1742: 16 George 2 c.17: Relief of Insolvent Debtors.

1742: 16 George 2 c.17: An Act for the Relief of Insolvent Debtors.

[Preamble.]

Whereas many Persons, by Losses and other Misfortunes, are rendered uncapable of paying their whole Debts; and though they are willing to make the utmost Satisfaction they can, are nevertheless detained in Prison by their Creditors: And whereas such unhappy Debtors have always been deemed the proper Objects of publick Compassion, and by several Acts of Parliament have been discharged: For the Relief therefore of Insolvent Prisoners, who shall faithfully discover upon Oath, and deliver up and assign all their Estates and Effects whatsoever, for the Benefit of their Creditors; and to prevent, as far as possible, the many Frauds and Abuses, which in a great measure have obstructed the good Ends of such former Acts, be it 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,

[Sheriffs and Gaolers to deliver a List of their Prisoners, &c. to the Justices, &c.]

That all and every Sheriff or Sheriffs, Gaoler or Keeper of any Prison or Prisons, in any County, Riding, Division, City, Town, and Liberty, within this Kingdom respectively, shall, and is or are hereby impowered and required to take and make a true, exact, and perfect List alphabetically, of the Name or Names of all and every Person or Persons, who upon the First Day of January, in the Year of our Lord One thousand seven hundred and forty two, was or were actually Prisoner or Prisoners in the Custody of any such Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any Prison respectively, upon any Process whatsoever, for or by any reason of any Debt, Damages, Costs, Sum or Sums of Money, and of the Time when such Prisoner or Prisoners were charged in Custody, together with the Name or Names of the Person or Persons at whose Suit such Prisoner or Prisoners is or are detained; and shall deliver the same to the Justices at their first General or Quarter Sessions of the Peace to be held after the Twenty fourth Day of June, One thousand seven hundred and forty three, for such County, Riding, Division, City, Town, or Liberty respectively,

[and take the following Oath.]

and shall in open Court take an Oath to the Effect following; videlicet,

I A.B. do upon my corporal Oath in the Presence of Almighty God, solemnly swear, profess, and declare, That all and every Person and Persons whose Name or Names are inserted and contained in the foregoing List by me now delivered and subscribed, were to the best of my Knowledge and Belief, upon the First Day of January, One thousand seven hundred and forty two, really and truly Prisoners in the Prison or Gaol of ______ at the Suit or Suits of the several Persons therein respectively mentioned, and that the said List is a true, exact, perfect, and just List of all such Persons as were really and truly Prisoners in the said Gaol or Prison of ______ on the said First Day of January, One thousand seven hundred and forty two.

So help me God.

Which Oath the Justices at the said General or Quarter-sessions in open Court are hereby impowered to administer; the Words of which Oath shall be entered or written at the End or Bottom of every such List so delivered and subscribed in open Court, by every such Sheriff, Gaoler, or Keeper respectively; which list so subscribed and sworn unto shall be kept by the Clerk of the Peace of every such County, Riding, Division, City, Town, or Liberty respectively, for the better Satisfaction of the said Justices, and Information of all Creditors, and to be seen without Fee or Reward;

[To be kept by the Clerk of the Peace.]

and the said Justices at the said General or Quarter-sessions shall order Copies of the said List or Lists to be printed by the Clerk of the Peace; for each of which printed Copies he may take according to the Quantity of the Names therein contained, what shall be ordered by the said Justices, not exceeding One Shilling for each List, the same to be paid by such Person or Persons as shall desire such Copy or Copies.

And to the end that no such poor Prisoner may be defeated of his or her Discharge, according to the true Intent and Meaning of this Act, by having his, her, or their Name or Names left out of the said Lists so to be delivered; be it further enacted by the Authority aforesaid,

[Sheriffs and Gaolers to set up Three or more Lists at the Entrance into the Prisons.]

That all and every such Sheriff and Sheriffs, Gaoler or Gaolers, or Keeper of any Prison, is and are hereby required to fix up on the most conspicuous Place or Places in every such Prison, and at the most frequented and usual Gate, Door, or Entrance into every such Prison, Three or more true Copies of the List or Lists to be delivered at the said General or Quarter-sessions, Ten Days before the said Sessions;

[Penalty for refusing.]

and if any such Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of any such Prison, shall, in any such List, to be delivered in as aforesaid, neglect or refuse to insert the Name of any Prisoner or Prisoners, who was or were in Prison on the said First Day of January, One thousand seven hundred and forty two, the Person or Persons so neglecting or refusing to insert the same, shall, for every such Name or Names so omitted, incur and be subject to such Penalty or Penalties as are herein after imposed or laid on every such Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers, who shall neglect or refuse to make out, fix up, or deliver such List as aforesaid; to be recovered in the same Manner, and to be applied to such Use and Uses, as are herein after directed, for the Recovery and Application of the Penalty, in Case of Neglect or Refusal to make out such Lists as aforesaid.

[Persons insert in the Lists, and Prisoners on 1 Jan. 1742 shall be discharged.]

And be it further enacted by the Authority aforesaid, That all and every Person and Persons whose Names shall be inserted in such Lists to be delivered in as aforesaid, who, upon the said First Day of January, One thousand seven hundred and forty two, were actually Prisoners in the Custody of any Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any Prison respectively, of this Kingdom, who shall take the Oath herein after mentioned, shall and may be for ever released and discharged from their Imprisonment, in such Manner as hereafter is provided; that is to say, It shall and may be lawful for any Justice or Justices of any County, Riding, Division, City, Town, or Liberty, within this Kingdom (upon the Petition of such Prisoner or Prisoners) by Warrant under his or their Hands and Seals, to require the said Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any such Prison, within his or their respective Jurisdictions, to bring before the Justices at the next General or Quarter Sessions of the Peace, to be held next after the Expiration of Thirty Days from the Date of the said Warrant for such respective County, Riding, Division, City, Town, or Liberty, the Body of any Person being in the said Prison, as aforesaid, with the Warrant or Warrants of his or her Detainer, together with a Copy or Copies of the Cause or Causes which he, she, or they is or are charged with, in the several Gaols and Prisons as aforesaid, at the Time aforesaid; which Warrant of the said Justice or Justices, every such Sheriff, Gaoler, or Keeper, is hereby commanded to obey;

[They are to deliver in a Schedule of their Estates, &c.]

Prisoner coming before such Justices at the said General or Quarter Sessions, shall, in open Court, subscribe and deliver in a Schedule of his or her whole Estate, and the Names of his or her several Debtors, and the several Sums of Money from them respectively secured or owing upon any Speciality, Contract, or other Account whatsoever, and the Names and Places of Abode of the several Persons from whom such Debts are due and owing, and of the Witnesses who can prove such Debts or Contracts (if there be any such)

[and make Oath.]

