1747: 21 George 2 c.31: Relief of Insolvent Debtors.

1747: 21 George 2 c.31: An Act for Relief of Insolvent Debtors.

[Preamble.]

Whereas many Persons, by Losses and other Misfortunes, are rendered incapable 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 Effects and Estates 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 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

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

and by the Authority of the same, 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 seven, 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 fifth Day of May, One thousand seven hundred and forty eight, for such County, Riding, Division, City, Town, or Liberty respectively, and shall, in open Court, take an Oath to the Effect following; that is to say,

I A.B. 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 seven, really and truly Prisoners in the Prison or Gaol of ______ at the Suit or Suits of the several Persons therein respectively mentioned; and that all and every one of them have really and truly continued and remained in actual Custody every since; and that the said List is a true, exact, perfect, and just List of all such Persons as were really and truly Prisoners in actual Custody in the said Gaol or Prison of ______ on the First Day of January, One thousand seven hundred and forty seven.

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; 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, That all and every such Sheriff and Sheriffs, Gaoler or Gaolers, or Keeper of any Prison, is and are hereby required to fix up, in 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; 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 actually in Custody in their Prison, on the said First Day of January, One thousand seven hundred and forty seven, 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 inserted in the Lists, and Prisoners on 1 Jan. 1747. 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 seven, were really and truly Prisoners, in the actual Custody of any Sheriff or Sheriffs, Gaoler o 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 and 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 or Prisons as aforesaid, at the Time aforesaid; which Warrant of the said Justice or Justices every such Gaoler or Keeper is hereby commanded to obey;

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

and such 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, Real and Personal, either in Possession, Reversion, or Remainder, or held in Trust for him or her, or for his or her Benefit or Advantage, 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,

[Prisoner’s Oath.]

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 seven, I was a Prisoner within the Prison of ______ in the actual 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 Goods, Effects, and Estates, Real and Personal, either in Possession, Reversion, or Remainder, or in Trust for me, or for my Benefit or Advantage, unto me in any wise belonging or appertaining; 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 myslef 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, nor any Body for me, directly or indirectly, sold, lessened, or otherwise conveyed, disposed of in Trust, or concealed, all or any Part of my Land, Money, Goods, Chattles, Stock, 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.

[Schedule to remain with the Clerk of the Peace,]

And which said Schedule, being so subscribed, in the Presence of the Justices, in open Court and Sessions 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 unto such Real Estate, as well Copy or Customary, held as Freehold, 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 hereby directed and authorized, by Order of the Justices, at their General or Quarter Sessions of the Peace,

[who is to assign the Effects to the Assignees,]

to make an Assignment of the 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 and 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 rest 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 also to execute any Trust or Power vested in, or created for the Use or Benefit of such Prisoner, for the Use and Benefit of themselves, and the rest of such Creditors;

[to be divided among the Creditors.]

and to give sufficient Discharge and Discharges to such respective Debtor or Debtors; 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 of 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 Assignees the Copyhold.]

and that, upon every such Agreement or Composition, 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 Copyhold or Customary Estate, by Copy of Court-roll, according to the Custom of the said Manor or Manors, for and during the Estate and 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 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 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 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 to 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 Chattles, 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 intrusted 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 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 Chattles 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, comprized 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 any 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, preferable 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 contained to the contrary thereof in any wise notwithstanding.

[Power of leasing Lands, &c. claimed by any Prisoner, vested in Assignees.]

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 Thee Lives, in Possession or 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, if any such, upon Proper Inquiry, can be found; 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, if any such, upon proper Inquiry, can be found;

[Prisoners to give 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 Ten Miles of the Prison where such Prisoner shall be in Custody, if any such, upon proper Inquiry, can be found; 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 the said Warrant;

[and publick Notice in the London 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 the 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 charged such Prisoner or Prisoners, 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 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 seven, 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;

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

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 of General or Quarter sessions, which pursuant to the true Intent and Weaning 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 Prisoner’s 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 following Effet; 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 First Day of January, in the Year of our Lord One thousand seven hundred and forty seven; 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 by any other to the best of my Knowledge.

so help me God.

[Gaolers, who were not so on 1 Jan. 1747. 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 seven, 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, Gaolers, or Keepers 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 First Day of January, in the Year One thousand seven hundred and forty seven, really and truly a Prisoner in the actual 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 Gaol, 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;

[Debtors beyond sea on 1 Jan. 1747, may surrender themselves, and be intitled to the Benefit of this Act.]

be it enacted by the Authority aforesaid, That all and every Debtor and Debtors, who was or were actually beyond the seas, in foreign Parts, on the said First Day of January, One thousand seven hundred and forty seven, 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 seven, 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 said First Day of January, One thousand seven hundred and forty seven; and also subject to the Terms and Provisions relating to the Estate and Effects of such Prisoner 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 seven, instead whereof the said Person or Persons so surrendering shall take an Oath, to the Effect following, which the said Justices authozized to put this Act in Execution are hereby required and impowered to administer, in such Manner as the Oaths herein before-mentioned are to be administered,

[Their 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 First Day of January, One thousand seven hundred and forty seven, 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, to 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 other 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, 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 Land, Money, Goods, Chattles, 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.

