mitments.

Sheriffs, &c. dif

obeying Orders

of Justices.

or Creditors of any Prifoner, to convene before them at fome cer- at Seffions, tain time to be appointed by them, any Perfon or Perfons who was touching Comor were Keeper or Gaoler, or deputed Keeper or Gaoler of any Prifon or Gaol within their respective Jurifdictions, on the said Sixth Day of November One thoufand eight hundred and thirteen, or at any time, and examine every fuch Keeper or Gaoler or deputed Keeper or Gaoler on Oath, touching the Commitment and Continuance in Cuftody of any fuch Prifoner, as the Juftices at any fuch General or Quarter Seffion or Adjourned Seffion fhall think fit; and if any Sheriff, Gaoler or Keeper, or deputed Gaoler or Keeper, fhall neglect or refufe to bring before any fuch Juftices, at any Seffion of the Peace or Adjournment thereof, any fuch Prifoner as fhall be directed and required by Warrant of any Juftice or Justices as aforefaid, or to attend on being fummoned for that Purpose, he shall on Conviction fuffer Six Months Imprisonment; or if any Keeper or Gaoler attending fhall refufe to make Anfwer and Discovery in the Premises as fhall be reasonably required, at fuch General or Quarter Seffions or Adjourned Seffion, he, fhe or they fo offending in the Premifes fhall, for every fuch Offence, pay the Sum of Ten Pounds Penalty. to any Person who fhall fue for and recover the fame in any of His Majefty's Courts of Record in Westminster by Action of Debt.

Act.

IV. And be it further enacted, That if any Keeper or Gaoler of Gaoler and any Prison, or his Deputy or Deputies, fhall without just Cause, to Printer of Ga be approved of by the Juftices at fome General Quarter Seffion or zette of NewfGeneral Seffion or Adjourned Seffion of the Peace within their re- paper not complying with Refpective Jurifdictions, refufe or delay to bring any fuch Prifoner or gulations of Prisoners as aforefaid to any fuch General Quarter Seffion or General Seffion or Adjourned Seffion of the Peace, in order to his or her Difcharge; or fhall neglect, refufe or defignedly omit to infert in any fuch Lift the Name or Names of any fuch Prifoner or Prisoners who was or were actually in Cuftody in his or their refpective Prison or Gaol on the faid Sixth Day of November One thousand eight hundred and thirteen, or fhall neglect or refuse to make out, fix up or deliver fuch Lifts as aforefaid; or if any Keeper or Gaoler, or deputed Keeper or Gaoler fhall neglect or refufe to take any of the faid Oaths before mentioned, and hereby required to be taken by him, or fhall detain any fuch Prisoner after he or the shall be difcharged as aforefaid; or if the Printer of the London Gazette or other Newfpaper as aforefaid fhall wilfully refufe or neglect to infert therein the Notice by this Act directed to be given, on reasonable Request made to him for that Purpose; every fuch Keeper and Gaoler of fuch Prifon and Prifons, his Deputy or Deputies, and every fuch Printer as aforefaid, fhall refpectively forfeit and pay to fuch Prifoner, in every fuch cafe injured, the Sum of One hundred Pounds, which fhall and may be recovered with Treble Cofts of Suit by Action of Debt, Bill, Plaint or Information in any of the faid Courts of Record at Westminster, wherein no Effoin, Protection or Wager of Law, or more than One Imparlance fhall be allowed.

Penalty.

V. And be it further enacted, That if any Keeper or Keepers, Goalers perjurGaoler or Gaolers, or any Deputy Keeper or Gaoler of any Prison, ing themselves. fhall, in taking of the afore-mentioned Oaths, forfwear and perjure themselves, and fhall thereof be lawfully convicted, fuch Keeper or Gaoler or deputed Keeper or Gaoler of fuch Prison or Prisons fhall, over and above the Penalties to be inflicted on Perfons convicted

F 2

Penalty.

Application of
Penalty.

Clerk of the
Peace not

giving Copies of
Adjudication of
Ditcharge.

Penalty..

Distress.

Copy of Lifts
fixed up in
Pritons, before
Delivery to
Seffions.

