Page:Ruffhead - The Statutes at Large - vol 5.djvu/729

 A. ;D. 1729. Anno fccundo Georgii IT. C. 22. 69* ' ■ JL this honourable Court, in my Petition to this Court, doth con i ue and full Account of all ' and perfonal Eftate, Debts, Credits and Effects whatfoeyer, which [, oranyfin Trufl for i, orat * 'Geo. 2.0.55.* ' the Time of my faid Petition had, or am or was in any refpedt intitled to,' in Pofleflion, Remainder or ' Reverfion (except the wearing Apparel and Bedding for me or my Family, and the Tools or Infirun ' of my Trade or Calling, not exceeding ten Pounds in Value in the wl: I tha ! rime ' made over in Truft for my fclf, or otherwife, other than as mentioned in fuch Account, any Part of my ' Lands, Eftate, Goods, Stock, Money, Debts or other real or perfonal Eftate, whereby to have or expefl: ' any Benefit or Profit to my felf, or to defraud any of my Creditors to whom I am indebted.' So help mc God. IX. And in cafe the Prifoner fhall in open Court take the faid Oath, and upon fuch Examination, and his or her taking the faid Oath, the Creditors fhall" be fatisfied with the Truth thereof, the Court may im- £ ) "'° D " '• E ^ at< mediately order the Lands, Goods and Effects, contained in fuch Account, or fo much of them, as may J| be fufficient to fatisfy the Debts wherewith he or fhe is or fhall be charged, and the Fees due to the War- their Aflignec*. den, Marfhal or Keeper, of the Gaol or Prifon, from which the Prifoner was brought, to be, by a fhort Indorfement on the Back of fuch Petition, figned by the Prifoner, affigned to the faid Creditors, or one or more of them, in Truft for the reft of them, and by fuch Affignment the Eftate, Intereft and Property of the Lands, G°°ds, Debts and Effects fo affigned, fhall be vefted in the Perfon or Perfons to whom fuch Affignment is or fhall be made, who may take Poffeflion of, or fue for the fame, in his or their own Name or Tarnes, in like Manner as Aflignees of Commiffioners of Bankrupts, to which Suit no Releafe of the Prifoner, his or her Executors or Adrhiniftrators, or any Truftee for him or her, fubfequent to fuch Af- iignrnent, fhall be any Bar ; and immediately upon fuch Affignment executed, the faid Prifoner fhall be The Prifoner to discharged out of Cuftody by Order of Court, and fuch Order fhall be a fufficient Warrant to the Sheriff, be °ifchargcd. Gaoler or Keeper of fuch Prifon, to difcharge the faid Prifoner, if detained for the Caufes mentioned in fuch Petition, and no other ; and he is hereby required to difcharge, and fet him or her at Liberty forthwith, without Fee, nor mall fuch Sheriff or Gaoler be liable to any Action of Efcape, or other Suit or Informa- tion upon that Account ; and the Perfon or Perfons to whom the faid Effects fhall be affigned, paying the Fees to the Gaoler or Keeper of the Prifon, in whofe Cuftody the Party difcharged was, fhall, and are hereby required to divide the Effects fo afligned among themfelves and all the Perfons for whom they fhall be intrufted, in Proportion to their refpective Debts ; but in cafe the Perfon or Perfons at whofe Suit fuch Creators dif- Prifoner was charged in the Execution or any of them, {hall not be fatisfied with the Truth of fuch Oath, Satisfied, Pri- but fhall defire further Time to inform himfelf of the Matters contained therein, the faid Court may and manded°to p™Z fhall remand the faid Prifoner, and direct the faid Prifoner and the Perfon or Peribns diffatisfied with fuch f on , Oath, to appear at another Day to be appointed by the faid Court, fometime within the firft Week of the and another Day Term next following the Time of fuch Examination ; and if at fuch fecond Day, fo to be appointed, the appointed. Creditor or Creditors diffatisfied with fuch Oath fhall make Default in appearing, or in cafe he or they fhall appear, but fhall be unable to difcover any Eftate or Effects of the Prifoner omitted in fuch his or her Pe- tition, or to fhew any Probability of his or her having been forfworn in the faid Oath ; then the faid Court Creditors infiS- fhall immediately caufe the faid Prifoner to be difcharged upon fuch Affignment of his or her Effects in fogon detaining Manner as aforefaid, unlefs fuch Creditor or Creditors do infift upon his or her being detained in Prifon, the fj' 1 " "" ° and do agree by Writing under his Hand, to pay and allow weekly a Sum not exceeding two Shillings and ^sad™ weekly four Pence per Week unto the faid Prifoner, to be paid the firft Day of every Week, fo long as he or fhe fhall continue in Prifon, at his, her or their Suit ; on Failure of the Payment of which weekly Sum at any Time, the faid Prifoner fhall forthwith upon Application to the Court be difcharged by fuch Order as afore- faid ; but in cafe the faid Prifoner fhall refufe to take the faid Oath, or having taken the fame fhall be de- tected of Falfity therein, he or fhe fhall be prefently remanded. X. Provided always, and be it further enacted by the Authority aforefaid, That the Perfons of the Prifoner fo dif- Debtor or Debtors fo difcharged fhall never after be arretted for the fame Debt or Debts ; but yet notwith- charged not to ftanding fuch Difcharge, the judgment againft him fhall ftand and remain in Force, and Execution may ke arreted for be taken out thereon againft his Lands, Tenements or Hereditaments, Goods and Chattels (his wearing ^ le {ime DetlC ' Apparel, Bedding for himfelf and Family, and neceffary Tools for the Ufe of his Trade or Occupation, excepted) in the fame Manner as if he had never been taken in Execution for the faid Debt. XI. Provided alfo, and be it further enacted by the Authority aforefaid, That if any fuch Perfon, who Penalty on p r ;. fhall take fuch Oath as aforefaid, fhall, upon any Indictment for Perjury in any Matter or Particular con- foner conviiied tained in the faid Oath, be convicted by his or her own Confeflion, or by Verdict of twelve Men, as he ° f Perjury. or fhe may be by Force of this Act ; the Perfon fo convicted fhall fuffer all the Pains and Forfeitures which may by Law be inflicted on any Perfon convicted of wilful Perjury, and fhall like-wife be liable to be taken upon any Procefs de novo, and charged in Execution for the faid Debt, in the fame Manner as if he or fhe had never been difcharged or taken in Execution before, and fhall never after have the Benefit of this Ad. XII. Provided alfo, and be it further enacted by the Authority aforefaid, That if the Effects fo afligned The Effecls not fhall not extend to fatisfy the whole Debts due to the Perfons at whofe Suit he or fhe was fo charged, and fatiffying the the Fees due to the Gaoler, there fhall be an Abatement in Proportion ; and fuch Gaoler fhall come in as a ?? Debt3 » Creditor for what fhall be then due to him for his Fees, in Proportion with the Creditors at whofe Suit he ^u oc '|[ n ^. or fhe was charged in Execution. ba:ementinPro- XIII. And be it further enacted by the Authority aforefaid, That where there are mutual Debts between portion. the Plaintiff" and Defendant, or if either Party fue or be fued as Executor or Adminiftrator, where there Mutual D-bts t are mutual Debts between the Teftator or Inteftate and either Party, one Debt may be fet againft the other, be fee one againft 4 T Z and the other, °
 * T A. B. do folemnly fwear, in the Prefencc of Almighty God, That the Account by me del
 * ■ fince my Imprifonrnent or before, directly or indirectly, fold, leafed, afligned or otherwife 1