Page:Ruffhead - The Statutes at Large - vol 8.djvu/412

 n 78 C. 28. Anno tricefimo fecundo Ge or on II. A. D. 1758. The Oath. * V J. B. do fwcar, in the Prcfence of Almighty God, That the Account by me fet forth in the ' 1 my Petition piefented to this Honourable Court, doth contain a full and true Account of the ' Real and Perfonal J^ftate, Debts, Credits and Effects whatfoever, which I, or any in Truft for ,' any Refpeiit intitled to, in Poflelhon, Reverlion or Remainder (except the Wearing Apparel and ' not exceeding ten Pounds in Value in the Whole) and alfo an Account how much of my Real ' Ufe, is any v/ays interefted in or intitled to, in Pofl'e/lion, Reverfion, Remainder or Expectancy, ' and alfo a true Account of all Dced»», Writings, Books, Papers, Securities, Bonds, and Notes ' rel;iting thereto, and v/here the fame refpedtively now are, to the beft of my Knowledge and Bc- ' lief, and what Charges are now afFedting the Real Eftate I am now feifed of or intitled to (if any ' before or fince my Imprifonment, dire6tly or indirectly fold, leafed, afligned, mortgageJ, pawned, ' Account, any Part of my MefTuages, Lands, Tenements, Eftates, Goods, Stock, Money, Debts, ^0 help me God. Court may thereupon And in cafe any Prifoner or Prifoners as aforefaid fhall in open Court take the faid Oath, fuch Court order an Affignmant to jn which any fuch Oath as aforefaid fhall be taken, may then immediately order the JVlefTuages, be made, on the Back of L^pjg^ Tenements, Goods and Effects contained in fuch Account, or fo much of them as may be PHfcner'rEftateand fufficicnt to fatisfv the Debt or Debts v/hercwith any fuch Prifoner or Prifoners ftiall ftand charged Effect's^'^ and conveyed to in Execution, and the Fees due to the Warden, Marfnal, or Keeper of the Gaol or Prifon from the Creditor, &c. v.hich any fuch Prifoner was brought, to be, by a fhort Indorfemcnt on the Back of fuch Petition, and to be figned by the Prifoner, affigned and conveyed to the Creditor or Creditors who fiiall h.^vc charged any fuch Prifoner in Execution (if more than one) his, her or their Heirs, Executors, Adminiftrators and Affigns, for the Benefit of him, her or them, who^fhall have fo charged any fuch the fame to be fubiect to Prifoner in Execution (fubject neverthelefs to all prior Incumbrances afteCting the fame) ; and the prior Incumbrances. Eftate, Intereft or Property of all Mefiuages, Lands, Goods, Debts, Eftates and EfFcCts which fliall belong to any fuch Prifoner, fhall by fuch Affignment and Conveyance as aforefaid, be vefted in the Perfon or Perfons to whom fuch AfTignmcnt and Conveyance fliall be made, according to the Creditor may thereupon Eftate and Intereft fuch Prifoner or Prifoners had therein refpcCtively ; and the Creditor or Credi- Jfonee^ of^Comrnlffion- ^''^^ '^^^ i" ^'^i her or their Name or Names for the Recovery thereof, in like Manner as Aflignees er°s of Bankrupts ; of Commiflioners of Bankrupts can or may fue for the Recovery of the Eftates and EfFcCts ofBank- and no Relafe of the rupts which fliall be afligned and conveyed to them; and no Releafe of any fuch Prifoner or Pri- Prifoner, fubfcquent to foners, his or her Executors or Adminiftrators, or any Truftee for him, her or them, fubfequent to fuch Afli£nment, may fuch AfTignment and Conveyance, fhall be pleadable, or be allowed of in Bar of any Action or be pleaded m Bar of any qj- (juij which fhall be commenced by any fuch Aflignee or AfTignees of any fuch Prifoner or Pri— Court ther "upon to make foners, for the Recovery of any of his, her or their Eftate or EffcCts ; and upon every fuch Allign- a