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amine him touching the commitment and continuance in cuftody of the prifoner.

Any gaoler difobeying the warrant or order of the court, &c. forfeits 100l. with treble costs.

Debtors who were beyond the feas on Jan. 1, 1765, furrendering themselves, may take the benefit of this act upon the fame terms as other pifoners; excepting fuch particulars wherein the cafes 'both differ.

The fugitive's oath contains a declaration that he was actually abroad on the first day of January 1765, and the rest of it, touching the furrendering up his effects, is 'the fame as that of other prifoners before mentioned.

The gaoler and printer of the Gazette, or other news paper, not complying with the regulations of this act, forfeit 100l. to the prifoners, with treble cofts of fuit.

Any gaoler convicted of perjury forfeits 500l. with full cofts of fuit, &c. One moiety to go to the informer, and the other towards fatisfying the debts of the creditors.

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The clerk of the peace refufing the prifoner a copy of his difcharge, or taking exorbitant fees for the fame, or for afligning over the prifoner's eftate and effects, forfeits 201. to the prifoner.

Any prifoner convicted of perjury to fuffer as a felon.

Perfons discharged by this ac not liable to arrefts for debts, &c. contracted before January 1, 1765.

Juftices, fheriffs, and gaolers, may plead this act to any action of efcape, or fuit brought against them, and recover treble cofts.

Perfons difcharged may plead generally, &c. to all actions or judgments brought against them before January 1, 1765, &c. and in other fuits may plead in difcharge of their perfons from execution.

Plaintiff may reply generally, &c. but if nonfuited is to pay treble cofts.

Bankrupts not obtaining their certificate in due time, are exIcluded from the benefit of this act.

Attornies embezzling, &c. clients money or effects, excluded the benefit of this act.

Gaoler to permit the speaking in private to prifoners, whofe names are inferted in the lift, or Gazette, &c. and the examining the original books of entries, &c. on penalty of 401. with cofts of fuit.

Any prifoner's future eftate and effects, notwithstanding his perfonal difcharge, liable to credi. tors; wearing apparel, bedding, and working tools, &c. not exceeding 10l. value, excepted.

Any creditor may fue for the recovery of debt due at the time of the prifoner's difcharge, but not hold the prifoner to special bail, nor take his perfon, wearing apparel, bedding, or tools, in judgment; and no advantage is to be taken of the cause of action not accruing within three years, nor of the ftatute of limitation, except fuch fuit did not accrue within three years after such prisoner's difcharge.

The discharge of a prifoner no acquittal of the co-partner or fureties.

Any gaoler making falfe entries in the prifon book, or lift, forfeits

fool. with treble cofts, over and above all other penalties for fuch fraud.

Any prifoner refufing to declare the abode, &c. of the perfon at whofe fuit he is detained, or to come to the creditor in the lodge, is excluded the benefit of this act.

Juftices for the counties of York and Lincoln, to meet at the county gaols, &c. for difcharge of prifoners.

Those who are prifoners for their fees, or other demands of the gaoler or officer, to be difcharged.

Debtors to the crown, and prifoners who owe above 1000l. to one perfon, unless the creditors confent, are excluded the benefit of this act. Any creditor oppofing a prifoner's discharge, to allow him 38 6d. per week, on non-payment of which the prifoner tobe difcharged, which discharges are to be obtained by August 1, 1767.

Perfons seized of an eftate tail, claiming the benefit of this ac, are to deliver up the fame to the creditors.

Affignees may apply for further examination of the prifoner, touching the discovery of his effects, &c. and juftices may fend for and examine the prifoner accordingly.

Any perfon refufing to appear, or to answer upon oath, may be committed.

Twenty pounds per cent. allowed on difcovering, within 12 months, any part of the prisoner's estate not returned in the fchedule.

A difcharge obtained fradulently, void.

Perfons concealing any eftate or effects of the prifoner, forfeit 1ool,

and double value, with treble cofts of fuit.

Affignees, with confent of the majority in value of the creditors, may compound for debts due to the prifoner's eftate; and may submit any difpute relating thereto to arbitration; or otherwife may fettle and agree the fame as they fhall think fit.

