Page:Ruffhead - The Statutes at Large - vol 8.djvu/583

 A. D. 1760. Anno primo Georgii III. C. 17. 549 X. And be it further enacted. That the Juftlees within their rcfpedive JuriiUicStions, at any fuch Court, if reqnirfd fey • General or General Quarter Seffion, or Adjournment thereof, at the Requelt of any Creditor or Cre-the Creditor, may atiml- ditors of any fuch Piifoner, are hereby authorized to caufe the Deputy Warden and Marfhal of the"'^ ^" ^^^^ *° "'^ Fleet and King's Bench Priibr, and any other under Officer, Tipftalf, and Turnkey of any ^^^^^ pl°{^^' tmcWrng sns or Prifon, and any other Fcrfon, to come before th?m, and to examine them refpectively there on oF the'iviatters piefcri- Oath, touching any of the Matters contained in any of the Oaths prefcribed by this A£l to be taken, bed to be fwom to. and the Truth thereof ; and if tlie Oath which fhall have been taken in open Court by any fuch The Prifoner's Oath not Prifoner or Prifoners fliall not be difproved by good Teftimo ,y of any credible Perfon or Perfons beJngdiCproved, the on Oath, and fuch Jufticcs, or the major Part of them, prefeni: at any"^ fuch General or Quarter Sef-J^"'"' '^ '" dirchd:-ge fion, fliall be fatisfied with the Truth of the Oath taken by any fuch refpeftivc Prifoner, then fuch ''^^' Juftices fhall,- in fuch Seffion, or fome Adjournment thereof, command the faid Sheriff" or Sheriffs, Gaoler or Gaolers, or Keeper of fuch Prifon or Prifons, forthwith to fet at Liberty fuch Prifoner or Prifoners without having or taking any Fee or Reward, other than one Shilling for his or their Attten- i,pr>n paying a Fee of is. dance with fuch Prifoner or Prifoners at fuch Gejieral or Quarter Seffion, or any Adjournments there- to the Gaoler. of, in order for his, her, or their jOifcharge, and which every fuch Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of fuch Prifon or Prifons, is and are hereby authorized to receive and take for every fuch Order: And every fuch Order fhall be a fufficient Difcharge to the Sheriff or Gaoler indemnified for Sheriff's, Gaoler or Gaolers, or Keeper of fuch Piifon or Prifons, and {hall indemnify him or them '^^ E^"P«=' againft any Efcape or Efcapes, or Action or Aduons whatfoever for Efcapc, which fhall or may be brought, commenced, or profecuted againft him or them. XL And be it further ena<5fed by the Authority aforef lid, That all the Effate, Right, Title, Ih-Eftate and EfRas of th- terft and Truft, of fuch Prifoner, of, in, and unto, all the real Effate, as well Freehold and Copy as Cuf- Friioner, upon his Dif- tomaryhold, and to all the perfonal Effate, Debts, and Effects, of every fuch Prifoner, fliall, immediately ^"S^'^o ^^^in '^^^ after the Difcharge of any fuch Prifoner, be, and the fame is hereby, vefted in the Clerk of the Peace of and ,^ " ' " the Peace, for the County, sliding. City, Town '^Joi'porate, Divifion, Liberty, or Place, where any fuch Prifoner fliall be refpedlively difcharged ; and every fuch Clerk of the Peaje is hereby dire6led and r.^quired to make an Affignment and Conveyance of every luch Prifoner's Effates and Effects vefted in fuch Clerk of the Peace who Is to make over the as aforefaid, to fuch Creditor or Creditors of thf faid Prifoner as the Juftices at any General or General lame to the Affigntes Quarter Seffion of the Peace, or at any Adjournment thereof, which fhall be held by th m within their "^'^^'^ y "'^ Court, refpe6live Jurifdi(Slions, fhall order or diredl (which Affignment and Conveyance fhall be good and. effectual in Law to all Intents and Purpofes whatfoever, without being wrote on Parchment or Paper flamp'd) and to veft the Eftates thereby affigned and conveyed, in the Party, or Parties to whom the fame fhall be fo affigiied and conveyed, his, her, and their Heirs,. Executors, Adminiftrators, and Af- figns, according the Eftate and Intereft the Prifoner had therein ; and for the preparing, ingroffing and for which he Ts to be paid executing of which Affignment and