Page:Ruffhead - The Statutes at Large - vol 8.djvu/593

A. D. 1760^ Anno primo Georgii III, C. 17. SS9 mination of Arbitrators to be chofen by the faid Affignee or Affignees, and the major Part in Value of fuch Creditors, and the Party or Parties with whom they fhall have no Difference, and to perform the Award of luch Arbitrators, or of any Umpire to be chofen by them ; or otherwife to fettle and agree the Matters in Difference and Difpute between them, in fuch manner as the faid Affignee or or otherwife may fettle Affignees, with fuch Confent as aforefaid, (hall think fit, and can agree, and the fame (hall be bind- JJ^^ ^s;« JhmkTt.*' jng to all the Creditors of fuch Prifoner or Prifoners ; and every fuch Affignee or Affignees is and are V^^ hereby indemnified for what they fhall fairly do in the Premifl'es in purfuance of this Adl. LIl. And, to the Intent and Purpofe that the Eftate and Effects of luch Prifoner or Prifoners as fhall be difcharged by virtue of this A61:, may be truly and faithfully applied for the Benefit of his,, her, or their real Creditors, Be it enaded by the Authority aforefaid. That it Ihall and may be law- ^^^"^",•nft^?rFnIuf. ful to and for the refpedive Courts at JVeftminfter^ and the Courts of Great Seffion in IVales, and the fj'ckncyf rrau'd °Mifma- Principality of Che/ier^^ and the Counties Palatine of Lancajler and Durham^ refpedlively, from nageme'nt, or other Mif- whence anyProcefs iflued upon which any fuch Prifoner or Prifoners was or were committed, or, behaviour j where the Procefs ilTued out of any other Court, to and for the Judges of the Court of Kings Bench^ Common Plcas^ ?iiA. Exchequer^ or of Great Seffions aforefaid, within their refpedtive Jurifdi6Hons, or "any one of them, from Time to Time, upon the Petition of any fuch Prifoner, or the Creditor or Creditors of fuch Prifoner or Prifoners, complaining of any Infufficiency, i* raud, Mifmanagement, or other Mifbchaviour of any Affignee or Affignees of the Eftate or Effects of- any fuch Prifoner or.t^e Court thereupon is Prifoners, to fummon all Parties concerned, and, upon hearing the Parties concerned therein, to '° (^^"^^'T'^yl^* ^^'^g"' ' make and give fuch Orders and Dirctftions therein, either for the Removal or Difplacing fuch Af- thereTn as "they fhall fignee of Affignees, and the appointing any new Affignee or Affignees in the Place or Stead of fuch think, nt. Affignee or Affignees fo to be removed or difplaced, or for the prudent, juff:, or equitable Manage- ment or Diftributiou of the Eftate and Effefts of any fu..h Prifoner for the Benefit of the refpedtive. Creditors, as the faid Courts or Judges refpectively fliall think fit ; and in cafe of, the Removal or Difplacing of any Affignee or Affignees, and the appointing of any new Affignee or Affignees, the Eftate or Effects of fuch Prifoner or Prifoners fliall, from thenceforidi, be diveited out of the Affignee or Affignees fo removed or difplaced, and be vefted in- and delivered over to fuch new Affignee or Affignees, in the fame Manner, and for the fame Intents and r'urpofcs, as the fame were before vefted. in the Affignee or Affignees firft chofe as aforefaid j any Thing in this Ail contained to the contniry notwithftanding. • LIII. Provided always, and be it enafled by the Authority aforefaid. That in all Cafes where Where mutual Credit mutual Credit hath bten given between any Prifoner or Prifoners who fhall be difcharged in pur- ii^, ^!" ^'k!"