Page:Ruffhead - The Statutes at Large - vol 8.djvu/591

 A. D. 176a. Anno pnmo Georgii III. C. 17. 557 relating to his, her, or their Eftatc or EfFe£ls ; whereupon fuch Juftices fhall fend for, or call before and Juftices may fend them, fuch Prifoner or Prifoners by fuch Warrant, Summons, Ways or Means, as they fhall think Toi- ajid examine the Pri- fit i and, upon fuch Prifoner's appearing, fhall examine him, her, or them, as well upon Oath as fonc"- accordingly, otherwife, as to fuch Matters and Things as fuch AfTignee fliall defire, relating to the Eflate or EfFe6ts of fuch Prifoner or Prifoners j and if any Prifoner or Prifoners (on Payment or Tender of Payment Prifoner refufmgto ap- of fuch reafonable Charges as fuch Juftices fhall judge fufficient) fliall negleit or refufe to come and pear. ortoanfwer upon appear, not having a lawful Excufe, to be made known to fuch Juftices, and by them allowed, or, ^^'''» "^^y ^^ ccmmrt- being come before them, fhall refufe to be fworn, or to anfwer to all fuch Queftions as by fuch Juf- ^ " tices fhall be put to him, her, or them, relating to theDifcovery of hisi, her, or their Eflate or Ef- fects fo vefted, or intended to be vefted, in fuch Clerk of the Peace, or in fuch Alfignees, as afore- faid ; that then it fliall and may be lawful to and for fuch Juftices, by Warrant under their Hands and Seals, to apprehend fuch Prifoner or Prifoners fo offending as aforefaid, and him, her, or them to commit to the County Gaol, there to remain v/ithout Bail or Mainprize, until fuch Time as he, fhe, or they fhall fubmit him, her, or themfelves to fuch Juftices, and anfwer upon Oath to all fuch law- ful Queftions a^ fhall by fuch Juftices be put to him, her, or them, for the Purpofes aforefaid. XLIV. And be it further enacted by the Authority aforefaid. That all and every fuch Perfon and 20 1. per Cent, aHow='c(i- Perfons who fhall, within twelve Months after the Difcharge of fuch Prifoner or Prifoners, volunta-y "" difcovering, within jily come in and make a Difcovery of any Part of fuch Debtor or Debtors Real or Perfonal Eftate as l^eTn£^A%a"e fot ihall not be comprized in fuch Schedule as aforefaid, before any fuch Juftices aforefaid, fhall be returned in the Sche- allowed after the Rate of twenty Pounds per Centum, out of the net Produce of fuch Debtor or dule. Debtors Eftate, which will be recovered on fuch Difcovery, and which fhall be paid fuch Perfon or Perfons fo difcovering the fame, by the Affignee or Affignees of fuch Prifoner's Eftate and Effefts. XLV. Provided always, and be it enacted. That notwithftanding the Difcharge ofany Prifoner or Pri- Difcharge obtained frau* .foners by virtue of this Ad, if it fhall hereafter appear the fame was obtained fraudulently, or that '^"'e"^^y» »"d. any Part of the Oath taken by any fuch Prifoner was not truej then, and in every fuch Cafe, every fuch Difcharge fhall be void and of none Effedt. ' tinue in Prifon, and fpend their Subftance there, than difcover and deliver up to their Creditors ' their Eftates or EffecSls towards fatisfying their juft Debts ;' Be it therefore enadled. That it fhall and may be lawful to or for any Creditor or Creditors ofany Prifoner committed, or who fhall here- Creditor may compsl any after be committed, and charged in Execution in any Gaol or Prifon, upon twenty Days Notice in P"f°""' '^'^"?'