Page:Ruffhead - The Statutes at Large - vol 8.djvu/589

A. D. 1760. ^ Anno primo Georgii III. C. 17. 555 ftich Prifoneror Prironers, together with the Name or Names of the Perfon or Perfons at whofe Suit or Suits he, flae, or they are detained : And if any fuch Gaoler or Keeper (hall neglecSt or rct'ufe to complv with what is here above required, every fuch Gaoler or Keeper, who iliall fo offend in the Prcmi(ies, Ihall forfeit and pay to the Perfon fo refufed and aggrieved, the Sum of forty Pounds; toon Penalty of 40 1. wltb be recovered, with Cofts of Suit, by Adtion of Debt, Bill, Plaint, or Information, in any of theCoflsofSuit. Courts oiWeJimhiJier^ wherein no ElToin, Protection, Wager of Law, or more than one Imparlance, fliall be allowed, by and in the Name or Names of the Perfon or Perfons fo refufed and ag- grieved. XXXIII. Provided always, and be it enabled, That notwithflanding the Perfon of any PrifonerPrifoncr's future Eflatft rifoncrs, of every fuel ditors as befc „ -. ,, - „ .. . - for his, her, or their Families, and Working Tools and Implements necefliiry for his, her, or their Wearing Apparel, Bed- Trade or Occupation, not exceeding the Value often Pounds in the Whole, only excepted) and anyJii'g, and Woiking Creditor or Creditors of any fu<:h Prifoner or Prifoners, Fugitive or Fugitives, may, at any Time^"'^°'^> ^'"i- ""^ '^■'='■'^- hcrcafter, fue out Execution, Extents, or other Procefs, on any Judgment at the Time of fuch Dif-|,"pfgj^ " ^ "^' "' charge recovered, or Statute Staple, or Recognizance acknowledged by, or Sentence or Decree ob- tained againit any fuch Prifoner or Fugitive, but not againft his, her, or their Perfon, or his, her, or their refpeclive Wearing Apparel, Bedding, Working 'Fools, and Implements, as aforefaid. XXXIV. And be it alfo enacted. That any Creditor or Creditors of any Prifoner or Prifoners, Creditor may fue for th Money which Ihall be due from any fuch Prifonqf or Prifoners, Fugitive or Fugitives, at the Time of his or her faid Difcharge, but fliall not hold the Perfon of any fuch Prifoner or Fugitive to Special hut not hold the Pr'. Bail; nor fliall take the Perfon, neceflary Wearing Apparel, Bedding, Tools, or ImplemeniS, as f'^'^" t" Special Biii, aforefaid, of any fuch Prifoner or Fugitive in Execution, or any Ji ' - ^ ■ ^ n- -•^i- '^^ f^^-<- which fliall hereafter be recovered or obtained againll any fuch Pi A(5lion or Suit, which fliall be hereafter commenced againll any fuch Heirs, Executors, or Adminiftrators, no Benefit or Advantage fliall be had or taken, for that thetjge is to ukcn of the Caufe of Action did not accrue within three Years nexc before the commencing of any fuch Aiftion'^'^"'^ of Aftion nor ac- or Suit; nor fliall any Statute of Limitation be pleadable, or be allowed to be pleaded in Bar of or no^f The Staiut^'or* in any fuch Action or Suit, which fliall be hereafter commenced by any fuch Creditor or Creditors, Limitation. againit any fuch Prifoner or Prifoners, unlefs fuch Caufe of Action or Suit did not accrue within Exception, thr^e Years next before any fuch Prifoner or Fugitive fhall be difcharged under this Act ; and in any fuch Cafe, the fame may be pleaded • by any fuch Prifoner, his or her Heirs, Executors, or Admi- niftrators. XXXV. Provided always, and be it likewife ena6ted. That by the Difcharge of any Prifoner orDlfchargeof Prifoner no Fugitive by force of this A£t, no other Perfon or Perfons who was or were Partner or Partners in Acqiittal to the. Co- Trade with, any fuch Prifoneror Fugitive, at the Time of his or her Difcharge under this A6t, or P^^"'^ ""^ ^""^""* then ftood bound, engaged with, or liable to the Payment of any Debt with any fuch Prifoner or Fu- gitive, or engaged in any Contra6t together with any fuch Prifon-jr or Fugitive, fhall be difcharged from any fuch Debt or Demand ; but every fuch other Perfon and Perfons fliall feverally ftand and be chargeable with, and liable to pay, fuch Debt and Debts, and to perform fuch Contracts, in like manner as if any fuch Prifoner or Fugitive had never been difcharged from the fame. ■Entry or Entries to be made therein; or fliall infert in any Lift to be delivered in as aforefaid, the Name or Names of any Perfon or Perfons who was not a Prifoner or Prifoners in actual Cuftod}'- in any fuch Gaol or Prifon upon the faid twenty-fifth Day of O^ober one tho.ufand feven hundred and fixty, or fliall not have ever fmce remained in fuch adtuai Cuftody ; except as in the Oath of any fuch Gaoler or Keeper", or deputed Gaoler or Keeper, fhall be excepted; every fuch Gaoler or Ke.per, or deputed Gaoler or Keeper, fliall, over and above the Penalties which he fliall be liable °^^^"'^ ^^o"-:^^" 'f'^^"" to for every fu> h Fraud, forfeit and pay the Sum of five hundred Pounds, to be recovered with tx-cble ^"*^"" for luch Fraud. Cofts of Suit, by and in the Name and for the Ufe of any Perfon or Perfons who lliall be prejudiced by any Entry, or ftrch falfe Enti'ies ; which Penalties fliall and may be recovered by Adtion of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Record at TFeJhninJfet wherein no Effoin, Protection, orV/ager of Lav/, or more than one Imparlance, fhall be allowed. XXXVII. And be it further enad'ted. That if any Prifoner, being thereunto required by any Cre- Prifoner refuUng to de- bitor, fhall refufe to difcover and declare the Trade or Occupation and Habitation or laft Place of "^'•'"^ '= ^^'°'^^' ^'^•.°^ Abode of the Perfon or Perfons at whol'e Suit he or flie is detained or charged in Cuftody; or being [^/j^^^'^JXerTrt^" called for and dehred, by any Creditor or Creditors, to come to the Lodge of the Prifon in which cJme to the Creditor in ene/it 'f this A6t. 4 B 2 "" receive