Page:Ruffhead - The Statutes at Large - vol 8.djvu/417

 A. D. 1758. Anno triceiimo fecundo Georgii II. C. 28. 38 Account he or fhe fhall deliver in and fubfcribe as aforefaid, any Books, Papers, Securities or Writings, relating to his or her Eftate and Effeifls, with Intent to defraud his or her Creditor or Creditors, and fhall be thereof convi6ted on any Indi£tment found againft him or her in refpcdt thereof; he or flie fo offending and being convidied as aforefaid thereof, fliall fuffer the Pains and to fuffer the Pains and Penalties which by Law are to be infiidted on any Perfon convicted of wilful Perjury. Penalties of wjifui Per- jury. XVIII. Provided alfo, and be it further ena6led by the Authority aforefaid. That if any Perfon PenonsconviaedofPer- vvho fliall take any Oath as by this Act is required to be taken, Ihall, upon any Inciclment for Per- i"'T> tofufterin like ury, be convicted by his, her or their own Confeflion, or by Verdict of twelve lawful Men; the^^^^"""' i^erfon fo convicted fhall fuffer the Pains and Forfeitures which by Law are to be inflicted on any Perfon conviited of wilful Perjury ; and fhall likewise be liable to be taken on any Procefs de novo^ and be liable to be taken and charged in Execution for the faid Debt, in the fame Manner as if he or fhe had not been dif- °" j^^^*^"/ ^^ '^^ r °„7^ charged, or not taken or charged in Execution before, and fhall never after have the Benefit of this tfon^forlhe Debt''-'^^" A(ft; any thing herein before contained to the contrary notwithftanding. ^^^ never have the Benefit of this Act. XIX. Provided likewife, and it is hereby further ena6ted. That if the Effe<5ts of any Prifoner or jf^j^g Pnfoner's Effects (Prifoners, which fhall be afligned and conveyed in purfuance of this Adt, (hall not extend to fatisfy ihall not fatisfy his Debt, (the whole Debt due to the Creditors as aforefaid of the Prifoner who (hall be fo difcharged, and the and Warden's Fees, &c. IIFees due to the Warden, Marfhal or Gaoler, from any fuch Prifoner; then fuch Warden, Marfhal Warden tor^-ceive only or Gaoler, fliall only receive a proportionable Dividend from fuch Prifoners Eftate, in reipedt of » porportionai Dividend fuch Fees, pro Rata with the other Creditors as aforefaid of fuch Prifoner or Prifoners. ^'^'^ the other Creditors.- XX. Provided further, and be it hereby alfo enaded. That the Prifoner or Prifoners who fhall P^^[^'°"^=J^'^'^^^^^^^^ i|be fo difcharged by virtue of this Adt, fhall never after be arrefted for the fame Debt or Debts ; nor ^^^ the'fanie Deb^t ■ fliall any A6tion of Debt be brought againft him, her or them, on any fuch Judgmejit, unlefs he, ^^j^j._, ^o^yicted of Per- ihe or they fhall, under this Adt, be convidted of wilful Perjury; but notwithftanding any Dif- jury. charge obtained by virtue of this Adt for the Perfon of any fuch Prifoner or Prifoners, the Judg- but the Judgment to re- ment obtained againft every fuch Prifoner or Prifoners fliall continue and remain in Force, and Ex- main in For'ce, and Exe- ecution may at any Time be taken out thereon againft the Lands, Tenements, Rents or Heredita- cut on maybe had ments. Goods or Chattels of any fuch Prifoner or Prifoners, other than and except the neceffary '^^'=''^'"^831"^ ii's Eftate Wearing Apparel and Bedding for him, her or thenifelves and Family, and the neceffary Tools for ^" '^'■"' the Ufe of his, her or their Trade or Occupation, not exceeding ten Pounds in Value in the whole, as if he, flie or they had never been before arrefted, taken in Execution, and rcleafed out of Prifon, by virtue of, or under this Adt. XXI. And be it further enadted by the Authority aforefaid. That any Affignee or Affignees to AOlgne-s may compound •whom, by