Page:Ruffhead - The Statutes at Large - vol 7.djvu/615

 A. D. 1755. Anno vicefimo ocftavo Georgii II. C. 13. 595 cution or mefne Procefs, do give a Warrant of Attorney to appear to every fuch Adion, and to plead thereunto. XIX. And be it further enaded by the Authority aforefaid, That if any AiSlion of Efcape or any Suit '^'°'"'"^>'i" or AcTrion, be brought againil any Juftice or Juitices of the Peace, Sherift", Gaoler or Keeper of any Pri- ^aVmft'sui'^c!!' ion, for performing their Office, in purfuance of this A6t, they may plead the General Iffue, and give this Efcape ofPiiib- Ad in Evidence; and if the Plaintilf be nonfuited or difcontiuue hij A6lion, or Verdid nafs againll him ner fore the paffing of this A£t. Cwsrabic Cor the ramVDcbt'. XX. Provided always, and be it enafted by the Authority aforefaid, That notvvithftanding the Difcharge 'J=l'ts and juJg- of the Perfon of fuch Prifoner or Prifoners as aforefaid, all and every Debt or Debts due or owing fro?n™'="'^ ^°. ^''"^ the faid Prifoner or Prifoners, and all and every Judgment or Judgments had and taken, and Decree ob-f™^ ^f^^jj ^n^ tained againft him or her, fhall ftand, and be good and efteSlual in Law, to all Intents and Purpofes, Effeds. 'againft the Lands, Tenements and Hereditaments, Goods and Chattels of the faid Prifoners fo difcharged as aforefaid, which he, fhe or they, or any other^Perfon or Pcrfons in Trufl: for him, her or them, at the Time of fuch Difcharge hath or have, or at any Time hereafter {hall or m,ay be any wife fcifed or poffeffed • of, interefted in, or intitled to, either in Law or Equity ; except his, her or their Wearing Apparel, Bed- Weaiing Appa- ding for his, her or their Families, and Working Tools, and Implements neceflary for his, her or their '■^ ^=°" ^""^ Occupations, not exceeding the Value often Pounds in the Whole; and it fhall and may be lawful to -nd ^^"'"^^^^s. '^"°' for fuch Creditor or Creditors of fuch Prifoner or Prifoners fo difcharged as aforefiid, his, her or their Ex- a^d'cvedi'tormay ecutors or Adminiftrators, to take out a new Execution againft the Lands, Tenements and Hereditaments, take out a new Goods and Chattels of fuch Prifoner or Prifoners (except as before excepted) for the Satisfaftion of his. Execution. her or their Debts, in fuch Sort, Manner or Form, as he, fne or they might have done, if the Perfon or Perfons of fuch Prifoner or Prifoners had never been in Execution; any Adt, Statute, Law or Cuftom, to the contrary in any wife notwithftanding. XXI. Provided alfo. That it fliall and may be lawful for any Perfon difcharged by this A<£1, in cafe any Pcrfons diftharg- Scire facias, or Adtion of Debt, fhall be brought againft him or her upon any Judgment obtained againit'^'^ may plead ge- him or her, or Statute or Recognizance acknowledged by him or her, before the faid firft Day of January'^^^^^^J^'^ ^^^ '^° one thoufand feven hundred and fifty-five, with refped to Prifoners in adual Cuftody, or with refped to brought on jiidg- Debtors beyond the Seas, as aforefaid, upon the faid firft Day of January one thoufand feven hundred and ments, &c. be- £fty-five, to plead generally in difcharge of his or her Perfon or Perfons from Execution, that he or fliefo'e i Jan. 1755, was aftually a Prifoner in fuch Prifon, at fuch a Perfon's Suit, or was or were beyond the Seas in Foreign'*'^' Parts, on the faid firft Day of January one thoufand feven hundred and fifty-five, and was or were duly difcharged according to this A6t at the General or Qiiarter-Seffions held at fuch Time and Place for fuch County, Riding, Divifion, Liberty, City, Town or Place (as his, her or their Cafe is) without pleading any Matter fpecially; and in cafe any other Suit or Aftion fliall be commenced againft him, her or them, for any other Debt, Sum or Sums of Money, due before the faid firft Day of January one thou- fand feven hundred and fifty-five, to plead in difcharge of his or her Perfon from Execution (over and above fuch Matters as aforefaid) that fuch Debt, or Sum of Money (as the Cafe final] happen) was contrafted or due before the faid firft Day of January one thoufand feven hundred and fifty-five, without •pleading any other Matter fpecially, whereto the Plaintiflls fhall or may reply generally, and deny the Mat- ters pleaded as aforefaid, or reply any other Matter or Thing which may fhew the faid Defendant not to be intitled to the Benefit of this Act, or not duly difcharged according to it, in the fame manner as the Plaintiff might have replied in cafe the Defendant had pleaded this Act, and his Difcharge by virtue of this A£t, fpecially ; and if the Plaintiff" be nonfuited, difcontinue his Aftion, or Verdid pafs againft him, or Judgment on Demurrer, the Defendant to have treble Cofts. XXII. Provided always, and be it enafted by the Authority aforefaid. That no Perfon againft whom Banknipts not a CommifTion of Bankrupt hath been awarded and iffued out, and who hath not already obtained his "'staining Certi- Certificate, and Difcharge of his Debts, in purfuance of, and in fuch manner, as is direded by fome "'^^' or one of the Ads of Parliament now in Force, relating to or concerning Bankrupts, or fhall not obtain fuch Certificate and Difcharge before fuch Time as he fhall be brought before the Juftices of the Peace, at their General or Quarter-Seffions held as aforefaid, in order to be difcharged in purfuance not to be bene- of this Ad, fhall have or receive any Benefit or Advantage of or under this Ad, nor be deemed to be^'^'"'^"^^^*' within the Meaning thereof. XXIII. Provided always, That nothing in this Ad contained fhall extend, or be conftrued to ex- A«oinies, &c. tend, to releafe or difcharge any Attorney at Law or Solicitor, or any other Perfon or Perfons ading™.'"=^^'=j'"S.*e. or pretending to ad as fuch, with regard to any Debt with which he or they fhall ftand charged for any „(,f "^^e °bene- Moiiey or other Efteds recovered and received by him or them, for the Ufe of any Perfon or Perfons, fited. Bodies Corporate or Politick, and by any Attorney, Solicitor or other Perfon or Perfons ading as fuch, imbezzeled, concealed or converted to his or their own Ufe ; any Thing herein contained to the con- trary thereof in any wife notwithftanding. ^XXIV, Provided always. That this Ad fhall not extend to that Part of Great Britain called ^w/- J:^"^ f° f t™'^ to land. XXV. And be it further enaded by the Authority aforefaid, That every Sheriff, Gaoler or Keeper of Gaoler to permit ■ any Prifon, fhall, and is hereby required to fuffer, in the Day-time, any Perfon or Perfons defiring the Perfons to fpeak fame, to fee and fpeak in the Lodge, or foine convenient Room of the laid Prifon, with any Prifoner or™'" i'''on"s 4 G 2 Prifoners,