fuch Sheriff's Officer, Serjeant at Mace, or other Person as aforefaid, embezzled, concealed or converted to his, her or their own Ufe.

Money, &c.

under falfe Pretences, &c.

• XXXIV. And whereas many evil difpofed Perfons, to support their profligate way of Life by various fubtile Stratagems, Threats and Devices, and under affumed and fictitious Name or Names for the Purpose of obtaining Credit, have fraudulently ⚫ obtained divers Sums of Money, or Securities for Money, Goods and Merchandizes, to the great Injury of Trade and Credit;' Be it enacted, That no Prifoner, who knowingly and defignedly, by Nor to Perfons falfe Pretence or Pretences, or under any fictitious Name or Names obtaining affumed for the Purpose of obtaining Credit, fhall have obtained from any Perfon or Perfons Money, Goods, Wares, Merchandize, Bonds, Bills of Exchange, Promiffory Notes, or other Securities for Money, fhall have or receive any Benefit or Discharge by or under 10 Years. this Act; but on due Proof of such fraudulent Conduct as aforefaid, the Juftices fhall remand fuch Prisoner to the Cuftody of the Gaoler or Keeper of the Prifon from which he or she fhall have been brought up to take the Benefit of this Act; any thing herein contained to the contrary notwithstanding; except where fuch Perfon fhall have been confined in Prifon for the Space of Ten Years laft paft.

except confined

any Infolvent

Act, for fraudulently obtaining Money, &c.

XXXV. Provided always, and be it further enacted, That the Evidence of Truth of each of the Objections and Exceptions aforefaid againft Objections the obtaining the Benefit of this Act, fhall be proved by the given. Teftimony upon Oath of One or more credible Witnefs or Witnesses, or other legal Proof or Evidence admiffible in a Court of Law: Provided always, that no Prisoner, who fhall have been remanded to Nor to Prifon Prifon under any A&t heretofore paffed for the Relief of Infolvent ers remanded to Debtors, for having fraudulently obtained Money, Goods or Prifon under Securities for Money on falfe Pretences, or for having fecretly or fraudulently removed Stock, Cattle or other Effects, which were fubject or liable to be detained for Rent, or who fhall have loft or forfeited the Benefit of any fuch former Act, by having made any fraudulent Sale, Transfer, Conveyance or Affignment, fince his or her Imprisonment, to the Prejudice of his Creditor or Creditors, or who fhall have fraudulently obtained a Discharge under fuch former A&t, or shall have taken a falfe Oath under fuch Act, fhall have or receive any Benefit or Discharge under this Act, but shall be remanded to Prison as aforefaid by the Juftices before whom he or fhe fhall be brought up to take the Benefit of this Act: Provided always, that fuch Objections or Exceptions were supported by fuch Proof or Evidence as is hereinbefore provided and directed to be made under this prefent Act, and not otherwife; and that no Perfon fhall be permitted to make the Objections in this Act mentioned against any Prifoner, except a detaining Creditor, or fuch Perfon or Persons as have commenced their Action or Actions against fuch Prifoner previous to the Sixth Day of November laft paft grounded on the Matters in the faid Exceptions mentioned: Provided alfo, that no Perfon charged in Execution for Damages Nor to Perfons recovered in any Action for Criminal Converfation with the Wife charged in Exeof the Plaintiff in fuch Action, or in any Action for feducing or cution for Dacarnally knowing the Daughter or Female Servant of the Plaintiff, mages recovered or in any Action for a malicious Profecution, or in any Action in any Action for any other malicious Injury, fhall have any Benefit under this Act, for riminat 54 GEO. III. Conversation, except

G.

&c except contined 10 Years.

Nor to Perfors

except only in cafes where the Plaintiff in fuch Actions respectively fhall be dead, and no Perfon fhall have obtained Probate of the Will or Letters of Adminiftration of the Effects of fuch Plaintiff within Twelve Months after his Decease; and except where fuch Perfon fhall have been confined in Prifon for the Space of Ten Years laft paft.