virtue of this Adt, the Eftate or Eftedts of any Prifoner or Prifoners difcharged by this with the Creditors in luil Ad fhall be aiTign<'d, is and are hereby impowered to make Compofition with any Debtors or Ac- Difcharge of their Debcsj countants to fuch Prifoner or Prifoners where the fame fliall appear neceffary or reafonable, and to take fuch reafonable Part of any Debt due, as can, upon any fuch Compofition, be gotten, in full Difcharge of fuch Debt or Account ; and alfo to fubmit any Difference or Difpute concerning any and fubmit Difputes re- ' Part of any fuch Prifoner's Eftate of Effedts, or by Reafon or Means of any l']atter, C-4ufe or l^hing latmg t" t^«" Pn'^^ner's relating thereto, or to fuch Prifoner or Prifoners, or in refpedt of any Debt claimed to be due to ^^^^'^ ""'^ Debts, &c. fuch Prifoner or Prifoners, to the final End and Determinarion of Arbitrators to be chofen by the to Arbitration^ &c. faid AHignce or Aflignees, and the Party or Parties with whom any fuch DifFei^nce fliall be; and if fuch Arbitrators cannot agree in the fiime, then to fubmit the fame to the Determination of any Umpire to be chofen by them, or otherwife to fettle and agree the Matter in Difference or Difpute between them, in fuch Manner as fuch Affignee or Affignees fhall think fit, and can agree; and the the fame to be bind'ng ' fame fhall be binding, as well to all other of the faid Prifoner or Prifoners Creditors as aforefaid, *°^^^"^°^ ^"'^ ^"'°' who fhall have charged him, her or them, in Cuftody or Execution, as alfo to every fuch Prifoner "^"' and Prifoners ; and every fuch Affignee and Affignees is and are indemnified for what he or they Affignees indemnified 'IbeJl fairly, and v/ithout any fraudulent Defign, do in the Premiftes, according to the Diredtion of ^^^'■^'"' ■ 'this Adt. XXII. And, to the Intent the Eftate and Effedts of fuch Prifoner or Prifoners who fhall be dif- charged by virtue of this Act may be truly and fairly applied. Be it further enadted by the Autho- rity aforefaid, That it fliall be lawful for the refpedtive Courts at J</tjlminftei ^ from whence any Procefs On Complaint to Court iilued upon which any fuch Prifoner or Prifoners was or v/ere charged in Execution, and whofe of any infufficiency, Eftate and Effects in purfuance of this Adt fhall have been affigned as by this Adt is diredted, or where F'au''j Miimanagemenr, any fuch Prifoner fhall have been charged in Execution by Procefs iffued out of any other Court, it fhall "he^AiilnS '''"' be lawful for the Judges of the Courts oi King's Bench, Common Pkas and Exchequer, or any one of' ^ '^"'^'" ' them, from Time to Time, on the Petition of any Creditor of fuch Prifoner or Prifoners who had charged any fuch Prifoner in Execution, or of fuch Prifoner or Prifoners, to any fuch Court, or any Judge thereof, complaining of any Infuffici?ncy, Fraud, Mifmanagement or other Mifbehaviour of any fuch Affignee or Afiignees, to order the refpedtive Parties concerned to attend fuch Court or the Parties to b? ordered Judge on the Matter of every fuch Petition, at fonie certain Time in fuch Order to be mentioned; to attend thr Court and every fuch Court at Wefiminfier, and alfo every Judge thereof, on hearing the Parties concerned thereon; and tiie Court therein, is hereby authorized <o make fuch Order, and give fuch Diredtions in the PrcmilFes, either '" make fuch Order for the Rerncv:.! or difplacins. fucli Affignee or Affignees, and appointing any new or other Affignee Jl^,"^'"^^ ^'^*^ or Affignees in the Place or ocead of fuch Affignee or Affignees fo to be removed or difplaced, or for '"""^ •^^ the prudent, juft or equitable Management or Diftribution of the faid Eftate and Effedts, for the Benefit