Page:Ruffhead - The Statutes at Large - vol 7.djvu/612

 592 C. 13. Anno vicefimo odavo Georgie II. A. D. 1755. iiiiiefs the Af- refpeftivc Hands and Seals, before fuch Affignment, agree to pay or faiisfy to fuch Landlord or Landlord* figne's fjtisty d^jg Rent to him or them refpeftively due, not exceeding two Years Rent as aforefaid, to the Intent that t e Landlord. ^^^j^ r;andlord or Landlords may be fatisfied the Rent or Rents to him or them refpeclively due, before any Divifion of the Eflate or Effects of fuch Prifoner or Prifoners among his other Creditors, in like man- ner as he or they might be fatisfied the Rent to him or them refpectivcly due before the Removal of fuch 8 Ann. c. 14. Goods and Chattels, by virtue of an Execution by force of the Scatute made in the eighth Year of her late Majefty's Reign, intituled. An Act for the letter Security of Rents, and to prevent Frauds committed by Tenants; any Thing herein before contained to the contrary thereof in any wife notwithftanding. VIL Provided alfo, and be it enacted by the Authority aforefaid. That no:hing in this A(5l Iha'l extend or be conftrued, to hinder or prevent any Mortgage or Mortgr'ges -upon the Eitate of fuch Prifoner or Prifoners or any Part thereof, to take place upon the Lands, Tenements or Hereditaments, com.prifed in Mortunges, S.-C. fuch Mortgage Or Mortgages refpecfivejy ; nor to prevent any Statute-Staple, Statute-Merchant, Recog- not afteaed. nizance or Judgment, acknowledged by or obtained againft, any luch Prifoner or Prifoners, to take place upon the Lands, Tenements or Real Eftate of fuch Prifoner or Prifoners; and alfo where any Inqiiifition fhall have been taken upon any fuch Statute or Recognizance, or any Writ of Execution fliall have been taken out, and delivered to the Sheriff" or proper Officer, upon aiiy fuch J udgm.ent, before fuch Affignment made by the Clerk of the Peace, as aforefaid, upon his or their perfonal -tftate refpeilively, preferable and prior to any Divifion of the Eftate and Eftefts of fuch Prifoner or Prifoners among his other Creditor or Creditors, for fo much as fhall remain really due upon fuch Mortgage, Statute, Recognizance or Judg- ment refpeftively, in like manner as fuch Mortgagees and Creditors by Statute, Recognizance or Judg- ment, would have been preferred to other Creditors of an inferior Nature, againfl the Real or Perfonal Eftate of fuch Prifoner and Prifoners refpeftively, if this Adl had not been made; any 'I'hing herein before contained to the contrary thereof in any wife notvvithllanding. ' VIIL And whereas many Perfons who may be intitled to and claim the Benefit of this Aft, are feifed ' and poffeffed of Lands, Tenements and Hereditaments, to hold to fuch Prifoners for the Term of their ' natural Lives, with Power of granting Leafes (for Fines referving fmall Rents) on fuch Eftates for one, ' two or three Lives, in Pofieffion or Reverfion, or for fome Number of Years, determinable upon Lives, Power inPtifoner' which faid Powers ought to be executed for the Benefit of the Creditors of fuch Prifoners :' Be it there- of leafing Lands, fore enaded by the Authority aforefaid, That in every fuch Cafe, all and es'ery the Powers of leafing fuch Affienees '" Lands, Tenements and Hereditaments, which are or fhall be vefted in or claimed by any fuch Prifoner or Prifoners as afoiefaid, fliall be, and are hereby vefted in the Affignee or Affignees of the Real and Perfonal Eftate of fuch Prifoner bv virtue of this Adl, to be by fich Aflignee or Affignees executed for the Bene- fit of all and every the Creditors of fuch Prifoners, as aforefaid. Prifoners intend- IX. And be it further enacted by