Recognizances (Discharge) Act 1763

AN ACT for the more easy Discharge of Recognizances estreated into His Majesty's Court of Exchequer.

WHEREAS many recognizances have been estreated into his Majesty's Court of Exchequer against persons for not appearing as parties or witnesses in his Majesty's courts of record at Westminster, or at the assizes and general quarter sessions or other courts of record in that part of Great Britain called England, or for not prosecuting indictments there, or otherwise not performing the conditions in such recognizances contained many of which neglects of duty have happened by the inattention of ignorant people, some of whom are imprisoned, and a great number of others liable to be so, by the process constantly issued against them out of the court of Exchequer, and directed to the sheriffs, though no other prosecution be subsisting, but merely for such forfeitures of their recognizances, from which there are no easy means at present, for poor persons especially, to procure any discharge: For remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the fifth day of May one thousand seven hundred and sixty four, it shall be lawful for the barons of his Majesty's Court of Exchequer, upon affidavit and petition to be presented to them by or on behalf of the person or persons imprisoned, or liable to be imprisoned on the forfeiture of any such recognizances, to discharge such person or persons, by order from the said barons, without any quietus to be sued out for that purpose, for which order no more than one pound and one shilling shall be taken by the officer appointed to give out the same: Provided that no discharge shall be given on such petitions where any debt is due to the crown, other than by the recognizances so prayed to be discharged, nor in any cases of defrauding his Majesty's revenue by contraband trade, or assaulting his Majesty's officers of the customs or excise in the execution of their duty, or any person or persons lawfully assisting them therein.