Rule for Difcharge of ment and Conveyance being executed by any fuch Prifoncr or Prifoners, he, flie or tV^ey ihall be ihc Prifoner J difcharged out of Cuftody by Rule or Order of fuch Court, which fhall be petitioned by any fuch Prifoner; and fuch Rule or Order being produced to, and a Copy thereof being left with, any fuch Sheriff, Gaoler or Keeper of any Prifon as aforefaid, fhall be a fufficient Warrant to him to difcharge every fuch Prifoner or Prifoners, if charged in Execution, or detained for the Caufes mentioned ni and the Sheriff or Gaoler, his, her Or thcir refpeCtive Petition, and no other ; And every fuch Sheriff", Gaoler or Keeper is hereby being fcrved with a Copy required, on having fuch Order produced to him, and a Copy thereof left with him, to difcharge thc-eof, to fet the Pn- j^^^j ("g^ ^f Liberty forthwith every fuch Prifoner and Prifoners who fliall be ordered as aforefaid to foner at Liberty. y^^ ^^ difchart;ed, without taking any Fee, or detaining him, her or them in refpeCt of any Demand of any fuch Sheriff", Warden, Marfhal, Gaoler, or Keeper, for or in rcfpedt of Chamber Rent or Lodging, or otherwife ; or for or in rcfpedt of any Fees theretofore claimed or due to any fuch She- Sheriff not TiaMe to Ac- riff", Gaoler, or Keeper, or any employed by or under him or them : And no fuch Sheriff^, Gaoler tionofEu-ope thereupon, or Keeper fhall afterwards be liable lo any Adtion of Efcape, or other Suit or Information on that Aflignee to make Sale of Account, or for what he fliall do in jnirfuancc of this ACt ; and t!ie Perlon or Perfons to whom the Eftate and ElTcas of jj^p Eftatc and EfFeCts of any fuch Prifoner or Prifoners fhall be afligned and conveyed, fhall with the Prifoner, ,, convenient Speed fell and difpofe of the Eftates an.d Eff'eCts of every fuch Prifoner which fhall and make a Dividend ac- be fo afligned and convcyed, and fhall divide tlie net Produce of all fuch Eftites and EflcCts amongft tordingly amorgft the tlie Creditors of cvcty fuch Pnfoncr and Prifoneri;, if more than one, who fhall have charged any other Cicditort. ^. {x<: Prifoner in Execution, before the 'lime of fuch Prif'ojier's Petition to be difcharged fhall have But if the Creditor <hi/w been prefented, rateably and in Proportion to their refpective i^ehts ; but in cafe the Perfon or CaMfcofdiiiulicvingihc Ptrfons at whofe Suit any fuch Prifoncr or Prifoners ftood charged in Execution as aforefaid, Ihall Piifonct's O.iih, jjyj
 * me at the Time of my firft Imprifonment in this Action, or at any Time fince had, or w^s in
 * Bedding of or for me and my Family, and the Tools or Inftruments of my Trade or Calling,
 * and Perfonal Eilate, Debts, Credits or Etfedls, hath fince been difpofed of, releafed or difchargcd,
 * and how, to whom, and on what Confideration, and for what Purpofe, and how much thereof I
 * or any Perfon or Perfons in Truit for me have, or at the Time of my prefenting my faid Petition to
 * this Honourable Court had, or which I am or was, or any Perfon in Truft for me, or for my
 * fuch prifoner or Prifoners Jhall be then feifed of any Real Eftate) and that I have not, at any Time
 * or otherwife difpofed of, or made over in Truft for myfelf, or otherwife than is mentioned in fuch
 * or other Real or Perfonal Eftate, whereby to have or accept any Benefit, Advantage, or Profit, to
 * myfdf or my Family, or with any View, Defign, or Intent to deceive, injure or defraud any of
 * my Creditors to whom I am indebted.'
 * ^''lVI1?a^'ner af Af-^ ^^""^ ^^ whom any fuch AfTignment and Conveyance fhall be made, fhall and may take Poiieflion of,