Page:Ruffhead - The Statutes at Large - vol 7.djvu/617

 A. D. 1755. Anno vicefimo odavo Georgii U. ' C. 13. ^gy claim to be difcharged ; and it fhall and may be lawful for the Juflices of the Peace, at fuch Seffions as was on i Tan. to aforefaid, upon fuch Oath as aforefaid, and upon fuch Prifoner's performing all other Matters required in makcAfS'Jjvitof this Aft, to difcharge fuch Prifoner. iiis Confinement. XXXIV. And whereas the Prifons of the FLct and King's Bench, being the Prifons of and belono-iiirr by the Authority aforefaid, That every Perfon {o coming to either of thof; Prifons, whether by Habeas Corpus Priioncr/; in the or voluntary Surrender in Difcharge of Bail, and being qualified to take the Benefit of this Adt in all re- ^l-<:co>' King's fpefts, according to the true Intent and Meaning thereof, fnall be difcharged, or intitled to any other Be- cor m ^n^'^'T' nefits arifing thereby, on taking the Oath that is herein prefcribed for each Prifoner to take, omitting only f.vcrr tiiaHi J'as the Words [without iv.y Confent or Prccitrement~ and with refpeiS to their being a Prifoner or Prifoners, in without their either of faid Prifons above-mentioned only ; any Thing herein contained to the contrary notwith- Ptocuremeni. Handing. ' 7CXXV. And whereas it may happen, that feveral Pcrfons, who m.ay claim and be intitled to the Be- nefit of this Aft, are feifed of an Efiate Tail in feme Freehold or Copyhold Lands, Tenements or He- reditaments ; which Entail, with the Remainders thereupon expeftant, they have by Law Power to de- feat and bar, either by levying a Fine or Fines, fulTering a Common Recovery or Common Recoveries, or by Surrender or Surrenders thereof; and thereby fuch Perfons i'aid Freehold or Copyhold Lands, Te- nements or Hereditaments, fhall be liable to the Payinent of their Debts, and be delivered up according to the Terms of this Aft, for the Benefit of their Creditors :' Be it therefore enafted by the Authority aforefaid. That in every fuch Cafe, fuch Perfon or Perfons fo feifed as aforefaid, and who fhall be intitled Piifoners feifed of. to, and claim the Benefit of this Aft, fliall, to all Intents and Purpofes whatfoever in Law, be deemed and EftatesXail, &c.- taken, and is and are hereby declared to be feifed of fuch Lands, Tenements and Hereditaments, in Fee- j-°^g trcridi-'* fimple ; and the fame I'hall be delivered up to the Creditor or Creditors, in the fame manner as if fuch tors. Perfon or Perfons had aftually levied a Fine, fuftered a Common Recovery or Recoveries, or made a Sur- render or Surrenders thereof, and thereby had become feifed in Fee-fimple; any Law or Conftruftion of Law to the contrary thereof in any wife notwithllnnding. ' XXXVI. And whereas many Prifoners who may be intitled to, and claim the Benefit of this Aft, have ' been great Dealers, or otherwife engaged in large Tranfaftions, whereby they may be intitled to fundry ' for the Benefit of the Creditors :' Be it therefore provided and enafted by the Authority aforefaid, 71iat it {hall and may be lawful to and for the refpeftive Affignees of the Eftate and EfFefts of fuch Prifoner or Affignees nf Pri- Prifoners, who fhall obtain his, her or their Difcharge in purfuance of this Aft, or any other Perfon or f°"'='2'*^h-''5?^"»- Perfons duly authorized by them for that Purpofe, from Time to Time, to apply to any two or more <^^^^ll-^^fyr'°^ the J uftices of the Peace for th; County, Riding, Divifion, City, Town or Liberty, where fuch Prifoner (ifVj:32ifeas"&c. or Prifoners fhall be then refiding, thereby defiring, that fuch Prifoner or Prifoners may be further examined as to any Matters or Things relating to his, her or their Eflrate or Eff-'efts ; whereupon fuch Jufiices fliall juftices to fum- fend for or call before them, fuch Prifoner or Prifonej-s, by fuch Warrant, Summons, Vv'" ays or Means, as 'n^andcxamine they fhall think fit ; and, upon fuch Prifoners appearing, fhall examine him, her or them, as well upon '"'^"""'"^"'"j- Oath as otherwife, as to fuch Matters and Things as fuch Affignee fhall defire, relating to the Eilate or EfFefts of fuch Prifoner or Prifoners ; and if any Prifoner or Prifoners (on Payment, or Tender of Pay- ment, of fuch reafonable Charges as fuch Juflices fhall judge fufficient) fliall negleft or refufe to come P"'"^ "fu'ing and appear, not having a lawful Excufe, to be made known to fuch Juftices, and by them allowed ; or ver"w be co'°^ being come before them, fhall refufe to he fworn, or to anfwer to all fuch Queftions as by fuch Juftices ^;i.jj;j_ fhall be put to him, her or them, relating to the Diicovery of hi;, her or their Eftate or EfFefts, fo veiled or intended to be veftcd in fuch Clerk of the Peace, or in fuch Aflignees as aforefaid ; that then it fhall and may be lawful to and for fuch Juftices, by Warrant under their Hands and Seals, to apprehend fuch Prifoner or Prifoners. fo offending as aforefaid, and him., her or them, to commit to the County Gaol, there to remain v/ithout Bail or Mainprize, until fuch Time as he, fhe or they fhall fubmit him, her or themfelves, to fuch Juftices, and anfv/er, upon Oa.h, to all fuch Queftions as fjiall, by fuch Juf- tices, be put to him, her or them, for the Purpofes aforefaid. XXX VII. And be it further enafted by the Authority aforefiid. That all and every fuch Perfon and Difcowrer of Perfons, who fhall, within twelve Months after the Difcharge of f'uch Prifoner or Prifoners, voluntarily '-'«f°s E'^^f^j ^ come in, and make a Difcovery of any Part of fuch Debtor or Debtors Real or Perfonal Eftate as fliall notf-^^-j™^™'^'^^'^- be comprized in fuch Schedule as aforefaid, before any fuch Juftices aforefaid, fhall be allov/ed after the a-jie, to have Rate of twenty Pounds /-t-r Centum, out of the net Produce of fuch Debtor or Debtors Eftate,- which fhall loi. oirCen:,. be recovered on fuch Difcoverv ; and which fJiall be paid fuch Perfon or Perfons fo difcovering the fame, by the Creditor or Creditors who fhall receive, or be intitled to any Benefit and Advantage by fuch Dif- covery. XXXVIII. Provided always, and be it enafted, That notv/ithftanding the Difcharge of any PrifonerDifchtirge ol>- or Prifoners, by^ virtue of this Aft, if it {hall hereafter appear the fame was obtained fraudulently, ^hej^^njd fmudu.,. fame fhall be void and of none EfFeft. __ emy, v.oi XXXiXi
 * and great Debts and Demands of various and intricate Natures ; and they may be intitled to Equities of
 * Redemption of Eftates fubjeft and liable to Mortgages, Judgments or other Incumbrances, or to Rever-
 * fions. Remainders or other contingent Efl:ates in Lands, Tenements or Hereditaments, or to other
 * Trufts or Interefirs in Eftates, both Real and Perfonal, whi':h may not be fufEciently defcribed or difco-
 * vered in the Schedule or Inventory before direfted to be delivered in upon Oath by the Prifoner to be dif-
 * charged as aforefaid, or which may want his Aid or Afliftance to adjuft, m ke out, recover or manage,