Page:Ruffhead - The Statutes at Large - vol 8.djvu/411

A, D. 1758. Anno tricefimo fecundo Georgii II. C. 28* 377 Authority aforefaid. That from and after the fifteenth Day ofjuite one thoufand feven hundred and Debtor chaieed in Exe- fifty-iiine, if any Perfon or Perfons fhall be charged in Execution for any Sum or Sums of Money cution for any Sum or no t exceeding in the Whole the Sum of one hundred Pounds, or on which Execution or Executions ^ums not exccdms loo I. there fhall at any Time remain due, as (hall be made appear by Oath, a Sum or Sums of Money "* not amounting to above the faid Sum of one hundred Pounds, and ftiall be minded to deliver up to his, her or their Creditor or Creditors who (halJ fo charge him, h.'r or them in Execution, all hii, her or their Eftate and Effeds, for or towards the Satibfadion of the Debt or Debts wherewith he, . ; fhe or they fball fo fland charged ; it fliall and may be lawful to and for any fuch Prifoner, before S,7court, the End of the firft Term which fhall be next after any fuch Prifoncr {hall 'be charged in Execution by his Creditor or Creditors, to exhibit a Petition to any Co'irt of Law, from whence the Procefs illUed upon which any fuch Prifoner was or were taken and charged in Execution as aforefaid, or to the Court into which any fuch Piifoner fhall be removed by Habeas Corpus^ or fliall be charged in Cuftody, and fl:iall remain in the Prifon thereof, certifying the Caufe or Caufes of his, her or "ftifying therem the their Imprifonment ; and not only fetting forth in every fuch Petition a juft and true Accomit of all ^^^^^^ *>* ^'^ Impraon- the Real and Perfonal Eftate which he, fhe or they fo petitioning, or any Perfon or Perfons in Truft ^j^j, ^ Schedule of liis for him, her or them, i3_, was, or were intitied to at the Time of his, her or their fo petitioning, Real and Perfonal Eftate and of all Incumbrances and Charges (if anv there be) afre£ling any fuch Real or Peribnal Eftate at the Time, of the Perfon or Perfons fo petitioning, but alfo a juft and true Account of all the Real and Per- and Charges afteaing the fonal Eftate which any fuch Priibner or Piifoners, or any Peifon or Perfons in Truft for him, her ,*„T',/v, ,. „Q,„„^f , • 1 r 1 • 1 1 • -rtr • ,1 1 • • • 1 1 1 T^- £- L • ^""^ ^"'^ thebtateot I113 or them, or tor his, her or their Ule, was or were interefted in, or intiticd to, at the 1 ime or nis, Eff^^sat the Tin-iC .:f her or their firfl Imprifonment, in the A6lion in which fuch Perfon is charged Ln Execution, either his firft Imprifonment, in Pofleflion, Reverfion, Remainder, or Expeiftancy, to the beft of the Belief of every fuch Prifoner or Prifoners, and fo far as his, her or their refpe£live Knowledge extends concerning the fame ; and and the Securities, Bondf, likewiie a juft and true Account of all Securities wherein any Part of the Eftates of any fuch Pri- J^'ot", and Books, re- foner or Prifoners conlifts, and of all the Deeds, Evidences, Writings, Books, Bonds, Notes, and ^.-IhVhe^Names and Papers, concerning the lame or relating thereto ; and the Names and Plactrs of Abode of the Wit- places of Abode of the nelles to all Securities, Bonds, or Notts, and where they are to be refpefiively met with, fo far as WimeiTes. his, her or their Knowledge extends concerning the fame : And before any fuch Petition from any 14 Days previous Notice fuch Prifoner or Prifoners iiiall be received by any fuch Court, every fuch Prifoner or Prifoners fhall o^^uch intended Petiti.u, give or leave, or caufe to be given or left, unto and for all and every the Creditor or Creditors ^t ^^^^^^^'J^j"^"^^^^ Z'^^*' whofe Suit any fuch Prifoner or Prifoners fhall fbnd