Page:Ruffhead - The Statutes at Large - vol 8.djvu/416

382 C. 2 8. Anno tricelimo fecundo Georgii II. A. D. 1758. Incunibranccs then affecting the fame, and the refpecS^ive Times when made, to the beft of his or her Knowledge and Belief (other than and except the neceflary Wearing Apparel and Bedding 6f fuch Prifoncr, and his or her Family, and the necelTary Tools or Inftruments of his or her refpec- tive Trade or Calling, not exceeding the Value of ten Pounds in the whole) which Account fliall be fubfcri'ocd with the proper Name or Mark of the Prifoncr refpeilively who fhall fo deliver in the fame; and on the delivering in of any fuch Account, the Efhite and Effeils of every fuch Prifoncr and is to ailign anJ cp:i- Hiall be alligncd aiid conveycd by fuch Prifoncr refjieiStively, by a fhort Indorfement on the Back ofi vey the lanie in Truft, cvcry fuch Account as ftiall be fo delivered in, to iuch Perfon or Perfons ;ts the Court, Judge or] for I he Beneruothis Judges, Juftice or Juilices, in which, or to whom, any fuch Account fhall be fo given in, fhall or- Creditojs, j^j. qj- direil, in Trufl-, and for the Benefit of the Creditor or Creditors who fiiall have required anv fuch Prifoncr to be brought up as aforefaid, and of fuch other Creditor or Creciitors (if any) of every fuch rcfpe«ii:ivc Prifoncr at -.hofe Suit or Suits any fuch Prifoncr fhall be charged in Cuftody, or in Execution in any fuch Prifcsn or Gaol, and who fliall, by any Memorandum or ^Vriting to be figned they !>ereeing charge, and to accept a proporti- the Creditor or Creditors who Inall have required any fuch Prifoncr to be brought up as aforefaid;. enable Dividend o» his ^j^jj jf there fhall be no other Creditor or Creditors as aforefaid of fuch Prifoncr, or there being any, •^ ' fuch, if fuch other Creditor or Creditors as aforefaid fhall not agree in Writing to difcharge fuchi a^Ve^Sto'lhen'^thr*'^"^"'^' ^^^ iiccept fuch proportionable Dividend as aforefaid of the Eftate and Effeibs of any fuch; hme to^be I'll Truft/for Prifoiicr; then in Truft for the'Creditor or Creditors only who fliaH require any fuch Prifoncr to be! •the Creditors only requi- brought up far the Purpofc aforefaid : And by fuch Affignment and Conveyance as aforefaid, all the •ring the Ftifoner to be Prifoner's Eflatc and EfFecfts fhall be vefteJ in the Creditor or Creditors to whom the fame fhall be brought up for the Pur- aiTigncd and Conveyed in Truft as aforefaid ; and if any Overplus fhall remain of any fuch Prifoner's pofe atoreiaid. Eflate, after Payn-.ent of the Debt, or Damages and Cofts, which fhall be due to any Crc.iitor or .^l'S'e*'"Jobe"^air"^^'^'^°'"^ refpectively at yhofe Suit or Suits any fuch Prifoe.er as aforefaid fhall, in purfuance of this to the Pnfo'ne'r. "^ ^^' ^t^N ^c difchargcd out of Gaol or Prifon, on delivering up his or her Eftate and EfFecfts as aforefaid, and all reufonablc Charges expended in or by Means of getting in of fuch Eftate or EfFe<5ls, the fame Prifoner complyinp;, to {^all be paid to fuch Prifoner, his or her Executors, Adminiftrators or Afligns : And upon cverv the Satisfaftion ot iha fuch Difcovcry, Affignmcnt and Conveyance, being made and executed by any fuch Prifoncr, to Court, to be fet at Li- ^^^ Satisfaition of the Court, Judge or Judges of AlTize, Juftice or Juftices of Great SefTions, be- " ^* fore whom the fame fhall be rcfpedlively made, every fuch Prifoner and Prifoners fliall, by fuch Court, fudge or Judges, Juftice or Juftices, be difchargcd and fet at Liberty, in the Actions arid Charges, at the Suit of the Creditor or Creditors, his, her or their Executors or Adminiftratoii who fhall require any fuch