Page:Ruffhead - The Statutes at Large - vol 8.djvu/590

 55^ C. 17. Anno primo Georgii III. A. D. 176a, receive any Benefit or Difcharge by or under this Aftj any Thing herein contained to the contrary thereof in any. ife notwi.hftanding. ' XXX Vl'f L And whereas there is but one Common or County Gaol for each of the refpe£kiye^ ' Divifions, all which have feveral CommiiTions of the Peace ; and if the Gaoler of thofe Gaols be '^ obliged to carry the Debtors, Prifoners therein, to the Quarter Seflion of each Riding or Divifion Jufticet for Com' York for two Or more Juftices of the Peace for each of the Ridings and Diviaons in their refpedive Coiui- and Lincoln, to meet at fies, at the Common or County Gaol thereof refpedively, or at fome convenient Place near thereto for'^Dirchar f of' Pr^'^ ^^'^ ^'^^Y ^^^ hereby reqtnred to aflemble and meet, and to hold Seflion there, by Adjournment froia foLrr!*^ ^^^° ' ^^"^"^ refpedive (garter Seflion, from Time to Time, for the Difcharge of the rcfped:iye Prifoners therein, according to the Powers, Limitations, and Directions of this A&.. Thofe who are Prironcrs XXXIX. And be it further enabled by the Authority aforefaid, That ail Debtors, and others, who D^ri^nd-^of 'he°G?okI '^^^^ in Pufon on or before the faid twenty-fifth Day oWSlaber one thoufand feven hundred and fixty, o/osVr°to bsdff-" "'' ^^ce, in any of the Gaols of this Kingdom, and now remain there for not paying their Fees, charged. ' ' " Rents, or any other Demands, due, or claimed as due, to the Keeper or Gaoler o( any Piifon refpecli.ely, or to any other Officer of any fuch Prifbn (and upon no other Account) fhall .be difcharged therefrom, he, fhe, or they taking the Oath by this A^ required to be taken by Pri- foners. Debtors totheCrown, XL. Provided always. That this A61 fhall not extend to difcharge any Perfon out of Prifon, feak- abovrioco? 'to°onr ^"S ^'s or her Difcharge under this Aft, with refpeft to any Debt with which he or Ihe fhall ftand PerroV°un°lers the^Cr^e- charged at the Suit of the Crown, or fhall be indebted to any Body Politick or Corporate, or to any ditors confent, are ex- One Perfon, in any Sum exceeding the Sum of one jhoufand Pounds, befides Interefl and Cofts, eluded the Benefit of this unlefs fuch Body Politick or Corporate, or Creditor, fhall confent thereto; and if ariy fuch Body ^^' Politick or Corporate, Creditor or Creditors, to whom a Sum exceeding one thoufand Pounds fliaU Creditor oppofing pri- be owing, fliall oppofc the Difcharge of fuch Prifoner, and fhall infift that fuch Prifoner be con- foner's Difcharge, to tinued in Gaol, that then, and in fuch Cafe, fuch Body Politick or Corporate, or Creditor or Cre- Week!'""^^' ^^' ^" tJifors, oppofing the faid Prifoner's Difcharge as aforefaid, fhall, at his, her, or their proper Cofts and Charges, allow and pay in the Whole fuch a weekly Maintenance to the faid Prifoner, not ex- ceeding three Shillings and fix Pence /^r Week, in fuch manner as the faid Juftices in their General On Nonpayment, Pri- or Quarter SefTion, or fome Adjournment thereof, fhall order; and upon Non-payment of the fame foner to be difcharged. for the Space of fix Weeks, the faid Prifoner, upon Application to the faid Juftices in their General or Quarter SeiHon held as aforefaid, fhall be difcharged purfuant to the Intent and Meaning of this Ail, Difcharges to be obtain- XLI. Provided alfo. That every Perfon and Perfons intitled, or to be intitled to the Benefit of «d by 31 March 1763. ^^^^ ^^^ fl^^U ^^tain their refpeaive Difcharges, on or before the