Page:Ruffhead - The Statutes at Large - vol 8.djvu/584

SS^ C. 17, Anno primo Georgii III. A. D. 1760. Share thereof but fuch fuch Dividend, Until he fhall have made out the Juftnefs and Identity of his refpecSlive Debt bv as fhaJl prove their Debts. Oath, Or due Proof in Writing, before fome fuch Juftice or Juftices ; and if any Creditor of Debts entered, tobeex-fuch Prifoner fliall be difTatisfied with the Reality or Fairnefs of any Debt claimed by any other annined into and deter- Creditor, then the fame, at the Requeft of any fuch Creditor or Creditors fo dilTatisfied, (hall be mined by Che Court. exp.mined into by the Jullices of the County, Riding, Divifion, City, Liberty, or Place, in which fuch Prifoner fhall hae been difcharged, at their next General or General Qiiarter Seflion, and what s.rplusof thePrifoner'sthey (hall there determine in the Premiffes, fhall be conclufive to all Parties : And if after Payment ciaI^Vthere?nrto'ow°^ ^'^ ^"^^ PrifoHcr's Creditors, there fhall any of his Eflate and Efteds remain after Payment of all the Prifoner. ' rcafon^able Charges, the fame fhall be paid to fuch Prifoner, his Executors or Adminiftrators. No Suit in Equity to be XIl. Provided further, and be it alio enadted. That no Suit in Equity fhall be commenced by any commenced, but by Con- AfTignee or Affignees of any fuch Prifon.er's Eftate and Effeils, v/ithout the Confcnt of the major lent of the Majority in Part, in Value, of the Creditors of fuch Prifoner, who fhall meet together purfuant to a Notice to Value of the Creditors, fee given in the London Gazette for that Purpofc. Clerk of the Peace to XlII. And be it further enacted by the Authority aforefaid. That the Clerk of the Peace of every exhibit to the Creditor, refpedive County, City, and County Town, and County, Riding, Divifion, Cinque Port, Li- PayLl'of isfthe Sdie- ^^'i^^ ^"^ ^!^.*^^' ^'^^ v^'hotn any Schedule of the Eftates of any infolvent Debtor or Debtors, Fu- duie'of thePrifoner'sE-g^'^^ or Fugitives, fhall be left, and his Succeflbrs, Clerks of the Peace as aforefaid, fhall, on the fiateandEftcds: reafonable Requefl of any Creditor or Creditors of fuch Infolvent Debtor or Debtors, Fugitive or Fugitives, or his or their Attorney, produce and fliew to fi;ca Creditor or Creditors, or his or their Attorney, in the Day-time, the Schedule of the Eftates of any fuch Infolvent Debtor or Debtors, Fugitive or Fugitives, which fhall be left with any fuch Clerk of the Peace, or his Predecellbr in that Office ; the Perfon fo requiring to fee and perufc any fuch Schedule, paying or tendering to the Clerk of the Peace, in vvhofe Cuftody any fuch Schedule fliall be, or his Deputy, the Sunt of one Shilling, for his Trouble in fearching for, and looking cut, fuch Schedule, and attending whilil the fame fhall be perufed by the Party or Parties requiring to have the fame looked out, and to perufe the Auefted Copy thereof to fame J and that a true Copy of every fuch Shedule, figned by the Clerk of the Peace in whole Cuf- be granted; tody the fame fhall be, or his Deputy, purporting the fame to be a true Copy of fuch Schedule, without being wrote on Stamp Paper, and for which Copy no more fliall be paid than fix Pence by the Sheet, each Sheet to contain ninety Words, and fo in proportion for a lelTer Number of Words which rtiaii be Evidence in any Sheet, fhall, at all Times, be admitted in all Courts whatfoever as legal Evidence of the fame : ci^t^f°"h^p f And if any Clerk of the Peace, or his Deputy, fhall, on reafonable Requelt as aforefaid, neglecl or fing to produce fuch"* ^'^'^"^^ *° produce to any fuch Creditor or Creditors as aforefaid, or his or their Attorney, any fuch Schedule, or to deliver a Schedule as aforefaid, and to permit the fame to be infpeited as