(LV^! =.n,i ^ ,-,..,. , to , r» r ■'r-» ■ r> 1 n 1- • 1 r^ P u T^ Balance to be itated ana fuance or this Act, and ai:y other Perfoa or rcrions, or liodyrolitick or Corporate, before the JJe- allowed. livery of fuch Schedule or Inventory of the Eftate and Effects of fuch Prifoner or Prifoners, upon Oath, as aforefliid, the refpedtivc Affignee and Affignees of fuch Prifoner or Prifoners is and are hereby authorized and required, on his and their Farts, to ftaie and allow an Account between them and the other Party or Parties concerned ; and nothing more fhall be deemed to be vefted in fuch Clerk of the Peace, or fuch Affignee or Affignees, under fuch Clerk of the Peace, as the Eftate or Eftcdts of fuch Prifoner or Prifoners, than what fhall appear to be juftly due to him, her, or them, refpe6tively, as an<l for the Balance of fuch Account when truly ftated. LIV. And whereas great Numbers of poor People have been, and are now, imprifoned for Debt Thofc who are Pnfoners ' upon ProcefTes illuingout of Courts of Confcience ; it is hereby enafted and declared. That all f^uch JjJ|".tf oT£nSt-°n^^^ Prifoners fhall be intitled to have the Benefit of this Ail, and he difcharged under the fame, provided ^^ y^^l.^ the Benefit of he, fhc, or they conform to the Directions herein before prefcribed, touching other Prifoners who this Aih. ihall be difcharged by virtue of this A6t. LV. And be it further enacted by the Authority aforefaid, That in all Cafes wherein by this Aargl^J^^^^^J^^^f;;;;^"^';"^^" an Oath is required, the folemn Aflirmation of any Perfon being a ^laker fhall and may be accepted oath/ • and taken in lieu thereof; and every Ptrfon making fuch Affirmation, who fhall be convicted of wil- ful and falfe Affirming, fhall incur and fufFer fuch and the fame Penalties as are infli£ted and impofed by this Act upon Perfons convi6ted of wilful and corrupt Perjury. LVI. Provided always, and be it further enaeted by the Authority aforefaid. That no Perfon who Perfons v. ho fork the took the Benefit of anAdt pafTed in the twenty-eighth Year of the Reign of his late Majefty King B^^n^fi'^'J^^^^'^^^^ft of 2S C^sr^^ the Second, mx..Xxtdi, An Jcl for Reliff of Infohent Drbtors^ fhall have or receive any Benefit or Advantage of or under this A6t, nor be deemed to be within the Intent and Meaning thereof, fo as to be difcharged under th: fame ; any Thing herein before contained to the contrary notwithftanding. LVil. Provided alfo, and be it further ena6ted by the Authority aforefaid. That no Perfon or Per- J'J^'j ^"'^ ■"'^thc'^L or^^ fons under the Age of fifty Years, who hath or have been at any Time in the Service of his late '^^^^ s'e^rvice, are, upon Majelty King GV(7;-^t' the Second, either by Sea or by Land, or any Mariner or Sea-faring Man their Diicharge, if under under the" faid Age of fifty Years, fliall, during the prefent War yNxthFrcmce^ be difcharged from his or 50 Years of Are, and their Imprifonments, or have any Benefit or Advantage by means or virtue of this Act, or any Thing ^rprovefitf, to f'^'^^^ herein contained, unlcfs fuch Perfon or Perfons, if approved of and deemed fit to f'rve his prefent """S ^ .epreeu a , Majeity, his Heirs or Succeffors, by any Officer of his prefent Majefty, his Heirs or SuccelTors, who fhall attend at any General or Quarter Seffion of the Peace, or any Adjournment thereof, at which any fuch Prifoner or Prifoners fhall be difcharged, do and fhall enter or lift himfelf or themfelves into his prefent Majefty 's Service, either by Sea or by Land, as a Mariner or Soldier, if approved of as aforefaid, immediately after fuch Difcharge, and do and fhall continue in fuch Service during the ,.,,,,,,, > Contmuance or the prcient War ; and if any fuch rerion or regions who fhall obtain his or their ^j^„^. ^.^ ,j:^i^.^. ^^^^^^^^ Uifcharge under this prefent Act, fhall defert or abfent himfelf or themfelves from fuch Service^ at j,nd irriprifoi.ment, at any Time during the Conticuance of the prefent War, it ihall and may be lawful to and for any one Suii ot theit Creditors^ of-