Page:Ruffhead - The Statutes at Large - vol 6.djvu/96

 34 C. 27. Anno tertio Georgii II. A. D. 173a. ' of the great Difficulties and Expences which attend the fame :' Therefore for remedying the faid In- conveniencies, and to the Intent that the Creditor or Creditors may be the better enabled to inquire into the true State of the Real and Perfonal Eftate of any Prifoner or Prifoners who (hall be in Execution as aforefaid, on his, her or their Account, Be it enacted by the King's moft Excellent Majefly, by and with the Advice and Confent of the Lords Spiritual and Temporal and Commons, in this prefent Parliament brought to the ni-Xt Affizes : Expences there- of how to be paid. they deiign to minjl er- Hall from whence the Procefs iffued, upon which he, (he or they was or were charged in Execu- Court" • t ' on ' m ^ UC ^ Manner as the faid Act mentions, fuch Prifoner or Prifoners (hall give or caufe to be given S Geo'. 2. c.24. a Writing, importing Notice to the feveral Creditors, at whofe Suit he, (he or they (hall (land charged as aforefaid, that he, (he or they doth or do intend to petition the Court from whence the Procefs iffued upon which he, me or they was or were taken in Execution, and alfo a true Copy of the Account or Schedule in Writing of his, her or their whole Real or Perfonal Eftate, which he, (he or they doth or do intend to deliver into any fuch Court, the faid Notice to be left with or ferved upon the (aid Creditor or Creditors, his, her or their Executors or Adminiftrators, or fome or one of them, or his or their At- torney or Agent imployed in fuch Caufe or Caufes, for which he, (he or they (hall be imprifoned. priibner.byRuie II. And it is hereby further enacted, That upon fuch Petition made by any Prifoner or Prifoners of Court, to be t0 anv f the faid Courts from whence the Procefs iffued, fuch Court is hereby required to make a Rule to caufe the Prifoner or Prifoners to be brought, at an Expence not exceeding twelve Pence a Mile, to be paid to the Officers out of the Effects of the Prifoner, and in cafe the Prifoner has not fufficient Effects, then to be repaid by the Treafurer of the County out of the County Stock, to the next Affizes to be holden for the County or Place where he, (he or they (hall be imprifoned, if the fame (hall be within that Part of Great Britain called England, and if within the Principality of Wales or County Palatine oiCheJler, then fuch Prifoner or Prifoners (hall be brought to the next Great Seffions to be holden- Creditors to be for the County where he, (he or they (hall be imprifoned; and the feveral Creditors at whofe Suit fuch fummoned. Prifoner or Prifoners (hall (land charged as aforefaid, (hall alfo be fummoned to appear at the faid next Affizes or Great Seffions perfonally, or by his, her or their Attorney or Attorneys, by Rule or Order of the Court from whence the Procefs iffued, to be ferved on fuch Creditor or Creditors, or to be left at his . her or their Dwelling-houfe or ufual Place of Abode, thirty Days at the lead before fuch Affizes or Great: Seffions. III. And it (hall be lawful for the Judges of Affize or Great Seffions, or one of them, and he and: they are hereby required to appoint a Time for hearing the Matter upon the faid Petition at and during, fuch Affizes or Great Seffions ; and upon Appearance of the Creditors fo fummoned, or in Default there- of, upon Affidavit of their being fo fummoned, and duly ferved with fuch Notice, and Copy of Ac- count of fuch Prifoner's Real and Perfonal Eftate as aforefaid, and alfo with the Rule or Order of Court The Caufe to be for their Appearance at fuch Affizes or Great Seffions, the faid Judge or Judges (hall in a fummary Way. hearf in a fum- exam i ne into the Matter of fuch Petition, and hear what can or (hall be alledged on either Side for or mary ay * againft the Difcharge of fuch Prifoner, upon which Examination the faid Judge and Judges is and are- impowered and required to adminifter or tender to fuch Prifoner the Oaths in the faid recited Act directed and appointed to be taken by any Prifoner before the Judges of the Court out of which the Procefs upon, which fuch Prifoner was taken in Execution iflued ; and the faid Judge or Judges of Affize or Great Seffions (hall give fuch Judgement, Relief and Directions as the Court out of which the Procefs iflued for the taking of fuch Prifoner in Execution might or ought to have given before the making of this Act; Judgments to be which Judgment, Relief and Directions, by the faid Judge or Judges of Affize or Great Seffion fo given. c"'!i ed °" Re ~ as aforefaid, fhall be as good and effectual to all Intents and Purpofes, as if the fame had been made in the Court out of which the Procefs iffued on which fuch Prifoner was taken in Execution ; and the like Proceedings fhall be had thereupon, and a Record of fuch Judgment fhall be made up in the fame Form, and returned and certified under the Hand or Hands of the Judge or Judges before whom it (hall be made, unto the Court from when the Procefs on which fuch Prifoner was taken in Execution iflued, to- be a Record of the faid Court, and to be kept as fuch amongft the other Records there. IV. And it is hereby further enacted, That the Judges of the Great Seffions in Wales, and the Judgea of the County Palatine of Cbejler, within their refpective Jurifdictions, (hall and they hereby have the fame Cognizance, Power, Authority and Jurifdiction for the Relief of Debtors, with refpect to the Im- prifonment of their Perfons, who (hall be imprifoned within their refpective Precincts, by Virtue of any Execution to be iflued out of their refpective Courts, and to proceed in the fame Manner concerning the Difcharge of fuch Debtor or Debtors, and to give the fame Judgment, Relief and Directions re- lating thereto, as the faid Courts in Wejlminfter-Hall are impowered and directed to do by the faid herein before recited Act. ' V. And whereas divers Rules or Orders may have been made by the Courts of Law in Wejlmhi- ' Jler-Hall for the bringing up of Prifoners, purfuant to the faid recited Act, from Prifons at great Di- ' fiance from the Cities of London and Wejhninjler, which have not been obeyed by the refpective Sheriffs ' or Gaolers in whofe Cuftody fuch Prifoner or Prifoners then were, by reafon of the great Expence ' attending the fame ;' Be it enacted by the Authority aforefaid, That all fuch Rules or Orders as have bringing Prifon- Deen made by any of the Courts in Wejlmin/hr- Hall, for bringing up of fuch Prifoners to any fuch Courts, fter^HaUva'cat 1 --' an< ^ au Attachments and Proceedings thereon, be and the fame are hereby difcharged and made void; and ed." " that all Sheriffs and Gaolers be and are hereby protected and indemnified againft all Actions that are or fhall be brought againft them, or any of them, for not obeying fuch Rules or Orders. cord. Judges of Wales and Chefter to have the like Power within their own Pre- «infts. Orders made for s VI. And