• XXXVI. And whereas many Debtors for Rents of Lands, Meffuages, Houfes and other Premifes, have, with fraudulent Intent to difappoint the Right of their refpective Landlords, removed the Stock, Cattle, Furniture, Goods or other Effects, which were sub'ject or liable to be diftrained for the Satisfaction of the faid Rents;' Be it therefore enacted, That no Prifoner or Prisoners, who, in a secret, removing Effects clandeftine or fraudulent manner, fhall have removed or caused to be of Value of 31. removed within Six Years, any fuch Stock, Cattle, Furniture, able to be dif Goods or Effects of the Value of Thirty Pounds or upwards, which were fubject or liable to be diftrained by their refpective Landlord or Landlords for or in Payment of fuch Rent or Rents, whereby fuch Landlord or Landlords fhall have loft all or fome Part of the Rent or Rents due to him, her or them as aforefaid, fhall be difcharged by or under this A&t, but shall be remanded in manner hereinbefore mentioned; provided fuch Proof fhall be made thereof as fhall be fatisfactory to the Juftices before whom such Prisoner fhall be brought up to take the Benefit of this Act, except where fuch Perfon fhall have been confined in Prison for the Space of Ten Years laft paft.

trained for Rent, except confined FO Years.

Nor to Perfons felling or affign

• XXXVII. And whereas many Debtors have, with a view to defraud their Creditors, fold, transferred, conveyed or affigned their Eltate or Effects to fome Perfon or Perfons, fubfequent to their being in Cuftody of Law or imprisoned under fome Procefs for Debt: And whereas fuch Sale, Transfer, Conveyance or Affignment hath been fraudulently made, to the Injury of his Creditor or Creditors, though it hath been difficult to convict the Party of a fraudulent Defign;' Be it enacted, That whenever it fhall be proved that fuch Prifoner has fold, transferred, conveyed or affigned to any Perfon or Perfons all or any Part of his Eftate or Effects, with an Intent to defraud or delay his or her Creditors, or without fined 10 Years juft Caufe for fo doing, to be determined by the Juftices before whom fuch Prifoner fhall be brought up to take the Benefit of this Act, every fuch Debtor fhall lofe all the Benefits and Advantages that he might have otherwife claimed under the Authority of this Act, and shall be remanded in manner hereinbefore mentioned; and every fuch Sale, Transfer, Conveyance or Affignment is hereby declared null and void, except where fuch Perfon fhall have been confined in Prifon for the Space of Ten Years last past.

ing Effects to defraud Creditors, except con

Nor to Perions
Jofing Money at
Play, except
confined ro
Years.

XXXVIII. And whereas many Prisoners fquander and expend great Part of their remaining Property by playing at Cards, Dice or other unlawful Games, to the great Injury of their Creditors ;' Be it enacted, That nothing in this Act fhall extend or be construed to extend to discharge or release any Prifoner who hath or fhall have loft, in any one Day fince the Date of his Commitment to Prifon for any Debt with which he ftood charged on the Sixth Day of November laft, the Sum or Value of Twenty Pounds, or in the Whole fince fuch Commitment as aforefaid, the Sum of One hundred Pounds, in playing at or with Cards, Dice, Tables, Tennis, Bowls,

15

Bowls, Billiards, or other Game or Games whatfoever, or in or by bearing a Share or Part in the Stakes, Wagers or Adventures, or in or by betting on the Sides or Hands of fuch as do play as aforefaid; but on due Proof thereof to the Satisfaction of the Juftices. affembled at fuch Quarter Seffions or Adjourned Seffions before which fuch Prifoner fhall be brought, it shall be lawful for fuch Juftices, and they are hereby required to remand fuch Prisoner to Gaol; any thing hereinbefore contained to the contrary notwithftanding, except where fuch Perfon fhall have been confined in Prison for the Space of Ten Years last past.

Prifon to be

feen.

XXXIX. And be it further enacted, That every Gaoler or Gaolers not perKeeper of any Prison fhall and is hereby required to fuffer any mitting PrisonPerfon or Perfons defiring the fame, to fee and speak with in the ers to be spoken Day-time either in the Lodge or other convenient Room in the in Books of with, or Entry faid Prison, any Prifoner or Prifoners whofe Names are inferted in the before mentioned Lift or Lifts, or the London Gazette or other Newspapers, in manner aforefaid, and also to see in the true and genuine Books of the faid Prison the Entries made of the Name or Names of such Prisoner or Prisoners, Debtor or Debtors, together with the Name or Names of the Perfon or Perfons at whose Suit or Suits he, fhe or they are or were detained; and if any fuch Keeper or Gaoler fhall refufe or neglect to comply with what is hereby above required, every fuch Gaoler or Keeper who fhall fo offend in the Premises, fhall forfeit and pay to the Perfon fo refufed and aggrieved the Sum of Forty Pounds, to be recovered with Penalty. Cofts of Suit by Action of Debt, Bill, Plaint or Information, in any of the Courts of Westminster, wherein no Effoin, Protection, Wager of Law or more than One Imparlance fhall be allowed, by and in the Name or Names of the Perfons fo refused and aggrieved.