Prifoner to be fo brought up, and alfo in the A61:ions and Charges dl every other Creditor of any fuch Prifoner, his, her or their Executors or Adminiftrators, who fhaSl fign any fuch Confent as aforefaid, for any fuch Prifoner's Difcharge, with the fame Benefit of making' ufe of fuch his or her Difcharge, as is herein before provided for Prifoners fccking, and who fliall obtain, their Difcharge, under the Provifions contained in the former Part of this Acl; and no paying for his Difcharge greater Fee than two Shillings and fix Pence in the whole, fliall be paid or taken for any fuch Dif- Fees2s. 6d. charge, by all or any Officer or Officers of any fuch Courts, AfTizes or Great Seffions ; and n( Stamp fliall be neceflary on any fuch Affignment and Conveyance as aforefaid, or any Rule or OX' Future Fffcas of the dcr, which fliall be made for any fuch Difcharge; but all the future Eftccfts of every fuch Prifonc Piifouer liable to Debts (othcr than and cxcept the neceflary Wearing Apparel and Bedding of fuch Prifoner, and his or her' unfiiisfied; Family, and the neceffary Tools or Inftruments of his or her refpeftive Trade or Calling) fhall be and remain liable to fatisfy his or her Debts, if the fame fliall not be fully paid from his or her Eftat and no Advantage to be which fhall bc alTigncd and conveyed as aforefaid ; and no Advantage fhall be had or taken in an tdkcnof the Statute of Adtion or Suit which fhall be hereafter commenced againll any fuch Prifoner, his or her Heirs, Ex Limitation, uniefshe was gcutors or Adminiftrators, for that the Caufe of Adiion did not accrue within fx Years next befor flJod'chlr^d'in^crftod'^' "-'^^ commencing of any fuch Action or Suit, unlefs fuch Prifoner was intitled to take fuch Advan- on'the^oVfEtiaTsuit." ^ ^'^S^ before he or flie flood charged in Cuftody by virtue of the original Suit or Adtion; and in any fuch Cafe, the fame may be pleaded by any fuch Prifoncr, his or her Heirs, Executors or Admini^ Prifoner ncglifling or Itrators : And if any Prifoncr charged, or who fliall be charged, in Execution, in any Prifon or refufing to deliver ma (Jaol, and who fliall be required as aforefaid to be brought up to any fuch Court, Affizcs, or Grcai "^d'Eff°fts '^ Selfions as aforefaid, fhall neglect or rcfufe to deliver in and fubfcribe fuch juft and true Account oi ' his or her whole Eftate and £ffe6ts in any fuch Court, or at any fuch Affizes, or Great Seffions as aforefaid, as the cafe may happen to bc, within the Time herein before limited or appointed foi the doing thereof, or within flxty Days then next following, without offering and making appca fome juft Kxcufc for every fuch Ncgledt or Refufal, to bc allowed of by the Ccnirt, Judge or Judge or 10 make an Aflign- of Affizc, Jullicc or Jufticcs of Cjreat Scflions as aforefaid, or who fliall rcfufe to affign or conve* mcnt and Conveyance his or her Eftate and Efletts, according to the Order of any fuch Court, Judge or Judges, Juftic' '^^*"^" or Jufticcs as aforeiaid ; he or fhe fo offending in any of the faid Cafes, and who fhall be conviclci. of any fuch Offence upon any Indictment found againft him or her, fliall thereupon have Judgmcii' for Tranfportation pronounced againft him or her, and fliall he tranfported, according to the Law, tobc trinfporitd for 7 nu'.de and now in Force for Tranfportation of Felons, to fome of Ins iMajefty's Colonics or JManta Vfsrs ; tions in America^ for the Term of {c^icw Years: And if any fuch l^rifoncr fhall deliver in any faife o end delivering io a falfc untruc Account of his or hcT Eftatc or Eftl'dts, or Ihali dcfigncdly conceal, and not infcrt m tli A^ijunt, J Accour i o i