^'* '"2^«" Writing for that Purpofe to be given to fuch Prifoner who now is charged in Execution, or wh, at Quarter Sem<fn "with the at any Time after the paffing of this Adf, fhall be charged in Execution, and alfo to the Gaoler or copy of hi? Detainer, "Keeper of the Prifon in whofe Cuftody fuch Prifoner is, to require the Sheriff or Sheriffs, Gaoler or and deliver in a Scheduls Gaolers, or Keeper of the Prifon wherein any fuch Prifoner is or fhall be detained, to bring any fuch °^ '^'"^ Eftate. Prifoner before the Juftices at their next General or Qiiarter Seffion of the Peace, or any Adjourn- Repealed ky^zG to. ycz^ ment thereof, for the refpedlive County, Riding, Divifion, City, Town, or Liberty, in the Gaol or Prifon of which any fuch Prifoner fhall be detained, after any fuch Notice fhall be given, together with a Copy or Copies of the Caufe or Caufes of his or her Detainer ; and fuch Prifoner coming before fuch J uftices at their faid General or Qiiarter Seffion held as aforefaid, fhall, at the Deftre of any Creditor or Creditors at whofe Suit he or fhe fhall be detained, be obliged to take and fubfcribe the Oath herein after directed to be taken, and alio to deliver in and fubfcribe a Schedule of his or her Eftates and Effects, in like manner as Perfons defiring to take the Benefit of this A£f are required to. do; and every fuch Prifoner, upon taking the Oath herein after direfted, and fubfcribing fuch Sche- P"'*''"" futfcnl^ing t?is tiule as aforefaid, and difcovering his or her Eftates to the Satisfadion of the faid Juftices in their faid, j;'J"f;,y'„";j,7^^^^^ General or Qiiarter Seffion held as aforefaid, or the major Part of them, fhall be difcharged and fet is to be difcharged. ' at Liberty, in the fame Manner, and with the fame Benefit of making ufe of their Difcharge, as is "hereby provided for Prifoners who fliall be difcharged under this A61: ; and if any fuch Prifoners, who fhall befo bro'ight up as aforefaid, and be required to deliver up his or her Eftates or Effe6b as afore- faid, fhall neglect or refufe fo to do, and to deliver in and fubfcribe fuch Schedule within forty Days °" WsRefufal fo to do, after he or fhe fhall be fo brought up, or fhall wilfully conceal any of his or her Eftate or Effects, to S:m'oTn"of"lor &c^ fhe Amount of twenty Pounds or upwards, or any Books, Papers, or Writings thereto belonging, ' '^' with Intent to defraud his or her Creditors, and being thereof lawfully convifted by Judgment or he is to fuffer as a Felon, Information, fhall be deemed and i-djudged to be guilty of Felony, and fhall fuffer Deacifi as a Felon, vithout Benefit of Clergy ; and in any fuch Cafe fuch Felon's Goods and Efxate fhall go and be divided amongft his or her Creditors in proportion to each one's refpccSlive Debt. XLVIL Provided always, and be it further ena<£l:ed. That the Creditor or Creditors who fhall defign Where Prifoner ?s to bs- to compel any fuch Prifoner to deliver in any fuch Schedule of their Eftate andEffe6ls, and furrender ^"'"P^'Jed, Notice is to vp the fame,^ fhall gi. e publick Nouce of fuch his or her Intention in the London Gazette, if the Pri^ &c.^X oth« Sditorr foner is in Cuftody in any Gaol in London, or within the Weekly Bills of Mortality ; and if not, then may come in. alfo in fome News Paper which fhall be publifhed in or near the County, Riding, Divifion, City, Town, Liberty, or Pla- e where the Gaol is in which any fuch Perfon fhall be a Prifoner, twenty Days at leaft before any fuch General or Qiiarter SeiHon fhall be fo held as aforefaid, to the end the oth.r Creditors of every fuch Prifoner may be apprized thereof, and come in for their refpe6tive diftribt tive Shares of the Eftat^; and Effe6ts of every fuel. Perfon ; and which Eftate and Effeilis fhall After Afllgnees ftall be he difpofed of rvithall convenient S.pe^d, after any Perfon or Perfons fhali be chofe AfTignee or Af- ^^2.^^^' t«e Eftate and figneescf the Eftate and Efte6ts«f any fuch Prifoner, by fuch -Affignee or Affignees j and the rezt l^^llX'^^^^^^' — Produce thereof fhall be equally diftributed between and amongft all the jufl Creditors of any fuch speed, a^ Diflribution Prifoner,
 * XLVI. And whereas many Perfons who are Prifoners for Debt, too often chufe rather to con-