and make Oath and swear to the Effect following; that is to say,

I A.B. do, upon my Corporal Oath, in the Presence of Almighty God, solemnly swear, protest, and declare, That on the First Day of January, in the Year of our Lord One thousand seven hundred and forty two, I was a Prisoner within the Prison of ______ in the Custody of the Gaoler or Keeper of the said Prison of ______ at the Suit of ______ without my Consent or Procurement, and without any Fraud or Collusion whatsoever; and that the Schedule now delivered, and by me subscribed, doth contain, to the best of my Knowledge, Remembrance, and Belief, a full, just, true, and perfect Account and Discovery of all the Estate, Goods, and Effects unto me in any wise belonging, and such Debts as are to me owing, or to any Person or Persons in Trust for me; and of all the Securities and Contracts whereby any Money now is, or will, or may hereafter become payable, or any Benefit or Advantage accrue to me, or to my Use, or to any Person or Persons in Trust for me, and the Names and Places of Abode of the several Persons from whom such Debts are due and owing, and of the Witnesses that can prove such Debts or Contracts; and that neither I, nor any other Person or Persons in Trust for me, have Lands, Money, Stock, or any Estate, Real or Personal, in Possession, Reversion, or Remainder, other than what are in the said Schedule contained, excepting Wearing Apparel, Bedding for myself and Family, Working Tools and necessary Implements for my Occupation and Calling, and these in the whole not exceeding the Value of Ten Pounds; and that I have not directly or indirectly sold, lessened, or otherwise conveyed, disposed of in Trust, or concealed, all or any Part of my Land, Money, Goods, Chattels, Stocks, Debts, Securities, Contracts, or Estates, Real or Personal, whereby to secure the same, or to receive or expect any Profit or Advantage thereof, or to defraud or deceive any Creditor or Creditors to whom I am indebted, in any wise howsoever,

So help me God.

And which said Schedule, being so subscribed, in the Presence of the Justices in open Court and Session aforesaid, is to remain with the Clerk of the Peace for the better Information of all the Creditors of such Prisoner; and all the Estate, Right, Title, Interest, and Trust of such Prisoner, of, in, and into such Real Estate, as well Copy or Customary-held, as Freehold,

[Schedule vested in the Clerk of the Peace,]

and such Personal Estate, Debts, and Effects contained in such Schedule as aforesaid, shall, immediately after the Discharge of such Prisoner, be and is hereby vested in the Clerk of the Peace, of and for the County, Riding, City, or Town-corporate,

[who is to assign it to the Creditors,]

who is hereby directed and authorized, by Order of the Justices at their General or Quarter-sessions of the Peace, to make an Assignment of the said Estate and Effects, to such of the Creditors of the said Prisoner, as the major Part of the said Creditors of the said Prisoner, who shall apply for the same, by any Writing under their Hands, shall direct or appoint (for which Assignment the said Clerk of the Peace shall take a Fee of Two Shillings, and no more) in Trust for themselves and the reat of the Creditors; which said Assignee or Assignees is and are hereby impowered to sue in his, her, or their own Name or Names, for and to recover and receive the same, and to give sufficient Discharge and Discharges to each respective Debtor or Debtors,

[to be divided among the Creditors.]

and fully to divide the said Prisoner’s Estate and Effects, or the Monies arising from the Sale or Disposition thereof (such Sale or Disposition to be approved by the major Part of the said Creditors, in Writing as aforesaid) among the Creditors of such Prisoner, who, within One Month after Notice of such intended Dividend be published in the London Gazette, shall produce to such Assignee or Assignees, an Affidavit made before one or more Justice or Justices of the Peace, who is and are hereby impowered to take the same, proving his or her Debt due from the said Prisoner so discharged, in equal Proportions, according to their respective Debts; and after the same is recovered and received, to render the Overplus, if any shall be (their own Debts and Charges first deducted) to the Prisoner, his Executors, or Administrators.

[Assignees of Copyhold Estates to agree with the Lord of the Manor.]

Provided always, That all and every such Assignee and Assignees of every Copyhold or Customary Estate of such Prisoner as aforesaid, shall before such Time as he or they, or any of them, shall enter or take any Profit thereof, agree and compound with the Lord or Lords of the Manor or Manors of whom the same shall be holden, for such Fine or Income upon any Surrender and Admission as heretofore have been most usual and accustomed to be paid;

[On such Agreement, Lord to grant to the Assigness the Copyhold.]

and that upon every such Agreement or Composition, the said Lord or Lords for the time being, at the next Court to be holden for the said Manor or Manors, shall grant unto the said Assignee or Assignees the said Copyhold or Customary Estate, by Copy of Court Roll, according to the Custom of the said Manor or Manors, for and during the Estate or Interest to him or them so assigned as aforesaid; reserving the Rents, Duties, Heriots, Customs, and Services to which the said Copyhold or Customary Estate was subject and liable to at the Time of the said Assignment; and shall also at the same Court admit the said Assignee or Assignees, Tenant or Tenants of the same, according to the Custom of the said Manor or Manors.

[Not to affect any Estate in Expectancy.]

Provided also, That nothing herein before contained shall extend to prejudice or affect any Estate, or Interest, or Right whatsoever of any other Person or Persons than the said Prisoner, which may be expectant upon, or subsequent unto the Estate or Interest of the said Prisoner, hereby vested in the said Clerk of the Peace; but that the Estate, Interest, and all Rights whatsoever, of every such other Person or Persons as aforesaid, shall remain and continue in the same Manner as if this Act had not been made.

[Rent due from a Prisoner to be transferr’d to the Landlord.]

Provided always, and be it enacted by the Authority aforesaid, That where any Rent, not exceeding Two Years Rent, shall be due to any Person or Persons from such Prisoner or Prisoners, at the Time of his or their respective Discharges, in respect of any Messuages, Lands, or Tenements then in Lease to such Prisoner or Prisoners respectively, for Life or Lives, for Years, at Will, or otherwise, no Goods or Chattels then lying or being in or upon the respective Tenements so in Lease, or liable to be distrained, shall be assigned by the Clerk of the Peace in Manner aforesaid, but shall by such Clerk of the Peace be transferred to such Landlord or Landlords, or some Person or Persons instructed for him or them respectively, towards Satisfaction of the Rent then due, not exceeding Two Years Rent as aforesaid, unless the Person or Persons to whom such Assignment shall be made, by such Clerk of the Peace, shall, by Writing under his or their respective Hands and Seals before such Assignment, agree to pay or satisfy to such Landlord or Landlords the Rent to him or them respectively due, not exceeding Two Years Rent as aforesaid, to the Intent that such Landlord or Landlords may be satisfied the Rent or Rents due to him or them respectively due, before any Division of the Estate or Effects of such Prisoner or Prisoners among his other Creditors, in like Manner as he or they might be satisfied the Rent to him or them respectively due, before the Removal of such Goods and Chattels by virtue of an Execution, by Force of the Statute made in the Eighth Year of her late Majesty’s Reign, intituled, An Act for the better Security of Rents, and to prevent Frauds committed by Tenants; any thing herein before contained to the contrary thereof in any wise notwithstanding.

[This Act not to extend to Mortgages,]

Provided also, and be it enacted by the Authority aforesaid, That nothing in this Act shall extend or be construed to hinder or prevent any Mortgage or Mortgages upon the Estate of such Prisoner or Prisoners, or any Part thereof, to take Place upon the Lands, Tenements, or Hereditaments comprised in such Mortgage or Mortgages respectively;

[nor to prevent any Statute-Staple, &c.]

nor to prevent any Statute Staple, Statute Merchant, Recognizance or Judgement acknowledged by, or obtained against any such Prisoner or Prisoners, to take Place upon the Lands, Tenements, or Real Estate of such Prisoner or Prisoners; and also where Inquisition shall have been taken upon any such Statute or Recognizance, or any Writ of Execution shall have been taken out and delivered to the Sheriff, or proper Officer, upon any such Judgement, before such Assignment made by the Clerk of the Peace as aforesaid, upon his or their Personal Estate respectively, preferably and prior to any Division of the Estate and Effects of such Prisoner or Prisoners among his other Creditor or Creditors, for so much as shall remain really due upon such Mortgage, Statute, Recognizance, or Judgement respectively, in like Manner as such Mortgagees and Creditors, by Statute, Recognizance, or Judgement, would have been preferred to other Creditors of an inferior Nature, against the Real or Personal Estate of such Prisoner and Prisoners respectively, if this Act had not been made; any thing herein before contain to the contrary thereof in any wise notwithstanding.

