Page:Ruffhead - The Statutes at Large - vol 6.djvu/260

 iq8 C. 24. Anno ocl^vo Georgii II. A. D. 1735. Royal Sign Manual, as fliall be figned in that Behalf; any thing in this Ad, or the faid former Ad, to the contrary notwithstanding. CAP. XXIV, An Aft to explain and amend an Ad paffed in the fecond Year of the Reign of tiis prefent Majefty, intituled, An At! for the Relief of Debtors with refpett to the Imprifonment of their Perfons. StineAe'Aft ' TX/HEREAS an Ad was made in die fecond Year of* his prefent Majefty's Reign, intituled, An "ceo. 2! c. 22. ' VV Ail for the Relief of Debtors with refpetl to the Imprifonment of their Perfons ; which Ad was to ' continue in Force for rive Years, and from thence to the End of the then next Seflion of Parliament, 3 Geo. 2. c 27. <■ anc j no longer: And whereas an Ad was made in the third Year of his prefent Majefty's Reign, inti- ' tuled, An AH for explaining and amending an Act made in the lap? Sejfion of Parliament, intituled, An Ad The faid Afls ' for the Relief of Debtors with refped to the Imprifonment of their Perfons; both which faid Ads ex- nuedV C ° nti " ' P" e w ' tri t ^ 1 ' s P re ^ ent Seflion of Parliament ;' Be it therefore enaded by the King's moft Excellent Ma- ■Marcl°i74o, jeftyj by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in &c. this prefent Parliament affembled, and by the Authority of the fame, That the faid Ads, and the fe- farth P r' "nt'- vera ' Articles and Claufes therein contained, not hereby altered (except the Claufe in the faid firft-men- rmedbynGeo. mentioned Ad, for fetting mutual Debts one againft the other) (hall, together with the Alterations and See farther March, which lhall be in the Year of our Lord one thoufand feven hundred and forty, and from thence 32<J». 2. c.tS. to End of the then next Seflion of Parliament, and no longer. II. And to prevent Perfons who may be charged in Execution from lying in Prifon until they have fpent their Subftance, wherewith they lliould fatisfy their Creditors, and afterwards taking the Benefit of — _. the faid recited Ads when they have nothing left to deliver up to their Creditors ; Be it enaded by the mited for'elc- Authority aforefaid, That from and immediately after the Expiration of this prefent Seffion of Parlia- hiWting Peti- ment, no Perfon charged, or to be charged in Execution, fhall be allowed or permitted to exhibit a Pe- tionSl tition to any of the Courts of Law from whence the Procefs iffued, as is provided in the faid recited Ads, or one of them, unlefs Iuch Petition be exhibited before the End of the firft. Term, which fhall be next after the End of this Seflion of Parliament, or before the End of the Term which fhall be next after iuch Perfon lhall be charged in Execution. ' III. And whereas running of cuftomable and prohibited Goods is grown to an exceflive Height, and s carried on with great Violence by evil Perfons in Defiance of the Law, who do and may attempt tu ' foils fo taken, to be carried by the Officer to a private Houfe, as is provided in the faid recited Ads, perils taken < or one f them ;' Be it enaded by the Authority aforefaid, That the faid recited Ads, or any Part of running of cu- them, fhall not relate to any Perfon who fhall be taken by virtue of a Capias for running of cuftomable ftomabie Goods or prohibited Goods, or for receiving fuch Goods, knowing them to be run ; but it fhall and may be asliefo eTh rcd ^ awm ' for any Officer or Officers to fecure fuch Perfon or Perfons as (hall be taken by virtue of fuch faffing thofe Capias for the Crimes afore-mentioned, in fuch Manner as might have been lawfully done, if the faid Afts. recited Ads had never been made. The ciaufe in ' IV. And whereas the Provifion for fetting mutual Debts one againft the other, is highly juft and Aa fir reiatit'| te( t ' reafonable at all Times ;' Be it therefore further enaded by the Authority aforefaid, That the laid mutual Debts, Claufe in the faid firft recited Ad, for fetting mutual Debts one againft the other, (hall be and remain in made perpetual, full Force for ever. Y. And be it further enaded and declared by the Authority aforefaid, That by virtue of the faid Claufe in fjae faid firft recited Ad contained, and hereby made perpetual, mutual Debts may be fet againft each ' . othejfj either by being pleaded in Bar, or given in Evidence on the General Iffue, in the Manner there- Ixception. - m mentioned, notwithftanding that fuch Debts are deemed in Law to be cf a different Nature ; unlefs in Cafes where either of the faid Debts fhall accrue by reafon of a Penalty contained in any Bond or Specially ; and in all Cafes where either the Debt for which the Adion hath been or (hall be brought, or the Deb intended to be fet againft the fame hath accrued, or fhall accrue, by reafon of any fuch Pe- nalty, th^Debt intended to be fet off, fhall be pleaded in Bar, in which Plea (hall be (hewn how much is truly and juftly due on either Side; and in cafe the Plaintiff lhall recover in any fuch Adion or Suit, Judgment fhall be entred for no more than fhall appear to be truly and juftly due to the Plaintiff", after one Debt being fet againft the other as aforefaid. Quakers folemn VI. And be it further enaded by the Authority aforefaid, That in all Cafes wherein by the faid Acts, Affirmation or either of them, an Oath is required, the folemn Affirmation of any' Perfon being a Quaker, (hall and inl" 1 u of an" ma y be accented and taken in lieu thereof ; and every Perfon making fuch Affirmation, who lhall be Oath. convided of wilful and falfe affirming, (hall incur and fuffer fuch and the fame Pains, Penalties and For- Farther Provl- feitures, as are inflided and impofed by any Laws and Statutes of uYis Realm upon Perfons convided of ■fTflCv^. Wilful and corru P t Per J ur y- 11 Gee. 2. e. to> 16 Ceo. 2. e. 31. 27 -do. 2, e. 3 6? 17. 32 Get. Z, x. 2S. CAP.
 * ■ c - 33- Amendments herein after made, be and remain in full Force and Virtue until the twenty-fifth Day of
 * refcue fuch Perfons as fhall or may be taken by virtue of a Capias ; and it is therefore not fafe for Per-