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

And be it further enacted by the Authority aforesaid, That if any Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any Prison, shall, without just Cause, to be approved of 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 Essoin, Protection, or Wager of Law, or more than One Imparlance, shall be allowed.

[Gaolers forswearng themselves, to 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 Prion, shall, in taking any of the afore-mentioned 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, Wager of Law, or other Delay, to be allowed, by and in the Name of such Person, 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 shall sue for the said Penalties, to be applied, One Moiety to the Informer or Informers, and the other Moiety towards satisfaction of the Debts of such his Creditor or Creditors.

[Gaolers inserting wrong Names in their Lists, to 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 seven, sheriff or Gaoler, or Keeper of any Prison, shall insert, in any List or Lists delivered as aforesaid, the Name or Names of any Person or Persons who was or were not Prisoner or Prisoners, actually in Custody, on the said First Day of January, One thousand seven hundred and forty seven, 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 the Prisoner of his Discharge, to forfeit 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, or shall take more than the said sum 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 1747. 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 seven, with respect to the Prisoners then actually in Prison, who intitled to the Benefit of this Act; but that upon every Arrest upon every Judgement, or such Decree, or for such Debts, as 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, do 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 of 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;

[Treble Costs.]

and if the Plaintiff be Nonsuited, or discontinue his Action, or Verdict pass against him, or Judgement upon Demurrer, the Defendant shall have Treble Costs;

[Discharge of Prisoners not to acquit any other.]

provided that the Discharge of any Person, by virtue of this Action, 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 of 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 any Purposes, against the Lands, Tenements, and Hereditaments, Goods and Chattles 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, and Hereditaments, Goods and Chattles 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 in Execution; any Act, statute, Law, or Custom to the contrary in any wise notwithstanding.

[Persons discharged may plead generally on 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 seven, with respect to Prisoners in actual Custody, or with respect to Debtors beyond the sea, as aforesaid, upon the said First Day of January, One thousand seven hundred and forty seven, to plead generally in Discharge of his or her Person or Persons from Execution, that he or the 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 seven, 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 suit or Action 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 seven, 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 seven, without pleading any other Matter specially; where to the Plaintiffs 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.

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

Provided always, any be it enacted by the Authority aforesaid, That no Person against whom a Commission of Bankrupt hath been awarded and issued out, any who hath not already obtained his Certificate and Discharge of his Debts, in pursuance of, and in such Manner, as 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, nor be deemed to be within the Meaning thereof.

[Attorneys at Law not to be discharged from Debts received, and due by them to their Clients.]

Provided also, That nothing in this Act contained shall extend, or be construed to extend, to release or discharge any Attorney at Law, or solicitor, or any other Person or Persons acting, or pretending to act as such, with regard to any Debt with which he or they shall stand charged, for any Money or other Effects, recovered and received by him or them, for the Use of any Person or Persons, Bodies Corporate or Politick; and by such Attorney, solicitor, or other Person or Persons acting as such, embezzled, concealed, or-converted to his or their own Use; any thing herein contained to the contrary thereof in any wise notwithstanding.

[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 see 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 afore-mentioned List or Lists, or London Gazette, or either of them, or any Persons surrendering themselves pursuant to this Act; and also 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;

[under Penalty of 40l.]

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 aggrieved the sum of Forty Pounds, over and above all the Penalties provided 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, all 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 the is detained; every such Prisoner shall, upon Proof thereof before the Justices at the General or Quarter sessions, be incapable of receiving any Benefit by this Act; any thing herein contained to the contrary thereof in any wise notwithstanding.

[Gaoler making false Entries, forfeit 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 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 Record 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 the respective Counties of York and Lincoln, which said Counties are each of them divided into Three several Ridings or Divisions; all which have several Commissions of the Peace; and if the Gaoler 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 any 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 Act.

[Debtors in Gaols 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 seven, 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 by this Act required 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 Body Politick or Corporate, or to any One Person in any sum exceeding the sum of Five hundred pounds, besides Interest and Costs, unless such Body Politick or Corporate, or Creditor, shall consent thereto; and if any such Body Politick or Corporate, or 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;

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

that then and in such Case such Body Politick or Corporate, or Creditor or Creditors, opposing the said Prisoner’s Discharge as aforesaid, shall, at his, her, or 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 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 25 Dec. 1750, 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, which shall be in the Year of our Lord One thousand seven hundred and fifty, or to be so ever excluded from all Benefit thereof.