Affignees may be petitioned against for infufficiency, fraud, mifmanagement, or other mifbehaviour; the court thereupon is to fummon the parties, and make fuch orders therein as they fhall think fit.

Where mutual credit has been given, the balance to be ftated and allowed.

Thofe who are prifoners upon procefs out of the courts of confcience, to have the benefit of this act.

Quakers affirmation to be taken in lieu of an oath.

Perfons who took the benefit of the act of 1 George III, excluded.

This act not to extend to Scotland.

An abftra&t of the act for the more

effectual prefervation of fish in fifbponds and other waters; and conies in warrens; and for preventing the damage done to feabanks, within the county of Lincoln, by the breeding of conies therein.

According to the preamble of

this act, the feveral laws in being for the prefervation of fish in rivers, ponds, pools, moats, ftews, and other waters, having, by experience, been found ineffec

tual to deter divers loofe, idle, and diforderly perfons, from ftealing, taking away, or deftroying, the fish therein bred and preferved; it is therefore enacted, that in cafe any perfon or perfons, from and after the firtt day of June 1765, fhall enter into any park or paddock, fenced in and inclosed, or into any garden, orchard, or yard, adjoining or belonging to any dwelling houfe, in or through which park or paddock, garden, orchard, or yard, any river, or ftream of water thall run or be, or wherein shall be any river, stream, pond, pool, moat, flew, or other water, and by any means, ways, or device whatsoever, fhall fteal, take, kill, or deftroy any fith therein, without the confent of the owner or owners thereof, or hall be aiding or affifting therein; or knowingly fhall receive, or buy fuch fish; and, being thereof in dicted within fix calender months next after fuch offence or offences fhall have been committed, are, upon conviction, to be transported for feven years.

Any offender making a difcovery of, and convicting his accomplices, is intitled to a pardon.

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Perfons alfo convicted of taking or deftroying, &c. fish in rivers or other waters, in any other inclofed ground which fhall be private property, are to forfeit to the owner of the fishery 51. On complaint of the offence, any one or more of his majesty's juftices of the peace thall iffue his or their warrant for apprehending the offender, and the penalty is to be paid down upon conviction; otherwife the of

fender is to be committed to the houfe of correction for fix months, or any action may be brought for the penalty in any of the courts at Westminster, within fix months after the offence.

None are liable to forfeit for taking fifh in any river, wherein they have a juft right or claim.

And whereas there are many thoufand acres of land in this kingdom altogether unfit for cultivation, and yet the fame are capable of rendering great profit, by the breeding and maintaining conies, as well to the owners of fuch lands, as to a multitude of induftrious manufacturers, who gain their livelihood by working up coney-wool; it is likewife pro vided by this act, that perfons convicted of entering warrens in the night-time, taking or killing conies there, or aiding or affifting therein, may be punished by tranfportation for feven years, or fuffer fuch other leffer punishment, by whipping, fine, or imprifonment, as the court before whom they thall be tried, thall difcretionally award and direct.

Perfons convicted on this act, are not liable to be convicted under any former a&t.

This act is not to extend to the deftroying of conies in the day time, on the fea and river banks in the county of Lincoln, upon account of the great mischief and damage occafioned by the increase of conies upon the fea and river banks in the faid county; and no fatisfaction is to be made for damages on fuch banks, unless they exceed the fum of one fhilling.

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Abftrat of an a&t to alter certain rates of puftage, and to amend, explain, and enlarge, feveral proevifions in an a&t made in the ninth year of the reign of queen Anne, and in other acts relating to the revenues of the post-rffice.

Terrabat the fecurity and HE preamble of this a&t fets

improvement of correfpondence, throughout his majefty's dominions, being a matter of great concernment, and highly neceifary for the prefervation and extenfion of trade and commerce; and likewife that, by the vaft acceflion of territory gained by the late treaty of peace, feveral communications having been opened, and new posts ettablished in feveral parts of his majefty's dominions in America, for which the rates of poftage cannot, under the prefent laws, be properly ascertained: it is therefore enacted, that fo much of the act of 9 Anne, as eftablishes the rates of poftage of letters between London and the British dominions in America, and places within the faid dominions, be repealed, and from and after the 10th of October 1765, inflead of the rates thereby eftablished, the following take place.

