Page:Ruffhead - The Statutes at Large - vol 8.djvu/585

 A. D. 1760. Anno primo Georgii III. C. 17. 551 him or them refpeftively, towards SatisfacStion of the Rent then due, not exceeding two Years Rent, as aforefaid, unlefs the Perfon or Perfons to whom fuch Affignment and Conveyance {hall be made unlefstheyfliall agree ta by fuch Clerk of the Peace, fhall, by Writing under his Hand, or their refpedive Hands, before '""^^^ '^" Landlord. fuch Affignment fhall be made, agree to pay or fatisfy to fuch Landlord or Landlords the Rent to him or them refpe(5tively due, not exceeding two Years Rent as aforefaid ; to the Intent that fuch Landlord or Landlords may be fatisfied the Rent or Rents to him or them refpecbively due, before any Divifion of the Eftate or Effects of fuch Prifoner or Prifoners fhall be made among his other Creditors, in like manner as he or they might be fatisfied the Rent to him or them refpedtively due, ,-< before the Removal of fuch Goods and Chattels, by virtue of an Execution, by Force of the Sta- tute made in the eiglith Year of her late Majefty's Reign, intituled. An A£l for the better Security ofAQ S Annas. Rentf, and to prevent Frauds committed by Tenants ; any thing herein before contained to the contrary thereof in any wife notwithftanding. XVIL Provided alfo, and be it enaded by the Authority aforefaid. That nothing in this Aa fhall fl^^'^'^^^^lll ^'^^f"' extend, or be conftrued to hinder or prevent, any Mortgage or Mortgages upon the Eftate of fuch jujg^"'„'t5_"3re to"take Pfifoner or Prifoners, or any Part thereof, to take place upon the Lands, Tenements or Heredita- p^ice, preferable to ments, comprifed in fuch Mortgage or Mortgages refpectively ; nor to prevent any Statute Staple, Claims of an mfcdor Statute Merchant, Recognizance, or Judgment, acknowledged by, or obtained againft, any fuch^^^""^*' Prifoner or Prifoners, to take place upon the Lands, Tenements, or real Eftate of fuch Prifoner or Prifoners^ and alfo where any Inquiiition (liall have been taken upon any fuch Statute or Recog- nizance, or any Writ of Execution fhall have been taken out and delivered to the Sheriff, or pro- per Officer, upon any fuch Judgment, before fuch Difcharge fhall be given in open Seffion to any iuch Perfon as aforefaid, theperfonal Eflate of every fuch Piifoner refpe£tively fhall be fubjedt there- to, in the firfl place, for fo much as fhall remain really due upon fuch Mortgage, Statute, Recog- nizance, or Judgment refpedfively, in like manner, as fuch Mortgagees and Creditors by Statute, Recognizance, or Judgment, would have been preferred to other Creditors of an inferior Nature, againfl the real or perfonal Eilatc of fuch Prifoner and Prifoners refpedlively, if this A£t had not been made ; any thing herein before contained to the contrary thereof in any wife notwithftanding. ' ' XVIIL And whereas many Perfons who may be intitled to, and claim the Benefit of, this A£t-, Cafe, all and every the Powers of leafmg fuch Lands, Tenements, and Hereditaments, which are leafing Lands, &c. to or fhall be vefled in any fuch Prifoner or Prifoners as aforefaid, fhall be, and are hereby vefled in vcft in theAflignees. the Affignee or Affignees of the real and perfonal Eftate of fuch Prifoner, by virtue of this A61, to be by fuch Affignee or Alfignees executed for the Benefit of all and every the Creditors of fuch Pri- foners, as aforefaid. ' is held in Fee for Life, or otherwife, by Perfons who never a6l as Gaolers or Keepers themfelves, or Cafe, the Perfon who fhall have been actually employed and afted as deputed Gaoler or Keeper of ?^'"'^ °'. ddivenng the any fuch Gaol or Prifon, at the Time of the delivering in the Lifts, hereby diredted to be delivered in, fviorn.°" ^ '^ of Prifoners in any fuch Gaol or Prifon, at any General or Qiiarter Seffion of the Peace, or fome Adjournment thereof, and not the principal Gaoler or Keeper (unlefs where fuch principal Gaoler or Keeper fhall ait as Gaoler or Keeper himfelf J fhall take the Oath herein before appointed to be taken by the Gaoler or Keeper of every fuch Gaol or Prifon. XX. And be it further enafted by the Authority aforefaid. That the Juflices at any General or Court, if required by a Qiiarter Seffion of the Peace, or Adjournment thereof, to which any Prifoner fhall be brought in Creditor, oppofing tiie purfuance of this Aft, fhall, if required by any Creditor or Creditors of any fuch Prifoner or Pn"f"ad^7njft-^'?*^7!r ' foners, who fhall oppofe his or her Difcharge, administer and give to the Gaoler, or the Perfon whOi°g^Oa[^trthrGao°«' a£ts as Gaoler or Keeper of any fuch Prifon, at the Time of bringing up any fuch Prifoner in or- der to be difcharged under this Aft, an Oath to the following EfFeft (that is to fay) ' X Prifon of to the beft of my Knowledge and Belief, at or upon and that ' the Copy or Copies of the Caufe or Caufes of his or her Commitment or Detainer, now by me ' Copy or Copies of the Caufe or Caufes of fuch Detainer or Commitment, without any Fraud or ' Deceit by me, or any other Perfon wh^tfoever, to the beft of my Knowledge and Belief. So help me G O D. And if any Perfon who was Gaoler or Keeper, or deputed Gaoler or Keeper, of any fuch Gaol or If fuch Perfon ftall not Prifon, on the faid twenty-fifth Day oiO^ober one thoufand feven hundred and fixty, or fnice, fhall l^ave been theCackr on not happen to be the Gaoler or Keeper, or deputed Gaoler or Keeper, of any fuch Gaol or Prifon, at^.' O"^ ':^°q^?" ^'^'^" the Time any fuch Lift as aforefaid is hereby required to be delivered in, then the Juftices at any fuch b/adminlflered to him!*' Seffion, or at any Adjournment thereof, may and are hereby required to adminifter and give the refpeftive Perfon or Perfons who fhall be Gaoler or Keeper, or dep-uted Gaoler or 'Keeper, of any fuch
 * are feifed and pofTefTed of Lands, Tenements, and Hereditaments, to hold to fuch Prifoners for the
 * Term of their natural Lives, with Power of granting Leafes and taking Fines, referving fmall Rents
 * on fuch Eflates, for one, two, or three Lives, in Pofleffion or Reverfion, or for fome Number of
 * Years determinable upon Lives j which faid Powers ought to be executed for the Benefit of the
 * Creditors of fuch Prifoners ;' Be it therefore enaded by the Authority aforefaid. That in every fuch Power In the Prifoner of
 * XIX. And whereas in fome Gaols or Prifons in this Kijigdom, the Office of Gaoler or Keeper
 * know any thing of the Prifoners therein, but depute or employ fome Perfon or Perfons under ihem
 * as Gaolers, or Keepers of fuch Gaols or Prifons j' Be it therefore ena<Sf:ed, That in every fuch The afting Gaoler attire
 * T J. B. dofwear, That was really and truly a Prifoner in my Cuflody, in the The Oath,
 * brought with the Body of the faid and produced to this Court, is or are a true