charged in Execution as aforefaid, or his, her whofe-Suit he is chari,a4 or their Executors or Adminiftrators, and at his, her or their ufual Place of Abode, or to or for his, in Execution j her or their Attorney or Agent laft employed in any fuch Adion, Suit, Caufe or Caufes, in cafe any fuch Creditor or Creditors, his, her or their Executors or Adminiftrators, cannot be met with, but not otherwife, fourteen Days at leaft before any fuch Petition fhall be prefented and received, a Notice in Writing, figned with the proper Name or Mark of every fuch Prifoner or Prifoners, im- porting therein. That fuch Prifoner or Prifoners as aforefaid, doth or do intend to petition the Court frorn whence the Procefs iifued, upon which he, fhe or they ftand charged in Execution, or into the Prifon to which any fuch Prifoner fhall have been removed by Habeas Corpus^ or fhall ftand charged in Execution on any Judgment, recovered on any Bill or Declaration filed or delivered in any fuch Court; and alfo fetting forth in every fuch Notice or W^riting, a true Copy of the Ac- '^'t^ a Copy of the Sche- count or Schedule, including the whole Real and Perfonal Eftate of the Perfon or Perfons fo defign- ^"^^ he intends to deliver irk^ to petition, which he, fhe or they doth or do intend to deliver into any fuch Court (other than '"'° *'""' and except the neceffary Wearing Apparel and Bedding of the Prifoner or Prifoners, and his, her or their Family, and the Tools or Inftruments of his, her or their Trade or Calling, not exceeding . ten Pounds in Value of the Whole) j and an Affidavit of the due Service of every fuch Notice fhall ^,e o7 fuel, No'tr"' ^"{ be delivered with every fuch Petition, at the Time of prefenting thereof, and openly read in the deiivered^st the 'fp^m^e "^ Court to which any fuch Petition fliall be addrefTed : And if fuch Court fhall thereupon be fatisned TimcwiththePfc-ition of the Regularity of every fuch Notice, fuch Petition fhall be received, and fuch Court fhall theie- imo Court, and-read upon, by Order or Rule of the fame Court, caufe the Prifoner or Prifoners fo petitioning to be "^P^"':' i brought up to fuch Court, on fome certain Day in fuch Order or Rule to be fpecihed, and the Cre- u"cn%ece4inVd ""p ^' ditor, or feveral Creditors, at whofe Suit any fuch Prifoner or Prifoners fhall ftand charged in Exe- tition,' fo^r'bnngin^g the cution as aforefaid, his, her or their Executors or Adminiftrators, to be fummoned to appear per- Prifoner into Court, and fonally, or by his, her or their Attorney in fuch Court, at fome certain Day to be fpecihed in fuch ^'^J^moning the Credi- Rule or Order for that Purpofe : And if any Creditor or Creditors of any fuch Prifoner or Prifoners, '"; *=<=• who fhall be fo fummoned, his or her Executors or Adminiftrators, ftiall appear in Perfon, or by f"';™/;°^=/P'^^^ his, her or' their Attorney; or if any fuch Creditor or Creditors, his, or her Executors or Admini- thereto, ""^ ftrators, fhall refufe or negled to appear in Perfon, or by his, her or their Attorney, then upon Af- Oath being made of the fidavit of the due Service of fuch Rule or Order on him, her or them, or his, her or their Attorney, due Service of the Rule, if any fuch Creditor or Creditors, his, her or their Executors or Adininiftrators, cannot be met with, fuch Court fhall in a fummary Way examine into the Matter of every fuch Petition, and t^je Court to examine in- "" ■ " . - - .- . - -..-.. _ ., Matter of the Pe- in a fummaty • f . , I - J — I J - -■'" adminifier the Oath previous Motice thereof as herem before is direded, an Oath to the Eftedl following: That is following to the Phiontr, to fay. Vol. VIII, Ccc lA.B.