Page:Ruffhead - The Statutes at Large - vol 8.djvu/588

 554 ^- ^7* Anno primo Georgii III. A. D. 1760. forfeits zol. tc the Pri- fhall, for every fuch Offence, forfeit and pay to every fuch Prifoner the Sum of twenty Pounds, as ibnsr. the Juftices of the Peace, at any fuch General or Quarter Seflion of the Peace, or Adjournment thereof, fhall order; and who are hereby im powered to caufe the fame to be levied by Diftrcfs and Sale of the Goods of any fuch Clerk of the Peace, or his Deputy, fo offending. Ptlfoner convifted cf XXVI. And be it further cna6ted by the Authority aforefaid, That if any Prifoner as aforefaid. Perjury to fuffer as a q^ any Other Pcrfon or Perfons, who fhall take the Benefit of this Ad, fhall forfwear or perjure him- thereof, he, fhe, or they fo offending fhall be adjudged a Felon, and fuiter as fuch, without Benefit of Clergy. Perfons difcharged by XXV 11. And be it further ena6ted by the Authority aforefaid. That no Perfon to be difcharo-ed by this Aa, not liable to ji^jg A61 fhall, at any Time hereafter, be imprifoned by reafon of any Judgment or Decree olnained ^nuafled^fcr'eT--' ^^^ Payment of Money only, or for any Debt, Damages, Contempts, Cofts, Sum or Sums of Mo- 0^.'%6o. ^ ^'^Y contrafted, incurred, occafioned, owing, or growing due before the faid twency-fifth Day of Oiioler one thoufand feven hundred and fixty ; but that upon every Arrefl upon every Judgment or fuch Decree, or for fuch Debts, Damages, Contempts, Coils, Sum and Sums of Money, it fhall and may be lawful for any Judge of the Court where the Procefs ilTued, upon fhewing the Copy of the -Order of fuch Piifoner's Difcharge or Difcharges, to releafe and discharge out of Cuflody fuch Pri- foner or Prifoners as aforefaid ; and every fuch Judge is hereby impowered fo to do on fuch Prifoners caufir.g aCommon Appearance to be entered for him in every fuch Adlion and Suit. Jaftices, Sheriffs and ' XXVlII. And be it further enafted by the Authority aforefaid. That if any Action ofEfcape, or any Aft'tTanTAfli'^ot '' ^uit or Adion, be brought againflany JufHce or Juftices of the Peace, Sheriff, Gaoler, or Keeper of Efcape, or Suit brought" any Prlfon, for performing their Office, in purfuance of thisAcSf, they may plead the General Iflue, againii thetn, and give this AiSt in Evidence ; and if the Plaintiff be nonfuited, or difcontinue his A6tion, orVcr- and recover treble Cofts. ^Q_ pj^fj ngiiinft him, or Judgment upon Demurrer, the Defendant fliall have treble Cofls. perfons difcharged may XXIX. "And be it further enaded by the Authority aforefaid, That if any ^aVi^jf^Jc/ f, orAdion P|"f ^F"""""^"v f '^^ *° of Debt, or upon Judgment, fliall be brought againfl any Prifoner, his Heirs, Executors, or Admi- all Adtlo,^sor [udcments -n ' i i .. u.. • J • rf r Ju U • c c n brought againft them nmrators, upon any Judgment obtamed agamlt any luch i^rifoner, or on any Statute or Recogni- bcfor^e z^oa. 176c," zance acknov/Iedged by him or her, before the faid tv/enty-fifth Day of O^ober one thoufand {^vQiy &c. hundred and fixty, with refpe<5l to Prifoners in aftual Cullody, or with refpecl: to Debtors beyond the Seas, as aforefaid, upon the faid twenty-fifth Day of OSlober one thoufand feven hundred and fixty, it fhall be lawful for any fuch Prifoner, his Heirs, Executors, or Adminili^rators, to plev.d gene- rally, that fuch Prifoner was actually a Prifoner in fuch Prifon at frch a Perfon's Suit, or was or were beyond the Seas in foreign Parts on the faid twenty-fifth T)2cs[ oiOflohcr one thoufand feven hun- dred and fixty, and was or were duly difcharged according to this Aft at the General or Quarter Seffion, or Adjournment thereof, held at fuch 'Time and Place for fuch County, Riding, Divifion, Liberty, City, Town or Place, (as his, her, or their Cafe is) without pleading any Matter fpecially; and in other Suits, may and in cafe any Other Suit or A6tion fhall be commienced againfl: him, her,^orthem for any other fneVFerfons'froSExe- ■^'^^^' ^'''" °^" ^""^^ of Money, due before the faid twenty -fifth Day of Oaoher one thoufand {&itn. cution."""