And whereas many Persons who may be intitled to, and claim the Benefit of this Act, are seized and possessed of Lands, Tenements, and Hereditaments, to hold to such Prisoners for the Term of their natural Lives, with Power of granting Leases (for Fines, reserving small Rents) on such Estates for one, two, or three Lives, in Possession, Reversion, or for some Number of Years determinable upon Lives, which said Powers ought to be executed for the Benefit of the Creditors of such Prisoners; be it therefore enacted by the Authority aforesaid, That in every such Case, all and every the Powers of leasing such Lands, Tenements, and Hereditaments, which are or shall be vested in or claimed by any such Prisoner or Prisoners as aforesaid, shall be and are hereby vested in the Assignee or Assignees of the Real and Personal Estate of such Prisoner by virtue of this Act, to be by such Assignee or Assignees executed for the Benefit of all and every the Creditors of such Prisoners as aforesaid.

[Justices who grant Warrants for bringing Prisoners to the Quarter-sessions, shall give Notice to be served on the Creditors.]

And be it further enacted by the Authority aforesaid, That the Justice or Justices, who shall grant such Warrant or Warrants for bringing such Prisoner or Prisoners before the Justices at the General or Quarter Sessions, shall give a Writing, importing Notice to all the Creditors of such Prisoner or Prisoners petitioning as aforesaid, under his or their Hands and Seals, that he or they hath or have granted such Warrant, and that the said Prisoner or Prisoners hath or have petitioned to be discharged; and the said Notice shall be left for, or served upon the Person or Persons, his or their Executors or Administrators, or some or one of them, or his or their Attorney or Agent lawfully authorized; or the same, or a true Copy thereof, shall be left at the Dwelling-house, or usual Place of Abode, of the said Person or Persons, or with the Attorney, Solicitor, or Agent last employed in the Cause or Causes by the said Plaintiff or Plaintiffs, at whose Suit the Prisoner or Prisoners shall be imprisoned;

[Prisoners to give like Notice to the Creditors,]

and every Prisoner confined in Prison within the City of London, or weekly Bills of Mortality, shall cause the like Notice to be given to every other Creditor inhabiting, or otherwise residing within the said City, or Weekly Bills; and also that the like Notice shall be given to every other Creditor inhabiting, or otherwise residing within Ten Miles of the Prison, where such Prisoner shall be in Custody; which said Notice shall be left with, or served on, the Person or Persons, as before directed, Thirty Days before such General or Quarter Sessions appointed by said Warrant;

[and publick Notice in the Gazette, 30 Days before the Sessions.]

and publick Notice shall also be inserted in the London Gazette, containing the Name, Trade or Occupation, and last Place of Abode of every Prisoner, and the Prison wherein he or she is confined, and of his or her Intention to take the Benefit of this Act, for which there shall be paid One Penny, for each Name, and no more, Thirty Days before such General or Quarter Sessions appointed as aforesaid by the said Warrant; so that as well all the said Creditors as have not charged the said Prisoner or Prisoners in Custody, as those Creditors which have, shall have sufficient Notice as aforesaid; and the said Prisoner or Prisoners may appear before the Justices at the General or Quarter Sessions to be held for the same County, Riding, Division, City, Town, or Liberties as aforesaid; and in Case it shall be proved upon Oath before the said Justices, that the said Notice was so served or left as aforesaid, and publick Notice inserted in the London Gazette, Thirty Days before the said General or Quarter Sessions, and that the said Person so petitioning was actually a Prisoner as aforesaid, on the said First Day of January, One thousand seven hundred and forty two;

[The Prisoner’s Oath not being disproved, &c. the Justices are to discharge him.]

and the said Oath taken by the said Prisoner be not disproved by good Testimony of any credible Person or Persons on Oath, to be administered by the said Justices; then the said Justices in their said General or Quarter Sessions, or the Major Part of them, being satisfied therewith, shall thereupon, by Order of the said Sessions, command the Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any such Prison or Prisons, forthwith to set at Liberty such Prisoner, without having or taking any Fee or Reward, other than One Shilling for his or their Attendance with such Prisoner at such General or Quarter Sessions, in order for his or her Discharge; which Sum of One Shilling such Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of such Prison, are hereby authorized and impowered to receive and take for the Purposes aforesaid, and no more; which Order shall be a sufficient Discharge to the Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of such Prison or Prisons, and shall indemnify him or them against any Escape or Escapes, or Action or Actions whatsoever, which shall or may be brought, commenced or prosecuted against him or them by reason thereof.

[Court, if required by the Creditor, to administer an Oath to the Gaoler.]

And be it further enacted by the Authority aforesaid, That any Court or General or Quarter Sessions, which, pursuant to the true Intent and Meaning of this Act, shall make any Order for the Discharge of any Prisoner or Prisoners aforesaid, shall, if required by any Creditor or Creditors, who shall oppose such Prisoners Discharge, administer, and give such Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of such Prison or Prisons, wherein the said Prisoner or Prisoners is or are, an Oath to the Effect following; that is to say,

[Gaoler’s Oath.]

I A.B. do swear, That ______ was really and truly my Prisoner, in my Custody in the Prison of ______ to the best of my Knowledge and Belief, at or upon the said First Day of January, in the Year of our Lord One thousand seven hundred and forty two; and the Warrant or Warrants of his or her Detainer, and the Copy or Copies of the Cause or Causes now by me brought, with the Body of the said ______ is the Warrant of his or her Detainer, and is or are a true Copy or Copies, without any Fraud or Deceit by me or any other, to the best of my Knowledge.

So help me God.

[Gaolers, who were not so n 1 Jan. 1742, to take the following Oath.]

Provided always, and be it enacted by the Authority aforesaid, That if such Person or Persons, as was the Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of such Gaol or Prison, on the said First Day of January, One thousand seven hundred and forty o, shall not happen to be the Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of such Gaol or Prison, at the Time of making such Order; that the said General or Quarter-Sessions, if required, as aforesaid, shall administer and give to such Persons as shall be Sheriffs, Gaoler or Keeper of such Prison or Prisons at the Time of making such Order, an Oath touching the Commitments, or Books of Commitment, to the effect following; that is to say,

[The Oath.]

I A.B. do swear, That I have examined the Commitments or Books kept of or concerning the Commitment of Prisoners to the Prison of ______ in the County of ______ and I verily believe, that the said Commitments or Books of Commitment are really true, and not fictitious, nor calculated for this Purpose; and by them it does appear, that ______ was on the said First Day of January, in the Year One thousand seven hundred and forty two, really and truly a Prisoner in the Custody of ______ the then Sheriff, Gaoler, or Keeper of the said Prison, without Fraud or Deceit by me or the said ______ or any other Person or Persons, to my knowledge.

So help me God.

And whereas great Numbers 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 Goal, have chose to 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,

[Tradesmen and Mariners who were beyond Sea on 1 Jan. 1742. may surrender themselves, and be intitled to the Benefit of this Act.]

