Page:Ruffhead - The Statutes at Large - vol 8.djvu/415

I A. D. 1758. Anno tricefimo fecundo GeorghII. C. 28. 381 liiftrators for fuch Debt, Da,mages and Cods ; then and in any of the faid Cafes, any fuch Creditor Creditors may compel or Creditors, his, her or their Executors or Adminiftrators, is and are hereby authorifed and im- f>J<:h Prifoner to lie uowered to require every fuch refpedive Prifoner or Fri Toners, on "ivins: twenty Days Notice in ^'■°"£^^ "P ^"'^^'^l"',^ - f "". . , . ^ , /- o • 1 1 r I r^ J- r> 1- °i • I 1 • f- ^ 'f'o Court a Scherliile or Writing to him or her relpectivejy, that lucn Creditor or Creditors, his, her or their Jbxecutors or his F.ftate and Efteas, Admin irtrators, defign to compel any fuch Prifoner to give in to the Court at Law, from which the and the incumbrances Writ or Procefs ifiued on which any fuch Prifoner is or fhall be charged in Execution as aforefaid, arteaing the fame, upon or into the Court in the Prifon of wiiich any fuch Prifoner hath been or Ihall be removed by Habeas Oath; giving the Fn- Corpusy or fhall remain or be charged in Execution, within the firft feven Days of the Term which j°"^/ jn^gnt'lon " Ih-ll next infue th? Expiration of the faid twenty Days, in refpedt to any Prifoner charged in any * of the Prifons belonging to any of the Courts in IVeJim'inJler Hall; and at the fecond Court which fhall be held by any fuch other Court of Record afcer the Expiration of the faid twenty Days, in re- foect to any Prifoner charged in any Prifon belonging to any fuch other Court; and where any fuch Prifoner is or Ihall be charged in Executoin, in any County Gaol, or other Gaol or Prifon, above the Space of twenty Miles dillant from JVeJhnwJier Hall, or the Court or Courts out of which the Writ or Procefs on which any fuch Prifoner is or fliall be fo charged in Execution ifTued, or Ihall iflue ; then to give in upon Oath, at the Affizes or Great Stffions as aforefaid, and on the Crown Side thereof, which fhall be held for the County or Place in the Prifon of which any fuch Prifoner fhall be, next after the Expiration of fuch twenty Days from the Time of giving any fuch Notice as aforefaid to any fuch Prifoner, a true Account in Wi iting, and to be hgned with the proper Name or Mark of every fuch Prifoner, of all the Real and Perfonal Eftate of fuch Prifoner, and of all Incumbrances affecting the fame, to the beft of the Knowledge and Belief of fuch Prifoner, in order that the Eftate and Effects of fuch Prifoner may be devefted out of him or her, and may by in order that his Eftate the Court, Judge or Judges, Juftice or Juftices as aforefaid, be ordered to be afTigned and conveyed, ^"^ Efteas m»y be de- in Manner and for the Purpofes herein after declared: And every fuch Creditor or Creditors ^^ ^^^'iLtTl^ cxtn^^^jcA i% aforefaid, who fhall require any fuch Prifoner to be brought up as aforefaid, for the Purpofe afore- herein after direaed. faid, fhall alfo give twenty Days like Notice in Writing, of fuch his, her or their Intention, to Like Notice to be given require any fuch Prifoner to be brought up as aforefaid, to difcover and deliver up his or her Eftate of fuch Intention to t^e as aforefaid, to all and every other Creditor and Creditors of every fuch Prifoner, at whofe Suit any other Creditors j fuch Prifoner fhall be detained or charged in Cuftody in any fuch Gaol or Prifcn, if fuch Prifoner fhall be there detained in Cuftody, or charged in Execution at the Suit of any other Creditor or Creditors befides the Creditor or Creditors giving fuch Notice as aforefaid, if fuch other Creditor or Creditors can be found out or met with, and if not, then to the feveral Attornies laft imployed in the refpe6tive Adiions or Suits, in which any fuch Prifoner or Prifoners fhall be fo detained or charged in Cuftody by any fuch other Creditor or Creditors