^ """ ^^' hundred and fixty, to plead in Difcharge of his or her Perfon from Execution (over and above fuch Matters as aforefaid) that fuch Debt or Sum of Money (as the Cafe fhall happen) was contraded or due before the fai;! twenty-fifth Day o^OSiober one thouland feven hundred and fixty, without plead- PlaintiPf" may reply ge- jj-jg ^^y other Matter fpeciallv J whereto the Plaintiffs fhall or may reply generally,, and deny the licraily, &c. Matters pleaded as aforefaid, or reply any other Matter or Thing which may fhew the faid De- fendant not to be intitled to the Benefit of this A6f, or not duly difcharged according to it, in the fame Manner as the Plaintiff might have replied, in cafe the Defendant had pleaded this A(5t, and his ^a-' tfeb"le Coftf * " ^^ Difcharge by virtue of this Ad, fpecially ; and if the Plaintiff be nonfuited, difcontinue his Adion, ^^^ ' e o • or Verdift pafs againft him, or Judgment on Demurrer, the Defendant to have treble Cofts. Bankrupts not obtainins XXX. Provided always, and be it enadfed by the Autl'ority aforefaid. That no Peifon againft tr.eif Certificates in due ^r],orn a Commiffion of Bankrupt hath been awarded and iffued out, and who hath not already ob- p T^fi'.*!!!- fi L aa""' ^ tained his Certificate and Difcharge of his Debts, in purfuance of and in fuch manner as is directed iicntnt or this Act, ^iao^t-»i- • r • •t>i /-ii. by fome or one of the Acts of Parliament now in force relating to or concerning bankrupts, or fhall not obtain fuch Certificate and Difcharge before fuch Time as he fhall be brought before the Juftices of the Peace at their General or Quarter Sefllon, or fome Adjournment thereof, held as aforefaid, in order to be difcharged in purfuance of this Acl, fhall have or receive any Benefit or Advantage of or under this Act, nor be deemed to be within the Meaning thereof. A'lornies 'mhezzling, XXXI. Provided alfo. That nothing in this Act contained fhall extend, or be conftrucd to extend, Ac- chf ntYVoney or ^^ releafe or difcharge any Attorney at Law, or Solicitor, or any other Perfon or Perfons afting, or Bentfi't'orthis Aft! *'' pretending to aci, as fuch, with regard to any Debt with which he or they fhall ftand charged, for any Money, or other Effefts, recovered and received by him or them, for the Ufe of any Perfon or Perfons, Bodies Corporate or Politick, and by any Attorney, Solicitor, or other Perfon or Perfons acting as fuch, embezzled, concealed, or converted to his or their own U(e ; any Thing herein con- tained to the contrary thereof in any wife notwithftanding. naolcr to permit the Y^Y^Y.W. And be it further enaited by the Authoiity aforefaid, That every Gaoler or Keeper of fjifikjn", in pnvate to gj^y Pj-jfon fhall and is hereby required to fuffer, in the Day-time, any Ptrfou or Perfons dcfiring the Pr^ifoners,^ w^hofc^Names ^^^^^^ ^^ ^^^ ^^^A fpcak, in the Lodge, or fome convenient Room of the faid Prifon, with any Prifoner or wr'Garme &c. ' Prlfoncrs, whofe Names are inferted in the afore-meniioncd Lift or Lifts, qx London Gazette^ or other and the examining the News Paper, or any of them, or any Perfons furrendi-ring themfclves purfuant tothisAdt; and alfo origin?.! Books of £n- fee, in the true ajid genuine Books of the faid Prifon, the Entries mads of the Name or Names of iritt, iw. fm;4]^
 * ^*^°^' felf, hcrfelf, or themfclves, in any Oath to be tsken under this A<St, and fhall be lawfully convided