XL. And be it further enacted, That if any Gaoler or Keeper, Gaoler or deputed Gaoler or Keeper of any Prifon or Prifons fhall make making false or caufe to be made any falfe Entries in any Book or Books belong- Entries. ing to any Prison or Gaol under his Care, or of which he is or was Gaoler, or fhall prepare or keep, or caufe to be prepared or kept, any falfe Book or Books, in order for any falfe or untrue Entry or Entries to be made therein, or fhall infert in any Lift to be delivered in as aforefaid, the Name or Names of any Person or Perfons who was or were not in actual Cuftody as aforefaid, except as in the Oath of any fuch Gaoler or Keeper or deputed Gaoler or Keeper fhall be excepted, every fuch Gaoler or Keeper or deputed Gaoler or Keeper fhall, over and above the Penalties which he fhall be liable to for every fuch Fraud, forfeit and pay the Sum of Five hundred Pounds, to be recovered with Treble Penalty. Cofts of Suit, by and in the Name and for the Use of any Perfon or Perfons who fhall be prejudiced by any fuch falfe Entry or Entries, which Penalties fhall and may be recovered by Action of Debt, Bill, Plaint or Information in any of His Majefty's Courts of Record at Westminster, wherein no Effoin, Protection, Wager of Law or more than One Imparlance fhall be allowed.

XLI. And be it further enacted, That if any Debtor, being Debtors refufing thereunto required by any Creditor or Creditors, fhall refufe to come to difcover to the Lodge of the Prifon in which any fuch Prisoner fhall be Trade and confined, or when come to fuch Lodge fhall refuse to difcover and Abode of Per. declare the Trade or Occupation and the laft Place of Abode or

G 2

Habitation,

fon at whose Suit detained,

of Act.

excluded Benefit Habitation, to the best of his or her Knowledge or Belief, of the Perfon or Perfons at whofe Suit he or she was detained or charged in Cuftody, without some reasonable Caufe being fhewn for fuch Refufal, every fuch Debtor, on Proof being made thereof before the Juftices at any General or Quarter Seffions of the Peace or any Adjournment thereof, to be held as aforefaid, fhall not have or receive any Benefit or Discharge by or under this Act; any thing herein contained to the contrary thereof in any wife notwithstanding.

XLII. Provided always, and be it hereby enacted, That it fhall not be lawful for any Juftice or Juftices of the Peace for the faid County of Surry to iffue his or their Warrant or Warrants for the bringing up of any Prifoner or Prifoners in order to his, her or their Discharge under the Provifions of this Act, at any Quarter Seffions or Adjourned Seffion of the Peace, other than fuch as fhall be holden at the Seffions House in Horfemonger Lane, in the Parish of Newington aforefaid.

XLIII. And whereas there is but one Common or County Gaol for each of the refpective Counties of York or Lincoln, which faid Counties are each of them divided into feveral Ridings ' or Divisions, all of which have feveral Commiffions of the Peace; and if the Gaoler of these Gaols be obliged to carry the Debtors Prisoners therein, to the Quarter Seffions of fuch Riding or Divifion, the fame will be a very great Charge, not only to fuch Gaoler but also to the Prifoners in thefe large Counties;' Be it therefore enacted by the Authority aforefaid, That it fhall and may be lawful for Two or more Juftices of the Peace for any of the Ridings or Divifions in the refpective Counties (or any other County or Counties where the Prifons are at a Distance from the Place where the Seffions are held), at the Common or County Gaol thereof respectively, or at any other Gaol or Gaols within the faid Counties, or at fome convenient Place near thereto, and they are hereby required to affemble and meet and to hold Seffions there by Adjournment from their refpective Quarter Seffions from time to time, for the Discharge of the respective Prisoners therein, according to the Powers, Limitations and Directions of this Act.

