Page:Ruffhead - The Statutes at Large - vol 7.djvu/619

 A. D. 1755. Anno vicefimo oflavo Georgii II. C. 13. Eftate GrEfFcfts, or to any Debt or Debts due or claimed to be due to or from fuch Pi-ifoner or Piifoncrs to the final End and Determination of Arbitrators, to be cliofcn by the faid Aflignee or Aflionees and the major Part in Value of fuch Creditors, and the Party or Parties with whom they ihall have fuch Difference and to perform the Award of fuch Arbitrators, or otherwife to fettle and agree the Matters in Difference 599 and Difpute between them, in fuch manner as the laid Affignee or Affignees, with fuch ConfenTas "afbre- faid, fhall think fit, .'nd can agree; and ihe fame lliall be binding to all the Creditors of fuch Prifoncr or Prifoners; and the faid Affignees are hereby indemnified for what they fliall fairly do, according to the Dire£tion aforefaid XLIII. And, to the Intent and Purpofe that the Eifate and Effefts of fuch Prifoner or Prifoners as fhall bedifcharged by virtue of this Ait, may be truly and faithfully applied for the Benefit of his her or their real Creditors; Be it enafted by the Authority aforefaid, That it Ihail and may be lawful to' and for the Creditor petl- refpeiSlivc Courts at Wejlininfer, from whence any Procefs ilfued, upon which fuch Prifoner or Prifoners tioning.Affigrees was or were committed, whole Effects are fo affigned, or where the Procefs iffued out of any other Court '"^^' '°"' "'""'^'^'^ to and for the Judges of the Court of King's Bench, Common Pleas and Exchequer, or any one of them from '"'^mh'h'"^"^^ Time to Time, upon the Petition of any Creditor or Creditors of fuch Priloner or Prifoners, complaining °' ' ' of any Infufficiency, Fraud, Mifmanagement or other Mifbehaviour, of all or any of the Affignees to whom the Eftate or Effcdts of fuch Priibner or Prifoners fhall be affigned by fuch Clerk of the Peace as aforefaid, upon hearing the Parties concerned therein, to make and give fuch Orders and DirecStions therein either for the Removal or Difplacing fuch Affignee or Affignees, and the appointing any new Affignee or and new ones Affignees, in the Place or Stead ot fuch Affignee or Affignees fo to be removed or difplaced, or for the pru- appointed. dent, juft or equitable Management or Diitribucion of the faid Eftate and Effefts for the Benefit of the refpedtive Creditors, as the faid Courts or Judges refpedlively mall think fit; ^nd in cafe of the Removal or Difplacing of any Affignee or Affignees, and the appointing of any fuch new Affignee or Affignees the Eftate or Effefts of fuch Prifoner or Prifoners Ihall from thenceforth be divefted out of the Affignee or Af- fignees fo removed or difplaced, and be vefted in and delivered over to fuch new Affignee or Affio-nees in the fame Manner, and fur the fame Intents and Puipoies, as the fame were before velted in the Affignee or Affignees as aforefaid; any Thing in this Act contained to the contrary notwithftandino-. X'TJV. Provided always, and be it enaded by the Authority aforefaid. That in atl and every Cafe or Where mutual Cafes, where mutual Credit hath been given between any Prifoner or Prifoners to be difcharged in pur- ^^''f Jws-beeu fuance of this A6t, and any other Perfon or Perfons, or Body Politick or Corporate, before the Delivery of »'"'" ^'^^ BaUmts fuch Schedule or In entorj' of the Eftate and Effects of fuch Prifoner or Prifoners upon Oath as aforelaid, '" *"■' ^^'^^^' then and in every fuch Cafe the refpeftive Affignees of fuch Prifoner or Prifoners ihall and have hereby Power, on their Part, to ftate and allow an Account between them, and nothing more iliall be deemed to be veiled in fuch Clerk of the Peace, or fuch Affignees, as the Eftate or Effedts of fuch Prifoner or Pri- foners, than what fliall appear to be due to him, her or them refpectively, for the Balance of fuch Account when truly ftated. XLV. "Provided always, and be it enadled by the Authority aforefaid. That nothing in this Aft con- This Aa not -c tained fhall extend, or be conftrued to extend to Benjamin Thomas and Richard Bedclces, uvo of the People "tend" to Wnj.'