Page:Ruffhead - The Statutes at Large - vol 8.djvu/413

A. D. 1758. Anno tricefimo fecundo G e o r g 1 1 II. G. 2 8 . 379 not be fatisfied with the Truth of any fuch Prifoner's Oath, and (hall cither perfonally, or by his, her or their Attorney, if he, fhe or they cannot perfonally attend, and Proof fhall be made thereof to the Satisfadion of any fuch Court as aforefaid, defire further Time to inform him, her or themfclves of the Matters contained therein, any fuch Court may remand any fuch Prifoner or Prifoners, and and defire further Time dire£l him her or them, and the Perfon or Perfons diilatisfied as aforefaid with fuch Oath, to appear Jj^'J^'Jj"^^"'^"^'^^^^^ either in Perfon, or by his, her or their Attorney, on fomc other Day to be appointed by fuch faid Prifoner back to a fur- Court, fome Time at furtheft within the firfl Week of the Term next following the Time of fuch ther Day. Examination, but fooncr if any fuch Court fhall fo think fit; and all Objeflions which fhall be objections to the Form made as to the Infufiniciency in Point of Form againft any Prifoner's Schedule of his Eftates and Ef- of the Schedule, to be feels, fhall be only made the firfl Time any fuch Prifoner fhall be brought up ; and if at fuch fe- made *t the firft Time cond Day which fhall be appointed, the Creditor or Creditors diffatisfied with fuch Oath fliall make JheP^foner .s brought Default in appearing, either in Perfon, or by his, her or their Attorney, or in cafe he, fhe or they c^^j^j^g^ j^p^ ^pp^^^i^g fhall appear, if he, fhe or they fhall be unable to difcover any Eftate or EfFecls of the Prifoner omit- the fecond Day, or not ted in the Account fet forth in fuch his or her Petition ; then and in any fuch Cafe fuch Court rnaking a further Difco- (hall, by Rule or Order thereof, immediately caufe the faid Prifoner or Prifoners to be difcharged, Yf yj upon fuch Prifoner or Prifoners executing fuch AfTignment and Conveyance of his or her Eflatcs ^'^r'^Difdm e ot^the" and Eftects, in Manner as AfTignments and Conveyances of Prifoners Eftates and KfFedls are herein pnfoner • before directed to be made, unlefs fuch Creditor or Creditors who fhall have charged any fuch Pri- unlefs the Creditor infift foner or Prifoners in Execution as aforefaid, his, her or their Executors or Adminiftrators, doth or upon his Detention, tio infift upon fuch Prifoner or Prifoners being detained in Prifon, and fhall agree by Writing figned ^"'^ covenant to allow with his, her or their Name or Names, Mark or Marks, or under the Hand of his,' her or their At- *^"" ^5. 4d. per Week j torney, in cafe any fuch Creditor or Creditors, his, her or their Executors or Adminiftrators fliall be out of England^ to pay and allow weekly a Sum not exceeding two Shillings and four Pence, as any fuch Court fhall think fit, unto the faid Prifoner, to be paid every Monday in every Week, fo long as any fuch Prifoner fhall continue in Prifon in Execution at the Suit of any fuch Creditor or Creditors ; and in every fuch Cafe, every fuch Prifoner and Prifoners Ihall be remanded back to the Prifon or Gaol from whence he, Ihe or they was or were fo brought up, there to continue in Exe- cution ; but if any Failure fhall at any Time be made in the Payment of the weekly Sum which fliall but upon Failure at any be ordered by any fuch Court to be paid to any fuch Prifoner, fuch Prifoner, upon Application in 1 'me in the Payment Term Time to the Court where the Suit in which any fuch Prifoner fh.ili be charged in Execution upon°A'pplication°tr(lie was commenced, or fhall have been carried on, or in the Prifon of v/hich Court any fuch Prifoner Court to be difchargec, fhall ftand committed on any Habeas Corpus^ or in Vacation Time, to any Judge of any fuch Couit, may by the Order of any fuch Court or Judge be difch^-rged out of Cuftody ow every fuch Execu- tion ; Proof being made before fuch Court or Judge on Oath of the Nonpaym.cnt for any Week of the Sum of Money ordered and agreed to be weekly paid ; but every fuch Prifoner and Prifoners, upon executing fuch Af- before he, fhe or they fliall be fo difcharged cut of Cuftody by any fuch Rule or Order, fhall execute fignmeat and Convey- A rr ^ -J f>- -r I •_ 1 ^1 • T^n L ' 1 i-n- o • t t _„ i :„ t -r ance as aforelaid. wards be detefted before any fuch Court or Judge of Falfity therein, or fliall refufe to execute fuch o"^ tefufing to execute an AfTignment and Conveyance of his, her or their Eftates and Efteds as aforefaid, as herein before is po.'^""^'^^ ^'^' *^-^'"^ required to be made by him, her or them refpe£lively, he, fhe or they fliall be prefently remanded in Execution/°"^"'"^ and continue in Execution. XIV. Provided alway_s, and be it_ further enacled. That where more Creditors than one fliall Where more Creditors charge detail weekly _ _ _ ^„_^„, every Week to or for fuch refpedlive Prifoner, as the Court before vvhom any fuch Prifoner or per v/cek. Prifoners fliall be brought up to be difcharged fnall at the Time of his, her or their being re- manded, on fuch Note for the Payment of the weekly Sum ordered to be paid being given, direct or apppoint. XV. And be it further enacled by the Authority aforefaid. That from and after the faid fifteenth Prifoner charged in Exe- rem roceed ... - . . y Ps" Executions fhall be ifTued out againft any fuch Prifoner or Prifoners, then upon Petition being made tionapd x'^ffidavit j by any fuch Prifoner or Perfoners to the Court from whence any fuch Execution againft any fuch Prifoner or Prifoners iflued, or in the Prifon of which Court any fuch Prifoner fhall be and ftand charged in Execution, in the like Form and Manner as the Petitions herein before mentioned of Prifoners are dire£led to be made, and on an Affidavitlo the Purport as Affidavits are herein before dircdled to be made in the Cafe of Prifoners in Gaol not above twenty Miles diftant from the Court ■ out of which the Execution againft fuch Prifoner idlied, being made and left with fuch Petition, fuch Court (on being fatisfied with the Truth of fuch Affidavit) is hereby authorifed and required to m^ke a Rule or Order to caufe the Prifoner or Prifoners fo petitioning, to be brought to the next and th? Court to make Affv/.es which fliall be holden for the County or Place where %, fhe or they fhall be imprifoned, if a Rule thereupon for his the fame fliall be within that Part of Great BHlam called England ; and if within the Principality of ^'"S 'wrought up to tho ll^ales, or County Palatine of Chejhr, then to caufe fuch Prifoner or Prifoners to be brought to thp next Great Seflions to be holden for the County in IVaks, or County Palatine of Chejler^ in which C c c 2 I ajiy next Afiizes, &c.