Prisoners for

Debt on king Oaths, &c. dif charged.

victed of Perjury, upon every fuch Conviction, forfeit and pay the Sum of Five hundred Pounds, to be recovered with full Cofts, by Bill, Plaint or Information, or Action of Debt, in any of His Majefty's Courts of Record at Westminster, wherein no Effoin, Protection or Wager of Law, or more than One Imparlance shall be allowed, by and in the Name of fuch Perfon or Persons, his and their Executors and Administrators, to whom an Affignment or Conveyance in pursuance of this Act fhall be made of the Estate and Effects of fuch Prisoner or Prisoners; and if no fuch Affignee or Affignees fhall be living, then in the Name or Names of any other Creditor or Creditors who fhall fue for the faid Penalties, to be applied One Moiety to the Informer or Informers, and the other Moiety towards Satisfaction of the Debts of such Creditor or Creditors.

VI. And be it further enacted, That if any Clerk of the Peace or his Deputy or Town Clerk or other Officer acting as Clerk of the Peace, fhall delay or refufe to give every or any fuch Prisoner adjudged to be entitled to his Difcharge as aforefaid, within Fourteen Days after fuch Adjudication, a Copy of the Order of such Adjudication, on the Payment of Two Shillings, or fhall take more than Two Shillings and Six pence for fuch Copy, or shall take more than One Shilling for an Affignment or Conveyance of fuch Prifoner's Eftate or Effects, every fuch Clerk of the Peace or his Deputy, or Town Clerk, or other Officer acting as Clerk of the Peace, who fhall fo offend, and who fhall be convicted at any fuch General or Quarter Seffion of the Peace, or at any Adjournment thereof, of any fuch Offence, fhall, for every fuch Offence, forfeit and pay to every fuch Prifoner the Sum of Twenty Pounds, as the Juftices of the Peace at fuch General or Quarter Seffions, or Adjournment thereof, shall order, and who are hereby empowered to caufe the fame to be levied by Diftrefs and Sale of the Goods of any fuch Clerk of the Peace or his Deputy, or Town Clerk or other Officer acting as Clerk of the Peace fo offending.

VII. And be it further enacted, That all and every the Keeper or Gaoler, Keepers or Gaolers of any fuch Prifon or Gaol is and are hereby required, Ten Days at leaft before the First or Second General Quarter Seffions or General Seffions of the Peace fhall be held after the paffing of this Act, for the County, City, Town, Place or Liberty in which any Prifon or Gaol fhall be, or to which the fame fhall belong, to fix up in fome confpicuous Place or Places in every fuch Prison or Gaol, and at the most frequented or ufual Gate, Door or Entrance into every fuch Prison or Gaol, Three or more true Copies of the Lift or Lifts propofed or intended to be delivered in by any fuch Keeper or Gaoler at the faid General Quarter Seffions, or at fome Adjournment thereof.

VIII. And be it further enacted, That all and every Perfon and Perfons who on the Sixth Day of November One thoufand eight hundred and thirteen were charged in any Prifon or Gaol for the Nonpayment of any Debt or Debts, Sum or Sums of Money, whose Name or Names fhall be inferted in any fuch Lift to be delivered in as aforefaid, taking the Oaths hereby directed to be taken, and who fhall perform on his or her part what is required to be done by him or her by this Act, fhall as to his Perfon and Effects refpectively be for ever releafed, discharged and exonerated, to fuch Extent and in fuch manner as is hereinafter provided, and no otherwise.

IX. And

dules, iffue War

+ Sic.

IX. And be it further enacted, That it fhall and may be lawful Juftices may, on for any Juftice or Juftices of the Peace of any County, City, Town, Prifoners dePlace or Liberty within England, upon the Petition of any fuch livering in SchePrifoner or Prifoners to any Juftice or Juftices of the Peace, within rants to bring his or their respective Jurifdictions, upon every fuch Prisoner or Pri- them to Quarfoners fo petitioning, and at the time of his or her fo petitioning, ter Seffions. leaving with the Juftice or Juftices fo petitioning †, a true Copy of the Schedule containing his or her intended Difcovery of his or her Real and Perfonal Ettate, to be fworn to at the First or Second General Quarter Seffions next enfuing after every fuch Petition, or fome Adjournment thereof (and at the Foot of which faid Schedule the Gaoler or other proper Officer fhall fet forth and fign the Amount of the Debt or Debts with which fuch Prisoner was charged on the faid Sixth Day of November One thoufand eight hundred and thirteen), by Warrant under his Hand and Seal, or under their Hands and Seals, to require the Sheriff or Sheriffs, Keepers or Gaolers of any fuch Prifon within the Jurifdiction of any fuch Justice or Juftices, to bring before the Juftices at the First or Second next General Quarter Seffions or General Seffions of the Peace, or any Adjournment thereof, to be held as the cafe fhall happen to be, next after the Expiration of Ten Days from the Date of fuch Warrant, for fuch refpective County, City, Town, Place or Liberty, the Body of any Perfon being in the faid Prison as aforefaid, with the Warrant or Warrants of his or her Detainers, together with a Copy or Copies of the Cause or Caufes which he, fhe or they is or are charged with in any Prison or Gaol aforefaid at the time aforefaid; for which Copy or Copies of fuch Caufe or Caufes fuch Prifoner fhall apply to the faid Keeper or Gaoler of fuch Prison, or to the Clerk of the Papers, or other proper Officer or Perfon, who shall make out and transcribe the fame, at least Six Days before the time of his or her Appearance; which Warrant of every fuch Juftice or Juftices, every fuch Sheriff and Sheriffs, Keeper or Gaoler, is and are hereby commanded to obey.