That all and every Debtor and Debtors, who was or were actually beyond the Seas in Foreign Parts, on the First Day of January, One thousand seven hundred and forty two, who shall return and surrender himself or themselves unto the Gaoler or Gaolers, Keeper or Keepers of the Prisons of the King’s Bench, Marshalsea, or Fleet, or to the Prison or Prisons of such County or Counties where such Debtor or Debtors last dwelt for the Space of Six Months (which said Gaoler or Gaolers, Keeper or Keepers, are hereby required and impowered to receive and detain such Debtor or Debtors surrendering, as aforesaid, in order to their Discharge as herein after mentioned) shall, from and immediately after such Surrender as aforesaid, 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 Premisses, by the Oath of such Debtor or Debtors (not disproved by any credible Witness) be discharged in the same Manner as if he or they had been actually in Prison on the said First Day of January, One thousand seven hundred and forty two, and continued therein as aforesaid;

[but subject to the same Restrictions as the other Prisoners.]

subject nevertheless to the same Restrictions and Provisions, and upon Compliance with the same Terms, Conditions, and Qualifications herein before imposed upon the said Prisoners actually in Custody upon the First Day of January One thousand seven hundred and forty two, and also subject to the Terms and Provisions relating to the Estate and Effects of such Prisoners as aforesaid; excepting only such Particulars thereof as require the Name of a Prisoner to be inserted in the Sheriff’s, Gaoler’s, or Keeper’s List as aforesaid, or relate to the Oaths of such Sheriff, Gaoler, or Keeper herein before appointed to be taken, and also so much thereof as requires Notice to be served upon the Person or Persons at whose Suit or Suits such Prisoner is confined, which Particulars cannot possibly be applied to the Case of Persons surrendering themselves, as aforesaid; and also except the said Oath herein before appointed to be taken by Prisoners in Custody upon the said First Day of January, One thousand seven hundred and forty two, instead whereof, the said Person or Persons, so surrendering, shall take an Oath to the Effect following, which the said Justices, authorized to put this Act in Execution, are hereby required and impowered to administer, in such Manner as the Oaths herein before mention are to be administered:

[The Oath.]

I A.B. do, upon my Corporal Oath, in the Presence of Almighty God, solemnly swear, protest, and declare, That I was actually on the said First Day of January, One thousand seven hundred and forty two, beyond the Seas in Foreign Parts, videlicet, at and that the Schedule now delivered, and by me subscribed, doth contain, to the best of my Knowledge, Remembrance, and Belief, a full, just, true, and perfect Account and Discovery of all the Estate, Goods, and Effects, unto me in any wise belonging, and such Debts as are to me owing, or to any Person or Persons in Trust for me, and of all the Securities and Contracts whereby any Money now is, or will, or may hereafter become payable, or any Benefit or Advantage accrue to me, or to my Use, or to any Person or Persons in Trust for me, and the Names and Places of Abode of the several Persons from whom such Debts are due and owing, and of the Witnesses that can prove such Debts or Contracts; and that neither I, or any other Person or Persons in Trust for me, have Land, Money, Stock, or any Estate Real or Personal in Possession, Reversion, or Remainder, other than what are in the said Schedule contained; excepting Wearing Apparel, Bedding for myself and Family, Working Tools, and necessary Implements for my Occupation and Calling, and these in the whole not exceeding the Value of Ten Pounds; and that I have not, directly or indirectly, sold, lessened, or otherwise conveyed, disposed of in Trust, or concealed, all or any Part of my Land, Money, Goods, Chattels, Stocks, Debts, Securities, Contracts, or Estates Real or Personal, whereby to secure the same, to receive or expect any Profit or Advantage thereof, or to defraud or deceive any Creditor or Creditors to whom I am indebted, in any wise howsoever.

So help me God.

And be it further enacted by the Authority aforesaid,

[100l. Penalty on Gaolers not complying with this Act,]

That if any Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any Prison, shall, without just Cause, to be approved by the said Justices, refuse or delay to bring any such Prisoner or Prisoners as aforesaid (although in Execution) to the said General or Quarter Sessions, in order to his or her Discharge, or shall neglect or refuse to make out and deliver such Lists as aforesaid, or to take any of the said Oaths before mentioned, or shall, upon any Account or Pretence whatsoever, take or receive more than the said Sum of One Shilling herein before allowed for his or her Attendance, in order to be discharged of such Prisoner or Prisoners as aforesaid, or shall detain the Prisoner, after he or she shall be discharged as aforesaid;

[and printer of the London Gazette.]

or if the Printer of the London Gazette shall wilfully refuse or neglect to insert therein the Name, Trade, Occupation, and last place of Abode of such Prisoner, on a reasonable Request to him made for that Purpose, or shall take or receive any Fee or Gratuity more than One Penny as aforesaid, for so doing; every such Sheriff, gaoler, and Keeper of such Prison or Prisons, and such Printer of the London Gazette, shall respectively forfeit and pay to each Prisoner the Sum of One hundred Pounds, which shall and may be recovered with Treble Costs of Suit, by Action of Debt, Bill, Plaint, or Information, in any of the Courts of Record at Westminster, wherein no Essoign, Protection, or Wager of Law, or more than One Imparlance shall be allowed.

[Gaolers forswearing themselves forfeit 500l.]

And be it further enacted by the Authority aforesaid, That if any such Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any Prison, shall, in taking any of the aforementioned Oaths, forswear or perjure himself, and shall thereof be lawfully convicted; such Sheriff, Gaoler, or Keeper of such Prison or Prisons (over and above such Penalties as may be inflicted on Persons convicted of Perjury) shall, upon every such Conviction, forfeit and pay the Sum of Five hundred Pounds, to be recovered with full Costs, by Bill, Plaint, or Information, or Action of Debt, in any of His Majesty’s Courts of Record at Westminster, wherein no Essoin, Protection, Wage of Law, or other Delay, to be allowed, by and in the Name of such Persons, their Executors, and Administrators, as shall, in pursuance of this Act, be appointed Assignees of the Estate and Effects of the Prisoner or Prisoners, for Discharging of whom such Perjury shall be committed; and for want of such Assignees, in the Name or Names of any other Creditor or Creditors, who will sue for the said Penalties; to be applied, one Moiety towards Satisfaction of the Debts of such his Creditor or Creditors.

[Gaolers inserting wrong Names in their Lists forfeit 200l.]

And be it further enacted by the Authority aforesaid, That if any Person who now is, or was on the said First Day of January, One thousand seven hundred and forty two, Sheriff, or Gaoler, or Keeper of any Prison, shall insert in any List or Lists delivered as aforesaid, the Name or Names of any Prisoner or Prisoners, who was or were not Prisoner or Prisoners actually in Custody on the said First Day of January, One thousand seven hundred and forty two, according to the Tenor of the said Oath taken at the Time of delivering in such Lists, every such Sheriff, Gaoler, or Keeper shall, for every Name so inserted as aforesaid, forfeit and pay the Sum of Two hundred Pounds, to be recovered in the same Manner, and applied to the same Use or Uses, as herein before directed, for the Recovery of the Penalty and Forfeiture, in case of Conviction of Perjury.

[Clerk of the Peace not giving a Duplicate to Prisoner of his Discharge, forfeits 20l.]

And be it further enacted by the Authority aforesaid, That if any Clerk of the Peace shall delay or refuse to give every or any such Prisoner so discharged as aforesaid, within Sixty Days after his or her Discharge, a Duplicate of his or her Discharge, on the Payment of Two Shillings and Six Pence for such Duplicate; every Clerk of the Peace so offending, shall forfeit and pay to every such Prisoner the Sum of Twenty Pounds, to be ordered to be paid by the Justices of the Peace at their General or Quarter-sessions of the Peace, who are hereby impowered to levy the same by Distress and Sale of the Goods of the Person so offending.

