Page:Ruffhead - The Statutes at Large - vol 8.djvu/592

 55^ C. 17. Anno primo Georgii III, A. D. 1760. j:j^j.j ii.iwi.er, in proportion to their refpecftive Deb^^s, who {hall afcertain the fame, on Oath, in lik« r as Cixditois of Perfons feckirg their Difcharge under this Aft are required and diredcd by this ■ c .« made among the Cre- Prlfoner manner asCrcditors of Ferfons feckirg their Difcharge under this At are required and diredlcd by Difputes touching any j^i jq (]„ . And if any Difputc fhall anfc touching the Reality or Fuirncfs of any fuch Debt, the by the Court •'"'"' ^'^^^^ ^"l' ^^ determined by the Juflices at the next General or Qiiarter Seffion which fliall be held ' for the County, Riding, Divifion, City, Town, Liberty, or Pl:;ce, wherein the Gaol or Prifon in which ajy fuch Prifoner was in Cuftcdy, when required to furrender up his Eftates and Effeds in be^aS"er^o°he"H- P^ffuance of this Ad, is ; and if, ^fter paying all the Debts of any fuch Prifoner, and all neceffaiy foner! ^'" ° '^ "" Charges, any Overplus fhall remain from his Eftates or Effeds, the fame fhall be paid to fuch Pri- foner, bis Executors, or Adminiftrators. XLVIII. And be it further enabled, That every Prifoner who fhall be required to deliver up his Ellate and Eficdts as aforefaid, fhall, at the General or Qiiarter SeiTion at v. hich he or fbe fhall I e required to appear as aforefaid, take an Oath to the Effeft following; that is to fay. Oath to be made by Pii- * "T ^, B. upon my corporal Oath, in the Prcfence of Almighty God, do folemnly fwear, protef^, iirurhis^Eft-'-cV'?''' ^ ^"^ declare. That the Schedule now delivered in, and by nie fubfcribed, doth contain, to th- Effc^s- '^ ^^^^^ ' ^^^ °^ "^y Knowledge, Remembrance, and Belief, a full, jult, true, and perfeft Account and Dtl- ' * covery of all my RealEftate, either in PoileiTion, Reverfion, Remainder or Expeftancy, and of all the Goods, Chattels, and Peifonal Eflate, which 1, or any in Trufl for me, or for my Benefit or Advantage, now have, or am intitled to; and of all Debts as are to me owing, or to any Perfcn or Perfons in Truft for me; and of all Securities and Contracts whereby any Money now is, or will or may hereafter become payable to, or any Benefit or Advantage may accrue to me, or to my Ufe, or to any Perfon or Perfons in Truft forme; and the Names and Places of Abode of the feveral Perfons from whom fuch Debts arc due and owing ; and of the WitnefTcs that can pro e fuch Debts orContrafts; and alfo a true Account of all Books, Papers, Decrees, "Writings, and ' Schedule contained ; except the Wearing Apparel, Bedding for myfelf and Family, Working Tools, '' and neceffary Implements for my Occupation and Calling, and thefe in the Whole not exceeding the ' fened, or otherwife conveyed, difpofed of in Truft, or concealed, all or any Part of my Melfuagcs, ' Lands, Aloney, Goods, Chattels, Stock, Debts, Securities, Contrails, or fftates, Real or Perfonal,. ' or any Books, Papers, or Writings concerning the fame, whereby to fccure the fame, or to receive or ' expect any Profit or Advantage to m^'^felf or my Family, or with any View or Defign to defraud or ■' in any wife howfoever. So help rue GOD.' he h liable alfo to un- XLIX. And be it further cnaded by the Authority aforefiid. That everv fuch Prifoner fliall be tSergo further Examira-, ■. ■, „^. „^. , - , im t- "^ ■ • i a 'i- • /- i a r.