Page:Ruffhead - The Statutes at Large - vol 7.djvu/611

 A. D. 1755. Anno vicehmo octavo Georgii IT. C. 13. 591 either in Poileflion, Reverfion or Remainder, or in Trufl: for me, or for my Benefit or Advantage, unto me in any wife belonging or appertaining; and fuch Debts as are to me owing, or to any Perfon or Per- fons in Truft for me; and of all the Securities and Contrafts whereby any Money now is, or will or may hereafter become payable, or any Benefit or Advantage accrue to me, or to my Ufe, or to any Per- fon or Perfons in Trufl: for me, and the Names and Places of Abode of the feveral Perfons from whom fuch Debts are due and owing, and of the WitnclTes that can prove fuch Debts or ContracTts ; and that neither I, nor any other Perfon or Perfons in Trufl: for me, have Lands, Money, Stock or any Eftate, Real or Perfonal, in Pofleflion, P,.everfion or Remainder, other than what are in the faid Schedule con- tained, ex'cept Wearing Apparel, Bedding for myfelf and Family, Working Tools, and neccfl'ary Im- plements for my Occupation and Calling, and thefe in the Whole not exceeding the Value of ten Pounds ; and that I have not, nor any Body for me, directly or indirectly fold, leitened or otherwife conveyed, dlfpofed of in Truft or concealed, all or any Pnrt of my Land, Aloney, Goods, Chattels, Stock, Debts, Securities, Contracts or Eftate Res.] or Perfonal, whereby to fecure the fame, or to re- ceive or expect any Profit or Advantage thereof, or to defraud or deceive any Creditor or Creditors to whom I am indebted, in any wife howfoever. So help me G D: And which faid Schedule, being fo fubfcribed in the Prefence of the Juftices, in open Court and Seffions ^'_^^'l"'^.'° * aforefaid, is to remain with the Clerk of the Peace, for the better Information of all the Creditors of ^j^=^j^ J [J^^ fuch Prifoner ; and all the Eftate, Right, Title, Intereft and Truft of fuch Prifoner, of, in, and unto peace, fuch Real Eftate, as well Copv or Cuftomary held, as Freehold, and fuch Perfonal Eftate, Debts and Effefe, contained in fuch Schedule as aforefaid, and all other the Real and Perfonal Eftate of fuch Pri- foner, ftiall, immediately after the Difcharge of fuch Prifoner, be, and is hereby vefted in the Clerk of the Peace of and for the County, Riding, City or Town Corporate, who is hereby diredl:ed and authorized by Order of the Juftices at their General or Quarter-Sefiions of the Peace fo held as aforefaid, to make an "^^° JheVfl'eS Affignment of the Eftate andEffedls to fuch of the Creditors of the faid Prifoner, as the major Part of the jg ^jjigp^.s^ faid Creditors of the faid Prifoner, who fiiall apply for the fame, by any Writing under their Hands, fhall dirciSl and appoint (which Affignment fo made as aforefaid, fiiall be a good and effetSual Affignment in Law to all Intents and Purpofes whatfoever ; and for the Execution of which the faid Clerk of the Peace fhall take a Fee of two Shillings, and no more) in Truft for themfelves, and the reft of the Creditors; which faid Affignee or Affignees is and are hereby impowered to fue in his, her, or their own Name or Names for, and to recover and receive the fame; and alfo to execute any Truft or Power vefted in, or created for the Ufe or Benefit of fuch Prifoner, for the Ufe and Benefit of themfelves, and the reft of fuch Creditors ; and to give fufficient Difcharge and Difcharges to fuch refpedive Debtor or Debtors ; and fully for Benefit of to divide the faid Prifoner's Eftate and Effefts, or the Monies arifing from the Sale or Difpofition thereof " ''°"' (fuch Sale or Difpofition to be approved of by the major Part of the faid Creditors in Writing as aforefaid) among the Creditors of fuch Prifoner, who, within one Month after Notice of fuch intended Dividend publilhed in the London Gazette, fhall produce to fuch Affignee or Affignees, an Affidavit made before one or more Juftice or Juftices of the Peace, who is and are Hereby impowered to take the fame, proving his or her Debt due from the faid Prifoner fo difcharged, in equal Proportions, according to their refpeifive. Debts ; and after the fame is recovered and received, to render the Overplus, if any fhall be (their own Debts and Charges firft deducted ) to the Prifoner, his Executors, or Adminiftrators. IV. Provided always, That all and every fuch Affignee and Affignees of every Copyhold or Cuftomary Affignees of Co- Eftate of fuch Prifoner as aforefaid, fhall, before fuch Time as he or they, or any of them, fhall enter, ^jj^" ou^j"''"t" or take any Profit thereof, agree and compound with the Lord or Lords of the Manor or Manors, of whom ti,^ Lord of 'the the fame fhall be holden, for fuch Fine or Income, upon any Surrender and Admiffion, as heretofore have Manor; been mcft ufual and accuftomed to be paid ; and that, upon every fuch Agreement or Compofition, the faid Lord or Lords for the Time being, at the next Court to be holden for the faid Manor or Manors, fhall grant unto the faid Affignee or Affignees the Copyhold or Cuftomary Eftate, by Copy of Court-roll, Copyhold, &c. according to the Cuftom oflhe faid Manor or Manors, for and during the Eftate and Intereft to him or^°^^ 'dThe'"" them fo affigned as aforefaid; referving the Rents, Duties, Heriots, Cuftoms and Services, to which the ^"" * faid Copyhold or Cuftomary Eftate was fubjett and liable at the Time of the faid Affignment ; and fhall alfo, at the fame Court, admit the faid Affignee or Affignees, Tenant or Tenants of the fame, according to the Cuiiom of the faid Manor or Manors. V. Provided alfo. That nothing herein contained fhall extend to prejudice or afFecSt any Eflate or Inte- f^^l^J ^l^^ff^,^, reft, or Right whatfoever of any other Perfon or Perfons than the faid Prifoner, which may be expe£fant ^^"^y this Ail.' upon or fubjeft unto the Eftate or Intereft of the faid Prifoner hereby vefted in the faid Clerk of the Peace; hut that the Eftate, Intereft and all Rights whatfoever, of every fuch Perfon or Perfons as aforefaid, fiiall remain and continue in the fame manner as if this Aft had not been made. VI. Provided always, and be it ena£l:ed by the Authority aforefaid, That where any P-ent, not exceed- EiS''^f. where iiig two Years Rent, fhall be due to any Perfon or Perfons from fuch Prifoner or Prifoners at the Time of ^™^"n'^j'o'° his or their refpedive Dilcharges in refped: to any Mefi'uages, Lands or Tenements then in Leafe to fuch ^InjiorT- Prifoner or Prifoners refpectively, for Life or Lives, for Years, at Will or otherwife, no Goods or Chat- tels then lying or being in or upon the refpeitive Tenements fo in Leafe or liable to be diftrained, fhall be af- .figned by the Clerk of the Peace in manner aforefaid, hue fhall by fuch Clerk of the Peace be transferred to ■'fuch Landlord or Landlords, or fome Perfon or Perfons intrufted'for him or them refpeftively, towards Sa- tisfadion of the Rent then due, not exceeding two Years Rent as aforefaid, unlefs the Perfon or Perfons to whom fuch Alfignmtnt fhall be made by fuch Clerk of the Peace, fiiall, by Writing under his or their refpedive 3