[Prisoner forswearing himself, guilty of Felony.]

And be it further enacted by the Authority aforesaid, That if any Prisoner as aforesaid, or any Person or Persons enabled to take the Benefit of this Act, shall forswear or perjure himself, herself, or themselves, in any of the Matters aforesaid, and shall be lawfully convicted of wilful Perjury, he or she shall be adjudged a Felon, and suffer as such, without Benefit of Clergy.

[Prisoner discharged for Debts before 1 Jan. 1742. shall not be imprisoned for the same again.]

And be it further enacted by the Authority aforesaid, That no Person to be discharged by this Act, shall at any Time hereafter be imprisoned by reason of any Judgement or Decree obtained for Payment of Money only, or for any Debt, Damages, Contempts, Costs, Sum or Sums of Money contracted, incurred, occasioned, owing, or growing due before the said First Day of January, One thousand seven hundred and forty twp, with respect to the Prisoners then actually in Prison, or with respect to Debtors beyond Sea, who are intitled to the Benefit of this Act; but that upon every Arrest, upon every Judgement or such Decree, or for such Debts, Damages, Contempts, Costs, Sum and Sums of Money, it shall and may be lawful for any Judge of the Court where the Process issued, upon shewing the Duplicate of such Prisoner’s Discharge or Discharges, to release and discharge out of Custody such Prisoner or Prisoners as aforesaid; and the Judge is hereby impowered so to do, so as every such Prisoner or Prisoners arrested or detained upon Execution, or mesne Process, to give a Warrant of Attorney to appear to every such action, and to plead thereunto.

And be it further enacted by the Authority aforesaid, That if any Action or Escape, or any Suit or Action be brought against any Justice or Justices of the Peace, Sheriff, Gaoler, or Keeper of any Prison, for performing their Office in pursuance of this Act,

[General Issue.]

they may plead the General Issue, and give this Act in evidence; and if the Plaintiff be nonsuited, or discontinue his Action, or Verdict pass against him, or Judgement upon Demurrer,

[Treble Costs.]

the Defendant shall have Treble Costs; provided that the Discharge of any Person by virtue of this Act, shall not acquit any other Person from such Debt, Sum or Sums of Money, or any Part thereof; but that all others shall be answerable for the same in such Manner as they were before the passing this Act.

[Judgements to stand good against his Lands, &c.]

Provided always, and be it enacted by the Authority aforesaid, That notwithstanding the Discharge of the Person of such Prisoner or Prisoners as aforesaid, all and every Debt or Debts due or owing from the said Prisoner or Prisoners, and all and every Judgement or Judgements had and taken, and Decree obtained against him or her, shall stand, and be good and effectual in Law to all Intents and Purposes, against the Lands, Tenements, and Hereditaments, Goods and Chattels of the said Prisoners so discharged as aforesaid, which he, she, or they, or any other Person or Persons in Trust for him, her, or them, at the Time of such Discharge, hath or have, or at any Time hereafter shall or may be any wise seized or possessed of, interested in, or intitled to, either in Law or Equity, except his, her, or their wearing Apparel, Bedding for his, her, or their Families, and working Tools and Implements necessary for his, her, or their Occupations, not exceeding the Value of Ten Pounds in the Whole; and it shall and may be lawful to and for such Creditor or Creditors of such Prisoner or Prisoners so discharged as aforesaid, his, her, or their Executors or Administrators, to take out a new Execution against the Lands, Tenements, Hereditaments, Goods, and Chattels of such Prisoner or Prisoners (except as before excepted) for the Satisfaction of his, her, or their Debts, in such Sort, Manner, or form, as he, she, or they might have done, if the Person or Persons of such Prisoner or Prisoners had never been taken in Execution; any Act, Statute, Law, or Custom to the contrary in any wise notwithstanding.

[Persons discharged may plead generally in discharge of their Persons from Execution.]

Provided also, That it shall and may be lawful for any Person discharged by this Act, in case any Scire facias, or Action of Debt, shall be brought against him or her upon any Judgement obtained against him or her, or Statute or Recognizance acknowledged by him or her before the said First Day of January, One thousand seven hundred and forty two, with respect to Prisoners in actual Custody, or with respect to Debtors beyond the Sea as aforesaid, upon the First Day of January, One thousand seven hundred and forty two, to plead generally in Discharge of his or her Person or Persons from Execution, that he or she was actually a Prisoner in such Prison at such a Person’s Suit, or was or were beyond the Seas in foreign Parts on the said First Day of January, One thousand seven hundred and forty two, and was or were duly discharged according to this Act, at the General or Quarter Sessions held at such Time and Place for such County, Riding, Division, Liberty, City, Town, or Place (as his, her, or their Case is) without pleading any Matter specially; and in case any other Action or Suit shall be commenced against him, her, or them, for any other Debt, Sum or Sums of Money due before the said First Day of January, One thousand seven hundred and forty two, to plead in Discharge of his or her Person from Execution (over and above such Matters as aforesaid) that such Debt, or Sum of Money (as the Case shall happen) was contracted or due before the said First Day of January, One thousand seven hundred and forty two, without pleading any other Matter specially,

[Plaintiff may reply generally and deny the Matters pleaded.]

whereto the Plaintiff shall or may reply generally, and deny the Matters pleaded as aforesaid, or reply any other Matter or Thing, which may shew the said Defendant not to be intitled to the Benefit of this Act, or not duly discharged according to it, in the same Manner as the Plaintiff might have replied, in case the Defendant had pleaded this Act, and his Discharge by virtue of this Act specially; and if the Plaintiff be nonsuited, discontinue his Action, or Verdict pass against him, or Judgement on Demurrer, the Defendant to have Treble Costs.

[Not to extend to Scotland.]

Provided always, That this Act shall not extend to that Part of Great Britain called Scotland.

[Gaoler to permit Persons to set those whose Names are in the Lists, &c.]

And be it further enacted by the Authority aforesaid, That every Sheriff, Gaoler, or Keeper of any Prison, shall and is hereby required to suffer in the Day time any Person or Persons desiring the same, to see and speak in the Lodge, or some convenient Room of the said Prison, with any Prisoner or Prisoners, whose Names are inserted in the aforementioned List or Lists, or London Gazette, or either of tem, or any Persons surrendering themselves pursuant to this Act; and also to see in the true and genuine Books of the said Prison the Entries made of the Name or Names of such Prisoner or Prisoners, together with the Name or Names of the Person or Persons, at whose Suit or Suits he, she, or they are detained; and if any such Sheriff, Gaoler, or Keeper, shall neglect or refuse to comply with what is here above required, such Sheriff, Gaoler, or Keeper, shall forfeit and pay to the Person so refused and aggreived, the Sum of Forty Pounds, over and above all the Penalties provided for by any other former Law now in being; to be recovered with Costs of Suit, by Action of Debt, Bill, Plaint, or Information, in any of the Courts of Westminster; wherein no Essoin, Protection, Wager of Law, or more than one Imparlance shall be allowed.

[Prisoners not declaring the Person at whose Suit he is detained, or not coming to receive no Benefit by the Act.]