- rion tor Diicovcry of hisOt»^^g^d, trom 1 mie to lime, to undergo the likeExammation on tlie Apphcation of the Afiignee EfT^ifs on the Ap.lica-- or Affignees of his or her Eftate or EfFedls, as Prifcners, fccking and obtaining their Difcharge under tion of '.he Afiignecs, this prcfent Ait, are required to undergo; and fhall be fubjc^Sl to the like Commitment for refuhng and on Rtfufai may be to appear and anfv/er, upon Oath, any lawful Queftions, before any Juftice of the Peace, for the committed. Difcovery of his or her Eftate and Effects, in like manner as may be done, by virtue of this Ai^t, in the Cafe of other Prifoners. L. And, for the better Difcovery of the Eftate and Effefls of any Prifoner who fl"i:^ll be difcharged ?/ii'"or*^Scai'?f^"fe ^y ^''"'^"^ of this A<St, Be it ena6ted by the Authority aforcfud. That any Perfon or Perfons who f]:.all pliftr.n' fcrfeit' I oo h'^ r^v& acccptcd of any Truft or Trufts, and fhall v/ilfuUy conceal or protc6f any Eftate, Real or Pcr- and ciotible Value, M*th fonal, of any-fuch Prifoner from his Creditors, and ihall not, within thirty Days after any' Allignee treoie Cofts,ofi.ui:. _or Aflignces fhall, in purfuance of this Act, be chofc of any fuch Prifoncr's Eftate, difcover and dif- r clofe to fuch Affignee or Aflignees fuch Truft and Eftate in Writing, and deliver up or m.ike over the fame to fuch Afngnee or Aifignees, he, ftie, or they, fo offending, fliall, for every fu«. h Offence, .forfeit the Sum of one hundred Pounds, and alfo double the Value of the Eftate, either Real or Per- fonal, fo concealed, to and for the Ufe of the Creditors of any fuch Prifoner; to be recovered by Action of Debt, in any of his Majefty's Courts of Record at Wejlininflcr^ in tlie Name or Names of the AfTignee or Aff.gnees of fuch Prifoner's Eftate, together v/ith treble C'ofts of Suit. A/ngnej, with Confent LL And be it further enacted by the Authority aforefaid. That it ftiall be lawful at all Times hcre- S?heCrlMtorV"ma '•^'^^^'^ ^"'" ^V Aflignee or AfTignecs of the Eftate or Efteds of any Piifoner or Prifoners, who fliall be compound for ^Debts'due chofe in purfuancc of this A6t, by and with the Confent of the major Part in Value of fuch Prifoner to die Piifoner'j Eftate; or Prifoners Creditors, who fliall be prefent at a Meeting to be had on twenty-one Days publick Notice being previoufly given for the Purpofe hereafter mentioned in the London Cdzeiie^ if the Pri- foner was in Cuftody in London^ or within the Weekly Bills of Mortality, and if not, then alfo in fome News Paper which fliall be publiflied in the County, City, or Place, in or near which any f ich Perfon fliall have been in Gaol, to make Compofition with any Perfon or Perfons, Debtors or Ac- countants to fuch Prifoner or Prifoners, where the fame fhall appear neceffary or reafonablc ; and to . . ,' take fuch reafonable Part of any fuch Debt as can, upon fuch Compofition, begotten, in full Dif- .ir.lni. r.hoijt any Dlf- charge of fuch Debts and Accounts ; and alfo to fubmit any Difference or Di(pute between fuch y i iutico KQ Affigncc or Affignees, and any Perfon or Perfons, for or on account, or by reafon or means of any Tn*; icr, Caufe, or Thing relating to fuch Prifmcr or Prifoners Eiiate or Effects, or to any Debt or iJ.Lii (lie, or claimed to be due, to or from fuch Piifoner or Pi ifoiicrs, to the final End and Detcr- miiution 2
 * Evidences relating thereto, in my Cuftody or Power; and that neither I, nor any Perfon or Per-
 * fons in Truft for me, have, to my Knowledge and Belief, any Lands, Money, Stock, or other
 * Eftate, RealorPerfonal, in Poffeffion, Reverfion, or Remainder, other than what is or are in the f id
 * Value of ten Pounds ; and that 1 have not, nor any Body for me hath, dire6fly or indirecftly, fold, lef-
 * deceive any Creditor or Creditors, to whom lam indebted, or was indebted when committed to Gaol,