thirty-firft Day of M:.rth one thoufand feven hundred and fixty-three, or fhall be excluded from all Benefit of thisAfit. , * XLII. And whereas it may happen that feveral Perfons who may claim and be intitled to the Perfons ffized of an Be it therefore enafted by the Authority aforefaid. That, in every fuch Cafe, fuch Perfon or Perfons EftateTail, claiming the fo feifed, as aforefaid, and who fhall be intitled to and claim the Benefit of this A(Sl:, fhall, to all Benefit of thisAa, are jj-.tgnts and Purpofes whatfoever, in Law, be deemed and taken, and is and are hereby declared, to ihe Creditors. ^ ^™'^ " ^^ feifed of fuch Lands, Tenements, and Hereditaments, in Fee, provided the fame fliall be delivered up to the Creditor or Creditors of every fuch Prifoner, in the fame Manner as if fuch Perfon or Per- fons had actually levied a Fine, fufFered a Common Recovery or Recoveries, or made a Surrender or Surrenders thereof, and thereby had become feifed in Fee; any Law, or Conftrudtion of Law, to the contrary thereof in any wife notwithftanding. ' XLIII. And whereas many Prifoners who may be intitled to and claim the Benefit of this A6l> AflBgnces may apply for by the Authority aforefaid. That it fhall and may be lav/ful to and for the refpeaive Aflignees of the fuithcr tximinatio/i of Eftatc and Eftedts of fuch Prifoner or Prifoners who fhall obtain his, her, or their Difcharge, in pur- Prifcncr, touching the fya^cc of this A6t, Or any other Perfon or Perfons duly authorized by them for that Purpofe, from p^^fcovcryof h.5tfrca5,yj^^ to Time, to apply to any two or more of the Juftices of the Peace for the County, Riding, Divifion, City, Town, Place, or Liberty, where fuch Prifoner or Prifoners fhall be then refiding, thereby deliring, that fuch Prifoner or Prifoners may be further cxa;TiinvU as to any Matters or 1 hii.gs relating
 * Counties of Tor A znA Lincoln^ which faid Counties are each of them divided into feveral Ridmgs or
 * the fame will be a very great Charge, not only to fuch Gaolers, but alfo to the Prifoners in thofe
 * large Counties ;' Ee it therefore enadtcd by the Authority aforefaid. That it fhall and may be lawful
 * Benefit of this Ail, are feifed of an EftateTail, in fome Freehold or Copyhold Lands, Tenements
 * or Hereditaments ; which Entail, with the Remaainders thereupon expedtant, they have, by Law>
 * Power to defeat and bar, either by levying a Fine or Fines, fuftering a Common Recovery or Com-
 * mon Recoveries, or by Surrender or Surrenders thereof, whereby fuch Perfon or Perfons faid p>ee-
 * hold or Copyhold Lands, Tenements, or Hereditaments, would be liable to the Payment of their
 * Debts, and be delivered up, according to the Terms of this Ait, for the Benefit of their Creditors j'
 * have been great Dealers, or otherwife engaged in large Tranfadtions, whereby they may be intitled
 * to fundry and great Debts and Demands of various and intricate Natures, and they may be iniitled
 * to Equities of Redemption of Eftates, fubjedt and liable to Mortgages, Judgments, or other Incum-
 * brances, or to Reverfions, Remainders, or other contingent Eftates in Lands, Tenements, orHere-
 * ditaments, or to other Trufts or Interefts in Eftates, both Real and Perfonal, which may not be
 * fufiicicntly defcribed or difcovered in the Schedule or Inventory before directed to be delivered in,
 * upon Oath, by the Prifoner to be difcharged as aforefaid, or which may want his Aid or AfTiftance
 * to adjuft, make out, recover, or manage, for the Benefit of theCredirors ;' Be it therefore enacted