X. And whereas confiderable time may intervene between the paffing of this Act, and the next General Quarter Seffions or General Seffions of the Peace, which would be the Means of detaining in Prison a Number of Perfons who with their Families are

in the greatest Distress;' Be it further enacted, That it fhall and Special Seffions may be lawful for any Two or more of the Juftices of the Peace for may be held. any County, City, Town, Place or Liberty, upon Petition from Debtors as aforefaid to affemble their refpective Courts as foon as may be after paffing this Act, for the Purpose of adminiftering the Oaths and other the Matters required by this Act, and to appoint fuch Day or Days for the Discharge of Prisoners as they fhall fee

proper.

XI. And be it further enacted, That the Copy of every fuch Schedules to reSchedule, which fhall be left or delivered in as aforefaid, fhall be main with Clerk and remain with the Clerk of the Peace, Town Clerk or other of the Peace. Officer acting as Clerk of the Peace for the County, City, Town, Place or Liberty in which the fame shall have been fo left, there to remain and be infpected from time to time as Occafion fhall require, by any Creditor of any fuch Prisoner who shall defire to infpect the fame.

Debtors not
having given
Notice, in-
tending to ap-

ply for Difcharge
to give Notice
in the Gazette,
&c.

Debtors to de

to Gaoler previous to First

Notice.

XII. And be it further enacted, That all and every Debtor and Debtors confined in any Gaol of that Part of the United Kingdom called England, who fhall intend to apply to be discharged and exonerated under this Act, fhall firft caufe public Notice to be inferted in Three feveral London Gazettes, previous to fuch General or Quarter Seffions or General Seflions of the Peace or Adjourn ment thereof, at which fuch Application fhall be made; and if fuch Debtor fhall be in Cuftody in any fuch Gaol, out of London, or the Weekly Bills of Mortality, or fhall have been moved by Habeas Corpus from one Gaol to another, then alfo in fome Newfpaper which fhall be published in or near the County, Riding, Divifion, City, Town, Liberty or Place, in the Gaol whereof he or the fhall be or have been fo in Cuftody, containing the Name, Trade, Occupation and Defcription, and the Two laft Places of Abode (if fo many) of every fuch Debtor and Debtors, and the Prifon wherein he, fhe or they is or are confined, and of his, her or their Intention to take the Benefit of this Act, and mentioning fuch Notice in fuch Gazette or Newfpaper refpectively, to be the First, Second or Third Notice, according to the time of publifhing each of fuch Notices; and for the inferting each of the faid Notices in the London Gazette or in any other Newfpaper, there fhall be paid each time by every Prifoner the Sum of Four pence and no more; the Firft of which faid Notices fhall be fo inferted in the faid Gazettes refpectively and in the faid other Newfpapers, as the cafe may require, Twenty one Days at the leaft, and the laft of the faid Notices Six Days at the leaft before any fuch Firft or Second General Quarter Seflions or General Seffions, or Adjournment thereof, fhall be held as aforefaid, fo that as well all the Creditors who have not charged the faid Debtor or Debtors in Cuftody, as thofe Creditors who have charged fuch Debtor or Debtors in Execution, or on Mefne Procefs or otherwife, may have fufficient Notice thereof.

