1793: 33 George 3 c.5: Renewing the Lords Act of 1758

1793: 33 George 3 c.5: An act for the further relief of debtors, with respect to the imprisonment of their persons; and to oblige debtors, who shall continue in execution in prison beyond a certain time, and for sums not exceeding what are mentioned in the act, to make discovery of, and deliver, upon oath, their estates for their creditors benefit.

WHEREAS it may be reasonable to extend the benefits of an act, passed in the thirty-second year of the reign of his late majesty King George the Second, of glorious memory, intituled, An act for relief of debtors, with respect to the imprisonment of their persons; and to oblige debtors, who shall continue in execution in prison beyond a certain time, and for sums not exceeding what are mentioned in the act, to make discovery of, and deliver, upon oath, their estates for their creditors benefit, to several persons who have neglected or shall neglect to take the benefit of the same, within the time limited in the said act, and also to several persons. who were not entitled to any benefit under the said act: be it therefore enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, apd by the authority of the same, That, from and after the passing of this act, every person now or hereafter in execution for any sum or sums of money not exceeding three hundred pounds shall be entitled to such relief as by an act, passed in the thirty-second year of his late majesty King George the Second, intituled, An act for relief of debtors, with respect to the imprisonment of their persons; and to oblige debtors, who shall continue in execution in prison beyond a certain time, and for sums not exceeding what are mentioned in the act, to make discovery of and deliver, upon oath, their estates for their creditors benefit, is granted to persons charged in execution for any sum or sums of money not exceeding one hundred pounds.

II. And be it further enacted by the authority aforesaid, That every person now in execution for any sum or sums of money exceeding the sum of one hundred pounds, and not exceeding the sum of three hundred pounds, shall be entitled to such relief, notwithstanding the time limited by the said act for such person to apply is or may be expired, provided such person shall make such application before the end of Easter term next.

III. And be it further enacted by the authority aforesaid, That every creditor or creditors, his, her, or their executors or administrators, at whose suit any debtor shall be charged in execution for any sum or sums not exceeding the sum of three hundred pounds, shall have such remedy, by compelling such debtor to to deliver up his or her estate and effects for the benefit of his or her creditors, as is provided by the before recited act, in cases whiere the sum for which such debtor shall be in execution does not exceed the sum of one hundred pounds.

IV. And whereas many persons are often committed on attachments, for not paying money awarded to be paid under submissions to arbitration by rules of court, or under submissions to arbitration bonds, and which submissions have been made rules of the court, in pursuance of an act, passed in the ninth and tenth years of the reign of William the Third, for determining differences by arbitration, and likewise for not paying of costs, duly and regularly taxed and allowed by the proper officer, after proper demands made for that purpose, and also upon any writ Excommunicato Capiendo, or other process for or grounded on the nonpayment of costs or expences in any cause or proceeding in any ecclesiastical court; it is hereby declared and enacted, That all such persons are and shall be entitled to the benefit of this act, and subject to the same terms and conditions as are herein expressed and declared with respect to prisoners for debt only.

V. And be it further enacted, That where any debtor as aforesaid shall have neglected or shall neglect to take the benefit of the said act, or of this act, within the time limited by the said act, or this act, and shall make it appear to the court out of which such execution issued, that such neglect arose from ignorance or mistake, such debtor shall then be entitled to take the benefit of the said act, or of this act, as if he or she had taken the same within the time by the said act, or this act, so limited as aforesaid: provided always, That it shall be lawful for any creditor or creditors, at whose suit any debtor shall be so in execution as aforesaid, to file interrogatories for the examination of such prisoner, before his or her being admitted to take the benefit of this or the before-recited act: provided always, That this act shall not extend to any debt or debts that may be owing to the crown, nor shall it affect any proceeding which at any time may be lawfully had under or by virtue of any commission of bankrupt: provided also, That this act, or any thing herein contained, shall not extend to that part of Great Britain called Scotland: provided also, That this act shall continue and be in force for five years, and from thence to the end of the then next session of parliament, and no longer.

Source: Pickering, Statutes At Large, volume 39.