of fuch Prifoner ; and fhall likewife and a!fo to the Sheriff give a like Notice in Writing to the Sheriff* or Sheriffs, Gaoler or Keeper of the Gaol or Prifon *"<^ Gaoler, in which any fuch Prifoner or Prifoners lliall be detained in Cuftody. or committed or charged in Execution as aforefaid, of fuch his or her Intention to have any fuch Prifoner fo brought up, and to requiring them to bring require fuch Sheriff or Sheriffs, Gaoler or Gaolers refpedtively, to bring up every fuch Prifoner ac- "P '" "^ cordingly :. And every fuch Notice which fliall be fo given to any fuch Sheriff or Sheriffs, Gaoler or Gaolers, fhall be fo given to him or them refpettively, twenty Days at leaft before the Time ap- pointed for any fuch Prifoner to be fo brought up ; and thereupon every fuch Slieriff or Sheriffs, who Is to be brought ac- Gaoler or Keeper refpedively, to whom any fuch Notice as aforefaid fhall be io given, fliall at the "'•'iin?b: a' theCoftsof Cofts of fuch Creditor or Creditors, his, her or their Executois or Adminiftrators, caufe every fuch ^ * '^ '"' Prifoner to be brought, as by fuch Notice in Writing fhall be required, to fuch Court, Affizes or Great SefTions as aforefaid, together with a Copy or Caufes of his or her refpedive Detainer or De- ^^"'^ ^ ^"Py °^^'^ ^^' tainers there j and if any fuch Sheriff" or Sheriffs, Gaoler or Keeper, on any fuch Notice in Wri- **'""• ting being given to him or them as aforefaid, and Tender being made to him or them, by or on the rJIfauitT^he'p *"*T^"^ Behalf of any fuch Creditor or Creditors aforefaid, of reafonable Charges, not exceeding one Shil- after'due Notice given/ ling a Mile, to bring up the Prifoner or Prifoners required as aforefaid to be fo brought up to any and Tender of reafona'bie iiich Court, Affizes, or Great Seffions as aforefaid, fliall neglect or refufe to bring there the Pri- Charges, ^ner or Prifoners fo required to be brought there as aforefaid, and at the Time he or fhe fliall be fo Inquired to be brought there, together with a Copy of his, her or their Detainer or Detainers in ^Oy fuch Gaol or Prifon ; every fuch Sheriff and Sheriffs, Gaoler and Keeper, who fhall fo offend forfeit 2oI. tothePurty in the Premiffes, fhall for every fuch Offence forfeit and pay the Sum of twenty Pounds, to be ^SSf'«>'ed, recovered by the Party aggrieved by Adtion of Debt, Bill or Information, in any of his Majefty's Courts of Retord at lVe/imir?Jler, if ar;y fuch Offence fliall be committed out of the faid Principa- lity of JVaki^ or County Palatine of Chsjhr; and if any fuch Offence fhall be committed in the Principality of /^<?Aj-, or County Palatine of Chejier, then in fome Court of Record in the faid Piin- cjpality of Wales, or County Palatine of Cbejfer, within. the Jurifdidion of which any fuch Offence v/ith Treble Cofts of ihall be fo committed, together with T.reble Cofts of Suit. ■^"• XVII. And be it further enacled by the Authority aforefaid. That every Prifoner charged, or Prifoner, upon Proof of who fliall be charged, in Execution as aforefaid, and who in purfuance of this Act ihall, at the De- dus Noice -s aforefaid fire of any of his, her or their Cjeditor or Creditors, his, her or their Executors or Adminiftrators, |^7o"d„|^yer inlxipon*"' be brought up to any fuch Court,. Aff'/es or Great Seffiohs as aforefaid, fhall, en Proof beit:g. there oath, toThe Court a firft made of fuch Notices as are herein before dircdted to be given having beeii gi^-'en, deliver. in sclM>d'uls of his Eftat? there in open Court, upon Gath, v.itliin the Time herein before for that Purpofe -.refcribed, a. full, andF.fteas, andf;jreibj tfue and juft Account, Difclofure j; J Difcovery, in Writing, of the whole of i: ; or her ileal and ^'^ » Perfonal Eftate, and of all Booksj Papers, Writings and Securities, relating there;o^ and alfo of all Incuff.branccS