1735: 8 George 2 c.24: An Act to explain and amend an Act passed 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.
[Preamble, reciting the Acts]
‘WHEREAS an Act was made in the second Year of his present Majesty’s Reign,
intituled An Act for the Relief of Debtors with respect to the Imprisonment of their Persons; which Act was to continue in Force for five Years, and from thence to the End of the then next Session of Parliament, and no longer: And whereas an Act was made in the third Year of his present Majesty’s Reign,
intituled, An Act for explaining and amending an Act trade in the last Session of Parliament, intituled, An Act for the Relief of Debtors with respect to the Imprisonment of their Persons; both which said Acts expire with this present Session of parliament;’ Be it therefore enacted 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,
[The said Acts further continued to 25 March 1740, &c.]
That the said Acts, and the several Articles and Clauses therein contained, not hereby altered
[Exception. Farther continued by 21 Geo. 2. c. 33.]
(except the Clause in the said first mentioned Act, for setting mutual Debts one against the other) shall, together with the Alterations and Amendments herein after made, be and remain in full Force and Virtue until the twenty-fifth Day of March, which shall be in the Year of our Lord one thousand seven hundred and forty,
[See farther 32 Geo. 2. 28.]
and from thence to End of the then next Session of Parliament, and no longer.
II. And to prevent Persons who may be charged in Execution from lying in Prison until they have spent their Substance, wherewith they should satisfy their Creditors, and afterwards taking the Benefit of the said recited Acts when they have nothing left to deliver up to their Creditors; Be it enacted by the Authority aforesaid,
[The Time limited for exhibiting Petitions.]
That from and immediately after the Expiration of this present Session of Parliament, no Person charged, or to be charged in Execution, shall be allowed or permitted to exhibit a Petition to any of the Courts of Law from whence the Process issued, as is provided in the said recited Acts, or one of them, unless such Petition be exhibited before the End of the first Term, which shall be next after the End of this Session of Parliament, or before the End of the Term which shall be next after such Person shall be charged in Execution.
‘III. And whereas running of customable and prohibited Goods is grown to an excessive Height, and carried on with great Violence by evil Persons in Defiance of the Law, who do and may attempt to rescue such Persons as shall or may be taken by virtue of a Capias; and it is therefore not safe for persons so taken, to be carried by the Officer to a private House, as is provided in the said recited Acts, or one of them;’
[Persons taken by a Capias for running of customable Goods may be secured as before the passing those Acts.]
Be it enacted by the Authority aforesaid, That the said recited Acts, or any Part of them, shall not relate to any Person who shall be taken by virtue of a Capias for running of customable or prohibited Goods, or for receiving such Goods, knowing them to be run; but it shall and may be lawful for any Officer or Officers to secure such Person or Persons as shall be taken by virtue of such Capias for the Crimes aforementioned, in such Manner as might have been lawfully done, if the said recited Acts had never been made.
[The Clause in the first recited Act, relating to mutual Debts, made perpetual.]
‘IV. And whereas the Provision for setting mutual Debts one against the other, is highly just and reasonable at all Times;’ Be it therefore further enacted by the Authority aforesaid, That the said Clause in the said first recited Act, for setting mutual Debts one against the other, shall be and remain in full Force for ever.
V. And be it further enacted and declared by the Authority aforesaid, That by virtue of the said Clause in the said first recited Act contained, and hereby made perpetual, mutual Debts may be set against each other, either by being pleaded in Bar, or given in Evidence on the General Issue, in the Manner therein mentioned, notwithstanding that such Debts are deemed in Law to be of a different Nature;
[Exception.]
unless in Cases where either of the said Debts shall accrue by reason of a Penalty contained in any Bond or Specialty; and in all Cases where either the Debt for which the Action hath been or shall be brought, or the Debt intended to be set against the same hath accrued, or shall accrue, by reason of any such Penalty, the Debt intended to be set off, shall be pleaded in Bar, in which Plea shall be shewn how much is truly and justly due on either Side; and in case the Plaintiff shall recover in any such Action or Suit, Judgement shall be entered for no more than shall appear to be truly and justly due to the Plaintiff, after one Debt being set against the other as aforesaid.
[Quakers solemn Affirmation shall be taken in lieu of an Oath.]
VI. And be it further enacted by the Authority aforesaid, That in all Cases wherein by the said Acts, or either of them, an oath is required, the solemn Affirmation of any Person being a Quaker, shall and may be accepted and taken in lieu thereof; and every Person making such Affirmation, who shall be convicted of wilful and false affirming, shall incur and suffer such and the same Pains, Penalties and Forfeitures, as are inflicted and imposed by any Laws and Statutes of this Realm upon Persons convicted of wilful and corrupt Perjury.
[Farther Provisions concerning Prisoners, &c. 11 Geo. 2. c. 20. 16 Geo. 2. c. 31. 27 Geo. 2. c. 3 & 17. 32 Geo. 2. c. 28.]
Source: Statutes.org.uk.