- called ^.akers, now Prifoners in the Common Gaol of the County of Salop., at the Suit of 'Joyce Smith minThmnffE nr^d Executrix of the laft Will and Teftament oi Thomas Sfnith Clerk, deceafed, forTythes or either of them' K.«:'itdSediior . fo as to oblige the laid Benjamin Tho7rias and Richard Beddoes to deliver in and fublcribe a Schedule of their refpcftive Eftates and Effects; but it ftiall and maybe lawful for thejuftices of the Peace of the faid J""'^" "lay c^i! County, upon Application made by the faid Joyce Synith, or by any Perfon or Perfons for or on Behalf of the ''^"^ f^id Prifonjis faid Benjamin Thomas or Richard Beddoes, to caufe the faid Prifoners refpedtively to be brouoht before them ^'"'"'^ ^^'^"^' ' at their next Geneial Quarter-Seffions of the Peace, together with a Copy or Copies of theil- Detainer and to examine into the Value of the Eftate and Effeits of the faid Prifoners, by the Oath of one or more Wit- '""^ ftatrinernto nefs or Witneffes, and to iffue a Vi/arrant under their Hands and Seals, or the Hands and Seals of any two '^■'^-'"""'"'•ir or more of them, thereby direiSting and requiring the refpedive Sums due from them the faid Prifoners J^aT """^ ^^' refpedively, to the faid Joyce Sunth, and for which they are refpeftively charged and detained in the faid V,' Prifon, to be levied upon their refpective Goods and Chattels; and if the Goods and Chattels of the faid b w"Jntrf^ Prifoners refpedively fhall not be foiind fufficient, then the Real Eftates of the iaid Prifoners refpectively Difiicfs"a"nd"?f. (if any fuch there be) fhall by the faid Juftices be affigned over to the faid Joyce Smith, till fuch Time as dgn over thei,- , the faid Debts fhall be refpectively paid; and the fdd Prifoners fhall, upon "their Appearance refnedivelv ^"' ^'"""^' "" _ - - -.---. ........ ...... _ . . rr- K y " yj^ent. foners th"te- upon to be dilV. laid Prifoners fhall, upon "their Appearance refpedively ^''■ he {slxdi Joyce Smith being refpedively paid, be refpedively p^' before the faid Juftices, and the faid Debts due to the {slxdi Joyce Smith being refpedively paid, be refpedivelv Pvw•""^ difcharged from their Imprifonment, as to the faid Debt or Debts. XLVI. And whereas ereat Number tj'
 * rs of poor People have been and are now imprifoned for Debt, upon charged.

Procefies iffuing out of Courts oi Confcience :' It is hereby ena£ted and declared, That all fuch Prifoners Prifoners of fhall be intitl-d to have the Benefit of this Act, and be difcharged hereby, provided he, fhe or they con- Coan-^ o{ c^n- form to the Diredtions herein before prefcribed. icieiice, to )u.e XLVII. And be it further enaded by the Authority aforefaid, That in all Cafes wherein by this Acl an 'hL .vg''' "' Oath is required, the foleii.n Affirmation of any Perfon being z ^lakery fhall and may be accepted and Quaker's AFr taken in lieu thereof, and every Peifon making luch Affirmation, whoihalj be convicted of v/ilful and falfe J^tion lobe'ta'- affirming, fliall incur and fuffer fuch and the lame Penalties as are inflifted and impofed by this Aft, upon ken in lieu ot; an Perfons conviftcd of wilful and conupt Perjury. Oath. XLVIII. Provided iilvvays, and be it enafted by the Authority aforefaid. That no Perfon who took the P=>fons who Benefit of an Aft palfed in the twenty-firft Year of his prefent Majefty's Reign, intituled, An Aclforthe 'f-"'^ 'be Bemft . Relief of hifolveut Debtors, ihail have or receive any Benefit or Advantage of oi under this Aft, nor be deemed "' "' °f"ifj" '^" 10 be within the Meaning thereof i any Thing herein contained to the CQiurary notwithftanding, ^ '^^-'^ '-*'*^ - C A P.