaged, pawned or otherwise disposed of, or made over in trust for myself, or otherwise than is mentioned in such account, any part of my lands, estates, goods, stock, money, debts, or other real or personal estate, whereby to have or expect any benefit or profit to myself or to defraud any of my creditors to whom I am indebted.

III. And whereas an act made in the eighth year of the reign of his late Majesty, intituled, An act to prevent the clandestine running of goods, and the danger of infection thereby; and to prevent ships breaking their quarentine; and to subject copper ore of the production of the British plantations, to such regulations as other enumerated commodities of the like production are subject; which was to be in force for two years, from the twenty fifth day of March, one thousand seven hundred and twenty two, and from thence to the end of the then next session of parliament: and by several subsequent acts (except the clause obliging all ships and vessels to perform quarentine) was to have further continuance, to the first day of June, one thousand seven hundred and forty seven, and from thence to the end of the then next session of parliament: and whereas by an act made in the twentieth year of the reign of his present Majesty, the said act was intended to be further continued to the first day of June, one thousand seven hundred and fifty four, but by mistake, the year one thousand seven hundred and forty seven was inserted therein, instead of the said year one thousand seven hundred and fifty four; therefore for rectifying the said mistake, be it further enacted by the authority aforesaid, That the said act shall be, and is hereby further continued, from the expiration thereof, until the first day of June, one thousand seven hundred and fifty four, and from thence to the end of the then next session of parliament.

IV. And whereas an act made in the nineteenth year of the reign of his present Majesty (intituled, An act to enable his Majesty to make rules, orders, and regulations more effectually to prevent the spreading of the distemper which now rages amongst the horned cattle in this kingdom) which was to continue and be in force for the space of eight months, and to the end of the then next session of parliament; and by an act made in the twentieth year of the reign of his present Majesty, was explained, amended, and continued, and to be in force with the said last-mentioned act, for the space of eight months, from the tenth day of January, one thousand seven hundred and forty six, and from thence to the end of the then next session of parliament: and whereas the contagious distemper still continues to rage amongst the oxen, bulls, cows, calves, steers, and heifers, in several parts of this kingdom; be it therefore further enacted by the authority aforesaid, That the said acts of the nineteenth and twentieth years of the reign of his present Majesty, shall be, and the same are hereby further continued, from the expiration thereof, until the twenty fourth day of September, one thousand seven hundred and forty eight, and from thence to the end of the then next session of parliament.

Source: Pickering, Statutes at Large, volume 19.