And be it further enacted by the Authority aforesaid, That if any Prisoner, being thereunto required by any Creditor, shall refuse to discover and declare the Trade or Occupation and Habitation, or last Place of Abode of the Person or Persons, at whose Suit he or she are detained, or being called for, shall refuse to come to the Lodge of the Prison where he or she is detained; every such Prisoner shall, upon Proof thereof before the Justices at the General or Quarter-sessions, be uncapable of receiving any Benefit by this Act; any thing herein contained to the contrary thereof in any wise notwithstanding.

[Gaoler making false Entries, forfeits 1,000l.]

And be it further enacted by the Authority aforesaid, That if any Sheriff, Gaoler, or Keeper of any Prison or Prisons, shall make, or cause to be made, any false Entries in any Book or Books belonging to the said Prison, or shall prepare or keep, or cause to be prepared and kept, any false Books, in order for such false Entries; such Sheriff, gaoler, or Keeper shall, over and above the Penalties which may be inflicted for such Fraud, Forgery, or Corruption, forfeit and pay the Sum of One thousand Pounds, to be recovered with Treble Costs of Suit, by and in the Name of any Person or Persons to whose Prejudice such false Entries shall in any wise tend; by Action of Debt, Bill, Plaint, or Information, in any of His Majesty’s Courts of Records at Westminster, wherein no Essoin, Protection, or Wager of Law, or more than one Imparlance, shall be allowed.

[Petitioner to leave with the Justices a Copy of his intended Discovery.]

Provided also, and be it enacted by the Authority aforesaid, That all and every Prisoner and Prisoners petitioning to be discharged by this Act, shall at the Time of such petitioning, leave with the Justice or Justices petitioned, a true Copy of the Schedule containing his intended Discovery, to be sworn unto at the General or Quarter-sessions aforesaid, which Copies shall be transmitted to the respective Clerks of the Peace, and there to be seen, without Fee or reward, by any Creditor desiring the same.

[Justices of York and Lincoln to meet at the common Gaols of the Counties for Discharge of Prisoners.]

And whereas there is but one common or County Gaol for each of the respective Counties of York and Lincoln, which Counties are each of them divided into three several Ridings or Divisions, all which have several Commissions of the Peace; and if the Gaolers of those Gaols be obliged to carry the Debtors, Prisoners therein, to the Quarter-sessions of each Riding or Division, the same will be a very great Charge, not only to such Gaolers, but also to the Prisoners in those large Counties; be it therefore enacted by the Authority aforesaid, That it shall and may be lawful for two or more Justices of the Peace for each of the said Ridings and Divisions in their respective Counties, at the common or County Gaol thereof respectively to assemble and meet, and to hold session there by Adjournment from their respective Quarter-sessions from time to time, for the Discharge of the respective Prisoners therein, according to the Powers, Limitations, and Directions of this present Act.

[Debtors in Gaol only for Fees, discharged.]

And be it further enacted by the Authority aforesaid, That all Debtors and others, who were in Prison on or before the said First Day of January, One thousand seven hundred and forty two, in the several Gaols of this Kingdom, for want of paying their Fees, Rents, Charges, or any other Demands due to the Keeper or Gaoler of any Prison respectively, or to any other Officer (and upon no other Account) shall be discharged, he, she, or they taking the Oath required by this Act to be taken by Prisoners.

[Not to discharge Debtors to the Crown, or owing above 500l. to one Person;]

Provided always, That this Act shall not extend to discharge any Person out of Prison, seeking his or her Discharge under this Act, with respect to any Debt with which he or she shall stand charged at the suit of the Crown, or shall be indebted to any One Person in any Sum exceeding the Sum of Five hundred Pounds, besides Interest and Costs; and if any such Creditor, to whom a Sum exceeding Five hundred Pounds shall be owing, shall oppose the Discharge of such Prisoner, and shall insist that such Prisoner be continued in Gaol;

[but creditor to allow 3s. 6d. per Week for his Maintenance.]

that then, and in such Case, such Creditor or Creditors opposing the said Prisoner’s Discharge as aforesaid, shall, at his, her, and their proper Costs and Charges, allow and pay such a weekly Maintenance to the said Prisoner, not exceeding Three Shillings and Six Pence per Week, in such Manner as the said Justices in their General or Quarter-sessions shall order and appoint; and upon Nonpayment of the same for the Space of Six Weeks, the said Prisoner, upon Application to the said Justices in their General or Quarter-sessions, shall be discharged, pursuant to the Intent and Meaning of this Act.

[Discharges to be obtained before Dec. 5. 1745, or excluded.]

Provided also, That every Person and Persons intitled, or to be intitled to the Benefit of this Act, shall obtain their respective Discharges on or before the Twenty fifth Day of December, in the Year of our Lord, One thousand seven hundred and forty five, or to be for ever excluded from all Benefits thereof.

And whereas several Persons, who were confined in Prison on the said First Day of January, One thousand seven hundred and forty two, may have been removed to some other Prison by Process of Law;

[Prisoners re-moved from one Prison to another, both Gaolers to make Affidavit.]

be it enacted, That the Gaoler of the Prison wherein any such Prisoner was confined on the said First Day of January, One thousand seven hundred and forty two, shall make Affidavit of such Confinement, and shall transmit such Affidavit to be attested on Oath at the sessions, where such Prisoner may claim to be discharged; and it shall and may be lawful for the Justices of the Peace at such sessions as aforesaid, upon such Oath as aforesaid, and upon such Prisoner’s performing all other Matters required in this Act, to discharge such Prisoner.

And whereas the Prisons of the Fleet and King’s Bench being the Prisons of and belonging to the superior Courts, and for the most Part containing such Prisoners as have bought themselves thither by Habeas Corpus from other Prisons, or have surrendered themselves into Custody in Discharge of their Bail, which could not be done without their own Consent or Procurement;

[Prisoners in the Fleet or King’s Bench, to have the Benefit of this Act.]

be it therefore enacted by the Authority aforesaid, That every Person so coming to either of those Prisons, either by Habeas Corpus, or voluntary surrender in Discharge of Bail, and being qualified to take the Benefit of this Act in all Respects, according to the true Intent and Meaning thereof, shall be discharged or intitled to any other Benefits arising thereby, on taking the Oath that is herein prescribed for each Prisoner to take, omitting only the Words, [Without my Consent or Procurement] and with respect to their being a Prisoner or Prisoners in either of the said Prisons above mentioned only; any thing herein contained to the contrary notwithstanding,

[Persons seized of an Estate Tail, claiming the Benefit of the Act, to deliver the same to their Creditors.]