For all letters and packets paffing from London to any port within the British dominions in America, and from any fuch port unto London, for every fingle letter is. for every double letter 28. for every treble letter 3s. and for every ounce 4s. and fo in proportion for every packet of deeds, writs, or other things: and from any port in the faid dominions to any other port therein, by sea, for

every fingle letter 4d. and fo in proportion as above.

The rates of inland postage in America, for any distance not exceeding 60 miles, are, for every fingle letter 4d. and all others in proportion; for upwards of 65, and not exceeding 100 miles, every fingle letter 6d. others in proporand not exceeding 200 miles, every tion; and for upwards of 100,

fingle letter 8d. others in proportion; and for upwards of 200, and not exceeding 100 miles further, for every fuch further dif tance every fingle letter 2d. and others in proportion.

From and after the 10th of October 1765, no veffel is to be admitted to make entry or break bulk, till the letters on board are delivered to the pott-office; except in fuch cafes where they are to be delivered to the fuperintendant of the quarantine, to be difpatched by him to the post-office. Perfons refufing to deliver up fuch letters, forfeit zol, one moietyto the king, the other to the profecutor, with full coft; and id. extra is charged on all ship letters not brought not brought by the packetboats.

From and after the 10th of October 1765, the prefent rates of poftage by the general poft, not exceeding one poft ftage in Scotland and Ireland, and not exceeding two in England, are to cea e, and the following rates are to take place, viz. Rates for poltage, not exceeding one poftage, for every fingle letter, the fum of id. for every double letter 2d. for every treble letter 3d. and for every ounce 4d, and fo in proportion for every packet of deeds, writs, or other things. Above

one,

mination upon record, in the office ol the register of the court of chancery, which we apprehend to be abfolutely deftructive of one of the moft effential privileges of the houfe; a determination not only new in its nature, and founded on proceedings before unheard of, and unattempted even from the fift establishment of the conftitution and government of this ifland, but which has, in its confequences, been productive of many great inconveniencies, arifing from the deficiency of money in the treafury, occafioned by the expiration of all the money-bills, none of which were paffed during the late affembly, their paffage having been prevented by the diffolution.

Warmly difpofed to remedy thefe inconveniencies, and to promote his majesty's fervice, to the utmoft of our power, as far as is confiftent with our rights and privileges; and being extremely defirous of proceeding with alacrity and difpatch towards the accomplishment of thefe important views; it gives us inexpreffible anxiety to find ourselves incapacitated, whilft we labour under the preffure of that determination, to enter into the confideration of these subjects, confiftently with the honour and dignity of the house.

And as we are certain that the obliteration of this determination is the only measure that can reftore that peace and tranquility fo greatly defired by every loyal fubject and well-wifher to his country; and as we have great reafon to hope, from your excellency's frequent declarations of your willingness and readinefs to promote the honour of his majef

ty's government, and the peace and happiness of the people of this inland, that you will concur with us in every measure that can be effectual to accomplish those defire able ends; we do moft earnestly request your excellency to give the neceffary orders to the regifter of the court of chancery, that the record of that determination may be accordingly expunged."

To which his excellency made the following answer:

"Mr. Speaker, and gentlemen of the affembly,

Your application to me, in this addrefs, is of fo extraordinary a nature, that it is difficult to give it the answer it deferves. Surely you cannot feriously propofe to me to obliterate a determination which I myself have made; or be ignorant, that a judge, who should expunge a record of the court in which he prefides would defervedly incur the highest cenfures: but I fee with concern that all my endeavours to promote that peace which you affect to defire, and to maintain that fair correfpondence with you, which might contribute to the welfare of this country, are unfuccefsful; and that I muft look for no fupplies from you, unless I will content to fuch things as, you must know, are alike inconfiftent with my bonour and duty. I must therefore difmils you, and leave the unprejudiced world to judge, whether the inconveniencies, which this colony may experience, are to be afcribed to the faithful difcharge of my judicial functions, in the impartial adminiftration of justice to his majefty's

fubjects,

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