aforefaid, in the Day-time, on fuch Copy therco", or takirgPavment or Tender as aforefaid being made to him ; or fhall afk or take more than after the Rate of exorb.tant Fees lor the fjj. Pence by the Sheet, each Sheet to contain ninety Words, and fo in proportion for lefs than ninety ^^^' Words in a Sheet; or fhall refufc to make and deliver a Copy of any fuch Schedule, on being requefl- ed as aforefaid fo to make the fame, and having the Money tendered to him for Payment of fuch Copy, forfeits lol. and treble afj-^r the Rate aforefaid; fliall, for every fuch Oflence, forfeit and pay the Sum of ten Pounds, ^ ' which fhall and may be fued for and recovered in any of his Majefly's Courts of Record at JVeJitnin- Jier^ by Action of Debt, together with treble Cofts of Suit, in the Name of any Perfon who will One Moiety to the Pro- profecute for the fame: And one Moiety of which Money forfeited, fliall, when recovered, goto fccutor, a.ut the other to the Party who profecutes for the fame, and the other Moiety thereof to the Poor of the Parifh in the Poor of the P.-i.'-iih. which th'c Offcnce fhall be committed. Afijijnees of Copyhold XIV. Provided always, and be it enafled. That before fuch Time as any Affignec or Affignees, as aiMiCuftomary Eftates to jiforefliid, fhall enter on, or take any Profit from, any Copyhold or Cuftomarj' Eftate, as aforefaid, ofTMlC °'"*heor they fliall agree and compound with the Lord or Lords of the Manor or Manors of whom the ' fame fhall be holdcn, for the Payment of fuch Fine or Income as, upon any Surrender and Admiffion and to beadm tted Tc- thereto, hatii thcrctoforc been moft ufually accuftomed to be paid ; and that upon every fuch Agree- nams thcicuoon. ment or Compofition, the faid Lord or Lords for the Time being, at the next Court, or fome fuble- quent Court, which fhall be holden for the faid Manor or Manors, after fuch Agreement made, fhall admit Inch Affignee or AlTignees Tenant to fuch Copyhold or Cuftomary Premilll'S, according to the Cuftom of the faid Manor or Manors of which the fame fhall be holden, for and during fuch Eftate and Intereft as the Prifoner had therein at the Time of his or her being difcharged as aforefaid, refcrv- ing the Rents, Duties, Heriots, Cuftoms, and Services, payable and to be rendered in refpe*5l of the faul Copyhold or Cuftomary Preniifl'es. Thd Priiiincr'f , *c. XV. PrG'ided a'fo, That nothing herein contained fhall extend to prejudice or aftciH: any Eftate, Right and intciefi only ^^ Intcreft,or R ight vv'hatfoever, of other any Perfon orPcrfons, other than the laid Prifoner or Fugitive, tobeattcdtccbythisAct.^.j^.^j^ may bc expectant upon, or fubjea unto, the Eftate or Intereft of the faid Prifoner or Fugi- tive hereby vcftcd in the faid Clerk of the Peace ; but that the Eftate, Intereft, and Right whatfoever, of every other Perfon and Perfons, fhall remain, continue, and be faved to them, in the fiinie m;m- ner as if this A£t had not been made. EfteasonthePremifTcr, XVI. Provided further, and be it enabled by the Authority aforefaid. That where any Rent, not whficKent isHue.ztetoCXCccding two Years Rent, fhall be due to any Perfon or Perfons from fuch Prifoner or Prii'oners, at be transferred to the the Time of his or their rcfpedivc Difcharges, in rcfpedt to any Mcfluages, Lands, or Tenements, l.^'i I'-'. an(* not m-xlfji^gp jp, f^pafe to fuch Prifoner or Prifoncrs rcfpeiStively, fir Life or Lives, for Years, at Will, or other- over to the Aihgncis; ^jf(.^ no (joods or Chattels then lying or being in or upon the rcfpedtivc Tenement';, liable to be diftiained, fhall be afTigncd by the Clerk of the Peace in manner aforefaid, but fhall, by fuch Clerk of the Peace, be transferred to fuch Landlgrd or Landlords, gr fome Perfon or Perfons intrulted tor him