Conveyance, no Clerk of the Peace fhall take any greater Fee than^^* and no more. two Shillings ; and every fuch Affignment and Conveyance fhall be in truft for the Benefit of the Cre- ditor or Creditors of every fuch Prifoner to whom the fame fhall be made, and the reft of the Credi- tors of fuch Prifoner, in refpeif or in proportion to their refpedf ive Debts : And every Perfon and Per- Afllgneesiinpowered to fons to whom any fuch Affignment and Conveyance as aforefaid fhall be made, is and are hereby fully ' impowered to fue, from Time to Time, as there may be Occafion, in his, her, or their own Name or N.mes, for the Recovery and attaining any Eftate or Effects of any luch Prifoner, and alfo to^"^ """^^ ^">' T"'*^"^ execute any Truft or Power vefted in, or created for, the Ufe or Benefit of any fuch Prifoner; but g^J^'^Yf'" ^^^ ^"^"""'s in Truft, for the Benefit of him or themfelves, and the reft of the Creditors of every fuch Prifoner; ^,^. ' ^.^, and to give Difcharge and Difcharges to any Debtor or Debtors to any fuch Prifoner, as fliall be re-!f ^'^^ "^ ^^^^' . quifite : And every fuch Affignee and Affignees fhall, with all convenient Speed after his or their ac- A, c^!'/ Wvo"! a '. r { n- r^ ri--ii-inT--i ' • i .3'' J>P'ed, the hitate and ceptmg any fuch Affignment or Conveyance, ule nis and their belt Endeavours to receive and get in Effeasof the Prifoner, the Eftate and Eftedts of every fuch Prifoner; and fhall, with all convenient Spe^d, make Sale orjpj n^gj^^ g^j^ ^ithi'n Difpofition of Sale, of all the Eftates of fuch Prifoner vefted in fuch Affignee or Affignees ; and if two Months, of Pnfo- any fuch Prifoner fliall be interefted in, or intitled to, any real Eftate, either in Poffeffion, Rever- net's real Eftate, in man- fion, or Expedtancy, the fame, within the Space of two Months after every fuch Affignment and P!'' ^^leed upon at a Conveyance, fliall be fold by public Audlion in fuch manner, and at fuch Place, as the major Part torTfummlned f jfthat of the Creditors of any fuch Prifoner who fhall afiemble together on any Nodce in Writing publifhed Purpofe ^ in the London Gazette^ or in fome Daily Paper, if the Prifoner before his going to Gaol refided in London^ or in the Weekly Bills of Mortality, and if elfewhere, then in fome Nev/s Paper which fhall be publifhed in or near the County, Riding, Divifion, City, Tov/n, Liberty, or Place, in which fuch Prifoner dwelt before he or fhe was committed to Gaol, thirty Days before any fuch Sale ftiall be made, fliall, under his Hand, or their Hands, agree on : And every fuch Affignee and Af- ^"'^ "^^^ ^ Dividend fignees, at the End of three Months at fartheft from the Time of his accepting any fuch Affignment or"^' three Months,- ■ Conveyance as aforefaid, fhall make a juft and fair Dividend of all fuch Prifoner's Eftates and Effeds. which fhall have been then got amongft his or her Creditors, in proportion and in regard to each Credi-' tor's refpective Debts; but before any fuch Dividend fhall be made, fuch Affignee or Affignees fh^^llfirft making up their Ac. make up an Account of fuch Prifoner's Eftate, and make Oath in Writing before one or mor^ Juf- counts, and verifying th< tice or Juftices of the Peace of the County, Riding, Divifion, Town, Liberty, or Place, in which ^^'"^"P"" *-^'"''* any fuch Prifoner (hall have been difcharged, that every fuch Account contains a juft and fair Ac- count of the Eftate and EfFedts of every fuch Prifoner got in by or for fuch Affignee or Affignees^ and of all Payments made in refpeit thereof, and that all Payments in every fuch Account charged, ., were truly and bona fide made and paid; and Notice of the making of every fuch Dividend ftall i^Days Notice tote piv- be publifhed in like manner as. a Meeting of Creditors is herein before dire6t,ed to be publifhed, thirty ^^ of making any Dxvi- Days at leaft before the farue ihall be made ; And tio Creditor fhall be ajlowed to receive any Share of '^" '* ' • / ., .and none to receive. aay, tna