And whereas it may happen, that several Persons, who may claim and be intitled to the Benefit of this Act, are seized of an Estate Tail in some Freehold or Copyhold Lands, Tenements, or Hereditaments; which Intail, with the Remainders thereupon expectant, they have by Law Power to defeat and bar, either by levying a Fine or Fines, suffering a Common Recovery or Common Recoveries, or by Surrender or Surrenders thereof; and thereby such Person or Persons said Freehold or Copyhold Lands, Tenements, or Hereditaments, shall be liable to the Payment of their Debts, and be delivered up according to the Terms of this Act for the Benefit of their Creditors; be it therefore enacted by the Authority aforesaid, That in every such Case, such Person or Persons so seized as aforesaid, and who shall be intitled unto, and claim the Benefit of this Act, shall, to all Intents and Purposes whatsoever in Law, be deemed and taken, and is and are hereby declared to be seized of such Lands, Tenements, and Hereditaments, in Fee-simple, and the same shall be delivered up to the Creditor or Creditors, in the same Manner as if such Person or Persons had actually levied a Fine or Fines, suffered a Common Recovery or Recoveries, or made a surrender or surrenders thereof, and thereby had become seized in Fee-simple; any Law, or Construction of Law, to the contrary thereof in any wise notwithstanding,

And whereas many Prisoners who may be intitled to, and may claim the Benefit of this Act, have been great Dealers, or otherwise engaged in large Transactions, whereby they may be intitled to sundry and great Debts and Demands of various and intricate Natures, or they may be intitled to Equities of Redemption of Estates subject and liable to Mortgages, Judgements, or other Incumbrances, or to Reversions, Remainders, or other contingent Estates in Lands, Tenements, or Hereditaments, or to other Trusts or Interests in Estates, both Real and Personal, which may not be sufficiently described or discovered in the schedule or Inventory before directed to be delivered in upon Oath, by the Prisoner to be discharged as aforesaid, or which may want his Aid or Assistance to adjust, make out, recover, or manage for the Benefit of the Creditors;

[Assignees to apply to two Justices to examine Persons who shall obtain their Discharge, for Discovery of Estates, &c.]

be it therefore provided and enacted by the Authority aforesaid, That it shall and may be lawful to and for the respective Assignees of the Estate and Effects of such Prisoner or Prisoners who shall obtain his, her, or their Discharge, in pursuance of this Act, or any other Person or Persons duly authorized by them for that Purpose, from time to time, to apply to any Two or more of the Justices of the Peace for the County, Riding, Division, City, Town, or Liberty where such Prisoner or Prisoners shall be then residing, thereby desiring that such Prisoner or Prisoners may be further examined, as to any Matters or Things relating to his, her, or their Estate or Effects, whereupon such Justices shall send for, or call before them, such Prisoner or Prisoners, by such Warrant, Summons, Ways, or Means, as they shall think fit;

[Refusing to appear, or to be sworn, Justices may commit them.]

and upon such Prisoner’s appearing, shall examine him, her, or them, as well upon Oath as otherwise, as to such Matters and Things as such Assignee shall desire, relating to the Estate or Effects of such Prisoner or Prisoners; and if any such Prisoner or Prisoners (on Payment, or Tender of Payment, of such reasonable Charges as such Justices shall judge sufficient) shall neglect or refuse to come and appear, not having a lawful Excuse, to be made known to such Justices, and by them allowed; or being come before them, shall refuse to be sworn, or to answer to all such Questions as by such Justices shall be put to him or them, relating to the Discovery of his, her, or their Estate or Effects so vested, or intended to be vested in such Clerk of the Peace, or in such Assignees as aforesaid; that then it shall and may be lawful to and for such Justices, by Warrant under their Hands and seals, to apprehend such Prisoner or Prisoners so offending as aforesaid, and by him or them to commit to the County Gaol, there to remain without Bail or Mainprize until such Time as he or they shall submit him, her, or themselves to such Justices, and answer upon Oath to all such Questions as shall by such Justices by put to him, her, or them, for the Purposes aforesaid.

[Discoverers of Debtors Estates in 12 Months after Discharge, to have 20l. per Cent.]

And be it further enacted by the Authority aforesaid, That all and every such Person or Persons, who shall within Twelve Months after the Discharge of any such Prisoner or Prisoners, voluntarily cone in and make a Discovery of any Part of such Debtor or Debtors Real or Personal Estate, as shall not be comprized in such schedule as aforesaid, before any such Justice or Justices aforesaid, shall be allowed after the Rate of Twenty Pounds per Centum, out of the neat Produce of such Debtor or Debtors Estate, which will be recovered on such Discovery, and which shall be paid such Person or Persons so discovering the same, by the Creditor or Creditors who shall receive and be intitled to any Benefit and Advantage by such Discovery.

[Discharge obtained fraudulently, void.]

Provided always, and be it enacted, That notwithstanding the Discharge of any Prisoner or Prisoners by virtue of this Act, if it shall hereafter appear the same was obtained fraudulently, the same shall be void, and of none Effect.

And whereas several Persons, who are Prisoners for Debt, chuse rather to continue in Prison, and spend their substance there, than discover and deliver up to their Creditors their Estate and Effects, in order to the Satisfaction of their just Debts;

[Creditors may compel Debtors who chuse to continue in Prison, to give an Account upon Oath of their Effects, &c.]

be it further enacted by the Authority aforesaid; That it shall and may be lawful to or for any One or more of the Creditors of any Prisoner committed since the First Day of January, in the Year of our Lord One thousand seven hundred and thirty, at whose suit he or she was detained in Prison, upon the said First Day of January, One thousand seven hundred and forty two, upon Thirty Days Notice in Writing to be given to such Prisoner, and the Person in whose Custody he or she is, to require the sheriff or sheriffs, Gaoler or Gaolers, or Keeper of the Prison wherein such Prisoner is detained, to bring such Prisoner before the Justices, at their next General or Quarter-sessions of the Peace for their respective County, Riding, Division, City, Town, or Liberty, together with a Copy or Copies of the Cause or Causes of his or her Detainer; and such Prisoner coming before such Justices, at the said General or Quarter-sessions, shall, at the Desire of any One or more of his or her Creditors, at whose suit be or she appears to be detained, be obliged to deliver in upon Oath, and subscribe the like schedule of his or her Estate or Effects, to be vested, assigned, and equally divided for the Benet of his or her Creditors, in like Manner as Persons desiring to take the Benefit of this Act are required to do; subject to the same Penalty of being adjudged a Felon, and suffering as such, without Benefit of Clergy, on Conviction of wilful Perjury therein, as the said other Prisoners are hereby subjected to; and shall, upon such Discovery, to the satisfaction of the said Justices, in their said General or Quarter-sessions, or the major Part of them, be discharged, and set at Liberty, in the same Manner, and with the same Benefit of making use of their Discharge, as is hereby provided for Prisoners seeking their Discharge under this act; and if any such Prisoners so brought up as aforesaid, shall neglect or refuse to Deliver in and subscribe such schedule, within sixty Days; he, she, or they so neglecting or refusing, shall, upon Conviction thereof, be adjudged guilty of Felony, and shall suffer Death as a Felon, without Benefit of Clergy.

[on 30 Days Notice in the Gazette.]

Provided always, That the Creditors, who intend to compel such Prisoners to deliver in any such schedule of their Estate and Effects, do give publick Notice thereof in the London Gazette, Thirty Days at least before the said General or Quarter-sessions, to the end the other Creditors of such Prisoners may be apprised thereof, and come in for their distributive share, which they are hereby impowered to do, in like Manner as is provided for the Creditors of Persons seeking their Discharge under this Act.

And be it further enacted by the Authority aforesaid, That the Oath to be taken by the Prisoner delivering in any schedule at the Desire of any One or more of his or her Creditors, according to the Provision hereby made for that Purpose, shall be in the Words following; that is to say,

[Prisoner’s Oath.]