[Prisoners removed from one Prison to another, both Gaolers to make Affidavit.]

And whereas several Persons, who were confined in Prison on the said First Day of January, One thousand seven hundred and forty seven, may have been removed to some other Prison, by Process of Law; 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 seven, 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 Prisoners performing all other Matters required in this Act, to discharge such Prisoner.

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

And whereas the Prisoners 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 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; be it therefore enacted by the Authority aforesaid, That every Person so coming to either of those Prisons, whether 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 tor each Prisoner to take, omitting only the Words [without my Content 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.

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 Entail, 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;

[Persons seized of an Estate Tail claiming the Benefit of this Act, to deliver the same to 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 to, 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, suffered a Common Recovery or Recoveries, or made a surrender or surrenders thereof, and thereby bad 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 any 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; and 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 any 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; and, upon such Prisoners 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:

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

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, her, 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 him, her, or them. to commit to the County Gaol, there to remain without Bail or Mainprize, until such Time as be, she, or they shall submit him, her, or themselves to such Justices, and answer, upon Oath, to all such Questions as shall, by such Justices, be put to him, her, or them, for the Purposes aforesaid.

[Discoveries of Debtors Esattes 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 and Persons, who shall, within Twelve Wonths after the Discharge of such Prisoner or Prisoners, voluntarily come 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 nett 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, or 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 choose rather to continue in Prison, and spend their substance there, than discover and deliver up to their Creditors their Estate or Effects, in order to the satisfaction of their just Debts;

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

be it 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 forty, at whose Suit he or she was detained in Prison upon the said First Day of January, One thousand seven hundred and forty seven, 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 the 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 their said General or Quarter sessions, shall, at the Desire of any One or more of his or her Creditors, at whose suit he 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 Benefit 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 to 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 London 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 apprized 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,

[Their Oath.]

I A.B. upon my Corporal Oath, in the Presence of Almighty God, do 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 Goods, Effects, and Estate, Real and Personal, either in Possession, Reversion, Remainder, or in Trust for me, or for my Benefit or Advantage, unto me in any wise belonging or appertaining; 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 neither I, nor any 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 nor any Body for me, directly or indirectly, sold, lessened, or otherwise conveyed, disposed of in Trust, or concealed, all or any Part of my Lands, Money, Goods, Chattles, Stock, 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 before is provided for the said other Prisoners.

[Assignees impowered to make Composition with Debtors to the Prisoner.]

And be it further enacted by the Authority aforesaid, That any Assignee or Assignees, to whom by virtue of this or any former Act of Parliament, made for the Relief of Insolvent Debtors, the Estate or Effects of any Prisoner or Prisoners hath been, or shall be assigned, is and are hereby impowered, by and with the Consent of the major Part in Value of such Prisoner or Prisoners Creditors, who hall present at a Meeting to be had for that Purpose, of which Twenty one Days publick Notice shall be previously given in two London Gazettes, to make Composition with any Person or Persons, Debtors or Accountants to such Prisoner or Prisoners, where the same shall appear necessary or reasonable, and to take such reasonable Part as can, upon such Composition with any Person or Persons, Debtors or Accountants to such Prisoner or Prisoners, where the same shall appear necessary or reasonable, and to take such reasonable Part as can, upon such Composition, be gotten in full Discharge of such Debts and Accounts; and also to submit any Difference or Dispute between such Assignee or Assignees, and any Persons or Persons whatsoever, for, on Account, or by Reason or Means of any Matter, Cause, or Thing relating to such Prisoner or Prisoners Estate or Effects, or to any Debt or Debts due, or claimed to be due, to or from such Prisoner or Prisoners, to the final End and Determination of Arbitrators to be chosen by the said Assignee or Assignees,

[Disputes to be settled by Arbitrators.]

and the major Part in Value of such Creditors, and the Party or Parties with whom they shall have such Difference, and to perform the Award of such Arbitrators, or otherwise to settle and agree the Matters in Difference and Dispute between them, in such Manner as the said Assignee or Assignees, with such Consent as aforesaid, shall think fit, and can agree; and the same shall be binding to all the Creditors of such Prisoner or Prisoners; and the said Assignees are hereby indemnified for what they shall fairly do according to the Direction aforesaid.

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; be it enacted by the Authority aforesaid,

[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 Court of King’s Bench, Common Please, and Exchequer, or any One 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 of 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 bearing the Parties concerned therein, to make and give such Orders 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 or Judges respectively 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 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.

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

And whereas great numbers of poor People have been, and are now imprisoned for Debt, upon Processes issuing out of Courts of Conscience; 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 and corrupt Perjury.

[Persons who had the Benefit of the Act of 16 Geo II. excluded.]

Provided always, and be it enacted by the Authority aforesaid, That no Person who took the Benefit of an Act passed in the Sixteenth 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.

Source: Transcribers own copy.