the Authority aforefaid. That all and every Prifoner and Prifoners ing to take the who Ihall fo petition to be difcharged under this A6t, as aforefaid, Ihall caufe publick'Notice to be inferted Ai'r*to "ive tiro ^" three feveral London Gazettes, previous to fuch General or Quarter- Seffions, or any Adjournment there- tice'in London' '^^t ^^ which the faid Prifoner and Prifoners fhall apply to be difcharged, containing the Name, Trade or Gazette. Occupa ion, and two laft Places of Abode, if fo many, of every fuch Prifoner and Prifoners, and the Prifon wherein he, flie or they is or are confined, and of his, her or their Intention to take the Benefit of this AtSt, and mentioning fuch Notice in each Gazette, to be the firft, fecond and third Notice, according Fee for the fame to the Time of publifhing each of fuch Notices ; for each of which faid feveral Notices, there fhall be paid by each Prifoner two Pence, and no more; the firft of which faid Notices fliall be fo inferted in the fiid Gazette, thirty Days at leaft, and the laft of the faid Notices, ten Days at leaft before fuch General or Quarter-Seifions fo held as aforefaid, fo that as well all the Creditors who have not charged the faid Pri- foner or Prifoners in Cuftody, as thofe Creditors who have charged fuch Prifoner or Prifoners, may have fufficient Notice as aforefaid ; and in cafe it fhall be proved either upon Oath, or by producing the faid three Gazettes, before the faid Juftices at their faid Seffions, that the faid publick Notices were fo inferted in the London Gazette, in manner as herein before is direfted ; and that the faid Perfon or Perfons fo peti- ti ining was or were aflually a Prifoner or Prifoners on the faid firft Day of yanuary one thoufand feveii ' ^ ' J --''"'"■ '^ ' '-se Oath taken by the faid Prifoner or Prifoners be not difproved by good Tef- or Perfons on Oath, to be adminiftered by the faid Juftices, the.i the faid or Ojiarter-Seijions, or any Adjournment thereof, or the major Part of them ■charge him. being fatisfied tb.erewith, fliall thereupon, by Order of the faid Seffions, command the faid Sheriff or She- rifts, Gaoler or Gaolers, or Keeper of any fuch Prifon or Prifons, forthwith to fet at Liberty fuch Pri-
 * Gaoler's Fee. foner or Prifoners, without having or taking any Fee or Reward, other than one Shilling for his or their

Attendance with fuch Prifoner or Prifoners at fuch General or Qiiarter-Seffions, or any Adjournment thereof, in order for his, her or their Difcharge ; Nvhich Sum of one Shilling fuch Sherlft" or Sheriffs, G--o- ler or Gaolers, Keeper or Keepers of fuch 1-rifon i r Prifons, arc hereby authorized and impov.-crcd to re- ceive and take for the Purpofes aforefaid, and no more; which Order fliall be a fufficient Difcharge to the Sheriff" or Sherifl's, Gaoler or Gaolers or Keeper of fuch Prifon or Prifons, and Ihnll indemnify him or them againft- any Efcape or F.fcapes, or Aiiion or AtSions wharfoever, which fhall or may be brought, commenced or profecuied againft him or them by reafon thereof. Court, if required X. And he u further enafted by the Authoritv aforefaid. That any Court of General or Qiiarter- adn^limer,in° ^e^ions, v/'.iich, purfuant to the true Intent and Meaning of this A&, ihall make any Order for the Dif- O.iato'thu ch..rge of any Piifoner or Prifoners aforefaid, fliail, if required by any Creditor or Creditors, who fliall Gaoler. oppofe fuch I'rifoner's Difchavge, adminiftcr and give fuch Sheriff or Sheriff's, Gaoler or Gaolers, Keeper or Keepers of fuch Prilon or 1 ril'oas, w.icrcin the faid Prifoner or Prifoners is or are, an Oath, to the ioJlovvnig Eft'ed ; that is to lay, I ./. B.