XIII. And, to the Intent that all Creditors may have full and fufficient time to confider the Matters and Things contained in the Schedule or Schedules intended to be delivered in by any Debtor or Debtors, be it further enacted, That every fuch Debtor, where Jiver Schedules he or fhe fhall, according to the Directions of this Act, publish the First Notice of an Intention to take the Benefit of this Act, he or fhe fhall in fuch Notice declare that the Schedule containing his or her intended Discovery of his or her Real and Perfonal Estate, to be fworn to in manner as by this Act is directed, is lodged in the Hands of the Keeper or Gaoler, or the Deputy of fuch Keeper or Gaoler of the Frifon wherein any fuch Debtor fhall be confined; and every fuch Debtor is hereby directed and required to deliver fuch Schedule to fuch Keeper, or Gaoler, or Deputy, as the cafe may be, before he fhall publish fuch First Notice as aforefaid, figned with his or her own Chriftian Name and Surname, to be attefted by any fuch Keeper, Gaoler or Deputy; and in cafe any Debtor fhall neglect or refufe to deliver One fuch Schedule to fuch Keeper, Gaoler or Deputy, prior to fuch his First Notice to be given as aforefaid, he or The upon due Proof made of fuch Neglect or Refufal, to the Satisfaction of the Court to which fuch Debtor fhall make Application, fhall be remanded back to Prifon, there to remain until he or she fhall have complied with the Directions aforefaid; and every fuch Keeper, Gaoler or Deputy, is hereby directed and required to attest

the

the Signature of the Debtor's Name to fuch Schedule, and to receive the fame into his Cuftody and Charge, giving a Duplicate Duplicate. thereof to every fuch Debtor, with an Acknowledgment of his hav

ing received the Original; and he is hereby further required to Copy of Schedeliver a true Copy of any fuch Schedule, figned by himfelf, upon dule to Creditor Request made to him by any Creditor for that Purpofe in Writing, fuch Copy to be delivered to the Creditor himfelf, or to fuch Perfon as he fhall appoint to receive the fame, within Thirty Days after Demand made; and if any fuch Keeper, Gaoler or Deputy fhall neglect or refafe to conform to the Directions hereby given him refpecting fuch Schedule, every fuch Keeper, Gaoler or Deputy fo offending fhall be hable to a Penalty of Ten Pounds, to be reco- Penalty. vered by an Action of Debt in any of His Majefty's Courts of Record at Westminster, at the Suit of any Perfon who shall be aggrieved by fuch Neglect or Refufal.

XIV. And be it further enacted, That the Notices to be given by every Debtor, in manner directed by this Act, fhall be to the Effect following; that is to fay,

I

[infert the Name, Trade, Occupation Form of Notice. and Defcription, and the Two laft Places of Abode, if fo many] now confined in [infert the Name of the Prifon and County] and being charged in Cuftody on the Sixth Day of November One thoufand eight hundred and thirteen, do hereby give this [First, Second or Third] public Notice, that I intend to take the 'Benefit of an A&t paffed in the Fifty fourth Year of His prefent Majefty's Reign, intituled [here fet forth the Title of this Â&t, and if it be the First Notice then add] And I do hereby give Notice, that a true and perfect Schedule, containing a Difcovery of all my Real and Perfonal Eftate, hereafter to be fworn to, is now ready ⚫ to be delivered to any Creditor applying for the fame to the Keeper ' or Gaoler or his Deputy of the faid Prison.'

And every fuch Notice fhall be figned by the Debtor, and counterfigned by the Keeper or Gaoler, or Deputy of fuch Keeper or Gaoler of fuch Prifon.

every

certain Sche

XV. And be it further enacted, That fuch Debtor as afore- Debtors proving faid, being charged as aforefaid, on the faid Sixth Day of November Notices given, One thoufand eight hundred and thirteen, who fhall apply to the hall in open General or Quarter Seffions, or any Adjournment thereof, in cafe it Court deliver in fhall be proved upon Oath, or by producing the faid Three Gazettes dules, and take and Newspapers refpectively before mentioned to the faid Juftices Oath. at any fuch Seffions or Adjournment thereof, that fuch Notices were inferted in the London Gazettes and other Newspapers refpectively, as were required in manner aforefaid; and that the Perfon or Perfons fo applying was or were actually a Prifoner or Prifoners on the faid Sixth Day of November One thoufand eight hundred and thirteen, in the Prison or Gaol in which his, her or their Name or Names is or are fpecified in a Lift delivered in at fuch Firft or Second Seffions, or any Adjournment thereof, or in fome other Prifon or Gaol as aforefaid, in purfuance of this Act; fhall in open Court at the faid General Quarter Seffions or General Seffions, or any Adjournment thereof, fubfcribe or deliver in a true Schedule or Account of all his or her Real Estate in Poffeffion, Reverfion, Remainder or Expectancy, and of any other Nature and Kind whatfoever, and alfo the Whole of his or her Perfonal Estate

F4

which