I A.B. upon my corporal Oath, in the Presence of Almighty God, solemnly swear, protest, and declare, That the schedule now delivered, and by me subscribed, doth contain, to the best of my Knowledge, Remembrance, and Belief, a full, just, true, and perfect Account and Discovery of all the Estate, Goods, and Effects unto me in any wise belonging; and such Debts as are to me owing, or to any Person or Persons in Trust for me; and of all the Securities and Contracts whereby any Money now is, or will, or may hereafter become payable, or any Benefit or Advantage accrue to me, or to my Use, or to any Person or Persons in Trust for me; and the Names and Places of Abode of the several Persons from whom such Debts are due and owing, and of the Witnesses that can prove such Debts or Contracts; and that neither I, nor any other Person or Persons in Trust for me, have Lands, Money, Stock, or any Estate, Real or Personal, in Possession, Reversion, or Remainder, other than what are in the said Schedule contained, except wearing Apparel, Bedding for myself and Family, working Tools, and necessary Implements for my Occupation and Calling, and these in the whole not exceeding the Value of Ten Pounds; and that I have not directly or indirectly sold, lessened, or otherwise conveyed, disposed of in Trust, or concealed all or any Part of my Lands, Money, Goods, Chattels, Stocks, Debts, Securities, Contracts, or Estates, Real or Personal, whereby to secure the same, to receive or expect any Profit or Advantage thereof, to defraud or deceive any Creditor or Creditors, to whom I am indebted, in any wise howsoever.

So help me God.

[Such Prisoners to be examined as the rest.]

And such Prisoner shall be obliged to undergo the like Examination, on the Application of the Assignee or Assignees of his or her Estate or Effects, as Prisoners seeking their Discharge, are by this present ACt required to undergo, and subject to the like Commitment for refusing to appear or answer upon Oath, as is before provided for the said other Prisoners.

And to the Intent and Purpose, That the Estate and Effects of such Prisoner or Prisoners, as shall be discharged by virtue of this Act, may be truly and faithfully applied for the Benefit of his, her, or their real Creditors;

[Courts at Westminster, on Complaint, may remove Assignees.]

That it shall and may be lawful to and for the respective Courts at Westminster, from whence any Process issued, upon which such Prisoner or Prisoners was or were committed, whose Effects are so assigned, or where the Process issued out of any other Court, to and for the Judges of the Courts of King’s Bench, Common Please, and Exchequer, or any Two of them, from time to time, upon the Petition of any Creditor or Creditors of such Prisoner or Prisoners, complaining of any Insufficiency, Fraud, Mismanagement, or other Misbehaviour, of all or any the Assignees, to whom the Estate or Effects of such Prisoner or Prisoners shall be assigned by such Clerk of the Peace as aforesaid, upon hearing the Parties concerned therein, to make and give such Divers and Directions therein, either for the Removal or displacing such Assignee or Assignees, and the appointing any new Assignee or Assignees in the Place or Stead of such Assignee or Assignees so to be removed or displaced, or for the prudent, just or equitable Management or Distribution of the said Estate and Effects for the Benefit of the respective Creditors, as the said Courts of Judges respectively shall think fit; and in case of the Removal or displacing of any Assignee or Assignees, and the appointing of any such new Assignee or Assignees, the Estate or Effects of such Prisoner or Prisoners shall from thenceforth be divested out of the Assignee or Assignees so removed or displaced, and be vested in, and delivered over to such new Assignee or Assignees, in the same Manner, and for the same Ends, Intents, and Purposes, as the same were before vested in the Assignee or Assignees as aforesaid; any thing in this Act contained to the contrary notwithstanding.

[On mutual Credit, Assignees to allow the Balance.]

Provided always, and be it enacted by the Authority aforesaid, That in all and every Case or Cases, where mutual Credit hath been given between any Prisoner or Prisoners, to be discharged in pursuance of this Act, and any other Person or Persons, or Body Politick or Corporate, before the Delivery of such Schedule or Inventory of the Estate and Effects of such Prisoner or Prisoners upon Oath, as aforesaid; then, and in every such Case, the respective Assignees of such Prisoner or Prisoners, shall, and have hereby Power on their Part to state and allow an Account between them; and nothing more shall be deemed to be vested in such Clerk of the Peace, or such Assignees, as the Estate or Effects of such Prisoner or Prisoners, than what shall appear to be due to him, her, or them respectively, for the Balance of such Account when truly stated.

[Bankrupts not obtaining a Certificate of Discharge, &c. not benefited hereby.]

Provided always, and be it enacted by the Authority aforesaid, That no Person against whom a Commission of Bankrupt hath been awarded and issued out, and who hath not already obtained his Certificate and Discharge of his Debts, in pursuance of, and in such Manner as is directed by some or one of the Acts of Parliament now in Force, relating to or concerning Bankrupts, or shall not obtain such Certificate and Discharge before such Time as he shall be brought before the Justices of the Peace at their General or Quarter Sessions, in order to be discharged in pursuance of this Act, shall have or receive any Benefit or Advantage of or under this Act, not be deemed to be within the Meaning thereof.

[Who shall not take the Benefit of this Act.]

Provided always, and be it enacted by the Authority aforesaid, That no Person who took the Benefit of an Act passed in the Tenth Year of His present Majesty’s Reign, intituled, An Act for the Relief of Insolvent Debtors, shall have or receive any Benefit or Advantage of or under this Act, not be deemed to be within the Meaning thereof; any thing herein contained to the contrary notwithstanding.

[Particular Proviso relating to three Quakers imprisoned for Tythes.]

Provided always, and be it enacted by the Authority aforesaid, That nothing in this Act contained shall extend or be construed to extend to Richard Ward, Benjamin Burn, and William Boocock, three of the People called Quakers, now Prisoners in the common Gaol of the County of York, at the Suit of Robert Robinson, for Tythes, or any of them, so as to oblige the said Richard Ward, Benjamin Burn, and William Boocock, to deliver in and subscribe a Schedule of their respective Estates and Effects; but it shall and may be lawful for the Justices of the Peace for the West Riding of the said County, upon Application made by the said Robert Robinson, or by any Person or Persons for or on Behalf of the said Richard Ward, Benjamin Burn, or William Boocock respectively, to cause the said Prisoners respectively to be brought before them, at their next General Quarter-sessions of the Peace, together with a Copy or Copies of their Detainer, and to examine into the Value of the Estate and Effects of the said Prisoners, by the Oath of one or more Witness or Witnesses, and to issue a Warrant under their Hands and Seals, or the Hands and Seals of any Two or more of them, thereby directing and requiring the respective Sums due from them the said Prisoners respectively to the said Robert Robinson, and for which they are respectively charged and detained in the said Prison, to be levied upon their respective Goods and Chattels; and if the Goods and Chattels of the said Prisoners respectively shall not be found sufficient, then the Real Estates of the said Prisoners respectively (if any such there be) shall, by the said Justices, be assigned over to the said Robert Robinson till such time as the said Debts shall be respectively paid; and the said Prisoners shall, upon their Appearance respectively before the said Justices, and the said Debts due to the said Robert Robinson being respectively paid, be respectively discharged from their Imprisonment as to the said Debt or Debts.

[Prisoners upon Processes out of Courts of Conscience to have the Benefit of the Act.]

And whereas great Numbers of poor People have been, and now are imprisoned for Debt, upon Processes issuing out of Courts of Conscience, and have hitherto been deprived of the Benefits of the several Acts passed for Relief of Insolvent Debtors; it is hereby enacted and declared, That all such Prisoners shall be intitled to have the Benefit of this Act, and be discharged hereby, provided he, she, or they conform to the Directions herein before prescribed.

[Quakers Affirmation to be taken, &c.]

And be it further enacted by the Authority aforesaid, That in all Cases, wherein by this Act 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 Penalties as are inflicted and imposed by this Act, upon Persons convicted of wilful Perjury.

Source: Baskett & Baskett, Anno Regni Georgii II Decimo Sexto.