Page:Ruffhead - The Statutes at Large - vol 7.djvu/618

 598 C. 13. Anno vicefiiroo oflavo Georgii II. A. D. 1755. Cieditor may compel a PriTo- iier to cU-Iier in 7 Schedule oi" his Prifoner making Pifcovcry to be (lif'charged j en Refufal to make the fame, fo iulTer as a ■ Felon; Notice thereof to be given, that other Creditors may come in. and may be lawful to or for any one or more of the Creditors of any Prifoner committed fince the firft Day o' Jantuiry_Qn& thoufand feven hundred and forty-feven, at v.'hofe Suit he or fhe wa3 detained in Prifoji upon the faid firft Day oi January one thoufand feven hundred and fii'ty-tive, upon twenty Days Notice in "Writing to be given to fuch Priloncr, and the Ferfon in vvhofe Cuftody he or (he is, to require; the Sheriff or Sheriffs, G:ioler or Gaolers, or Keeper of the Prifon wherein fuch Prifoner is detained, to bring fuch Prifoner before the Juflices, at their next Genera! or Qiiarter-SefHons of the Peace, or any Adjou-nment thereof, for the refpeclive County, Riding, Divifion, City, Town or Liberty, together with a Copy or Copies of the Caufe or Caufes of his or her Detainer; and fuch Prifoner coming before fuch Jullices, at their faid General or Quarter-Seflions held as aforefaid, fhall at the Defire of any one or more of his or her Creditors, at whofe Suit he or (lie appears to be detained, be obliged to deliver in upon Oath, rnd fub- fcribe the like Schedule of his or her Eilate or Effects, to be vefled, affigned and equally divided, for the Benefit of his or her Creditors, in like manner asPerfons defiring to take the Benefit of this Acl are required to do, fubje6l to the fame Penalty of being adjudged a Felon, and fuftering as fuch, without Benefit of Clergy, on Convi6lion of wilful Perjury therein, as the faid other Prifoners are hereby fubiefted to ; and fhall upon fuch Difcovery, to the Satisfaftion of the faid Juftices, in their faid General or Quarter-Seflioni held as aforefaid, or the major Part of them, be difcharged and fet at Liberty, in the fame Manner, and with the fame Benefit of making ufe of their Difcharge, as is hereby provided for Prifoners feeking their Difcharge under this Aft ; and if any fuch Prifoners, fo brought up as aforefaid, fliall neglctS or refufe to deliver in and fubfcribe fuch Schedule within forty Days, he, {he or they fo neglefting or refufing, fhall, upon Conviftion thereof, be adjudged guiliy of Felony, and Ihall fufFer Death as a Felon, without Benefit of Clergy. XL. Provided always. That the Creditors who intend to compel fuch Prifoners to deliver in any fuch Schedule of their Efl:ate and Efl:'e<3:s, do give publick Notice thereof in the London Gazette, twenty Daj-s at leaft before the faid General or Quarter-Seffions held as aforefaid, to the end the other Creditors of fuch Prifoners may be apprized thereof, and come in for their Diftributive Share, which they are hereby im- powered to do, in like manner as is provided for the Creditors of Perfbns feeking their Difcharge under this Aft. XLL And be it further enafted by the Authority aforefaid. That the Oath to be taken by the Prifoner, delivering in any Schedule, at the Defire of any one or more of his or her Creditors, according to the Pro- vifion hereby made for that Purpofe, Ihall be in the Words following; that is to fay. Oath to be made ' by Prifoner com- c pellcd to give in ^ fuch Schedule. Such Prifoners liable alio to be examined, &c. Affignccs may compound with Pcrfons indebted to l-'rifoncr. Differences re- lating thereto may be deter- mined by Arbi- ti.itors A. B. upon my Corporal Oath, in the Prefence of Almighty God, do folemnly fwear, protefV, and declare. That the Schedule now delivered, and by me fubfcribed, doth contain, to the bcft oi my ' Knowledge, Remembrance, and Belief, a full, juft, true and perfecSl Account and Difcovery of all the ' Goods, EfFefts and Eftate, Real and Perfonal, either in Pofleflion, Reverfion, 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 Perfons in Truft for me ; and of all the Securities and Contracts, ' whereby any Money now is, or will or may hereafter become payable, or any Benefit or Advantage accrue ' of the feveral Perfons from whom fuch Debts are due and owing, and of the WitnefTes that can prove ' fuch Debts or Contrafts ; and neither I, nor any Perfon or Perfons in Truft for me, have Lands, Money, ' Stock or any Eftate, Real or Perfonal, in Pofleffion, Reverfion or Remainder, other than what are in the ' faid Schedule contained, except Wearing Apparel, Bedding for niyfelf and Family, Working Tools, and ' necelFary Implements 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, direftly or indireftly fold, leflened, or other- ' wife conveyed, difpofed of in Truft, or concealed, all or any Part of my Lands, Money, Goods, Chat- ' tels. Stock, Debts, Securities, Contrafts or Eftates, Real or Perfonal, whereby to fecure the fame, to re- ' I am indebted, in any wife howfoever. So help me GOD.' And fuch Prifoner fhall be obliged to undergo the like Examination, on the Application of the AfTignee or AfTignees of his or her Eftate or EfFecSs, as Prifoners feeking their Difcharge are by this prefent Aft required to undergo, and fuhjeft to the like Commitment for refufing to appear, or anfwer upon Oath, as before is provided for the faid other Prifoners. XLIL And be it furi:her enafted by the Authority aforefaid. That any Affignee or Aflisnees, to whom by virtue of this or ?ny former Aft of Parliament made for Relief of Infolvent Debtors, the Eftate orEft'efts oi any Prifoner or Prifoners hath been or fliall he affigned, is and are hereby impowered, by and with the Confent of the major Part in Value of fuch Prifoner or Prifoners Creditors, -who fhall be prefent at a Meet- ing to be had for that Purpofe, of which twenty-one Days publick Notice fliall be previoufly given in two London Ga7,iiti;s, to make Compofition with any Perfon or Perfons, Debtors or Accountants to f^.'.ch Pri- foner or Prifoners, where the fame fhall appear nccell'ary or reafonablc, and to take fuch reafonablc Part as can upon fuch Compofition begotten, in full Difcharge of fuch Debts and Accounts; and alio to fubmit any DifF^-rence or Dil'pute between fuch Affignee or Affignees, and any Perfon or Perfons whatfcever, /or or on account, or by reafon or means of any Matter, Caufe or Thing, relating to fuch Prifoner or Prifoners Eltacc 3
 * to me, or to my Ufe, or to any Perfon or Perfons in Truft for me, and the Names and Places of Abode
 * ceive or expeft any Profit or Advantage thereof, to defraud or deceive any Creditor or Creditors to whom