XLIV. And whereas the District or Divifion of Holland in the faid County of Lincoln, is diftant near Forty Miles from the faid County Gaol, and it is highly inconvenient and expenfive for the Juftices of the Peace acting for the faid Divifion, to be obliged to travel to the faid Gaol, for the fole Purpose of discharging the Prifoners under the Powers by this A&t given;' Be it therefore enacted, That, for the feveral Purposes aforefaid, the Juftices for the faid Divifion or Diftrict of Holland may adjourn their original Seffions to the County Gaol, or to fome Place near thereunto; and it fhall and may be lawful for any Two Juftices of the Peace acting either for the Parts of Lindley, Kefteven or Holland, to hold fuch Adjourned Seffions for the fole Purpofe of discharging fuch Prifoners, Notice of the Adjournment of fuch original Seffions being given by the Clerk of the Seffions to fuch Juftices, and who shall attend there to regifter the Proceedings of the faid Court, fo far as the fame relate to or affect the Discharge of any Prifoner detained for Debt in the Divifion of Holland, and claiming the Benefit of this Act. XLV. And be it further enacted, That all Debtors and others, who were in Prison on or before the faid Sixth Day of November One

Act not to ex

tend to Debtors

of the Crown

Offenders 2ga nft

One thousand eight hundred and thirteen, in any of the Gaols of Prifon Fees, England, and now remain, for not paying their Fees, Rent or other discharged. Demand due or claimed as due to the Keeper or Keepers of any Prifon respectively, or to any other Officer of fuch Prison, and upon no other account, fhall be discharged therefrom, he, fhe or they taking the Oath by this Act required to be taken by Prisoners. XLVI. Provided always, and it is hereby further enacted, That this Act fhall not extend or be conftrued to extend to difcharge any Prifoner feeking the Benefit of this Act, with respect of any Debt or Penalty with which he or she shall ftand charged at the Suit of The the Revenue, Crown, or of any Perfon for any Offence committed against any &c. unless Trea A&t or Acts of Parliament relative to His Majefty's Revenues of fury content. Cuftoms, Excife, Stamps or Salt Duties, or any of them, or any Branches of the Public Revenue, or at the Suit of any Sheriff or other Public Officer upon any Bail Bond entered into for the Appearance of any Perfon profecuted for any Offence committed against any Act or Acts of Parliament relative to His Majesty's faid Revenues of Cuftoms, Excife, Stamps or Salt Duties, or any other Branches of the Public Revenue, unless any Three of the Lords Commiffioners of His Majefty's Treafury for the time being fhall certify their Confent, under their Hands, to the faid Juftices at their faid Seffions or Adjournment thereof, for the Discharge of such Prifoner as aforefaid.

• XLVII. And whereas under former Acts Creditors have been put to great Expence and Trouble in attending every Seffions and Adjournment, during the whole Continuance of this A&t, to 'oppose the Discharge of Debtors clearly excluded from any Benefit • under the faid refpective Acts, but who, after having been before one Seffions and refused a Difcharge, or having given Notice of his or her Intention to be brought up as required by this Act, and not procuring himself or herself to be brought up conformably to fuch Notice, gave fresh Notices for each fubfequent Seffions and Adjournment of their intended Application to be discharged, with the fole View of haraffing and fubjecting to Inconvenience their Creditors; To remedy which, be it further enacted by the Determination Authority aforefaid, That in all cafes whatever the Determination of of Juftices final, the Juftices in Seffions or Adjournment fhall be final to all Intents unless Debtor and Purposes, unless the Debtor fhall get rid of the Objection or jections to Dif gets rid of ObObjections for which they refused his Discharge; and that the fame charge. may be clear and certain, the Juftices are hereby required to ftate the Objections why fuch Debtor's Discharge is refufed by them; and in all cafes whatever it shall and may be lawful to and for the Juftices, at fome one subsequent Seffions within the Space of Twelve Calendar Months after he fhall have been fo remanded, upon Application of the Prisoner, and due Proof on Oath or otherwise to the Satisfac tion of the Juftices in Seffions or Adjournment, of fuch Objection or Objections being removed, and on Proof of Notice served at least Twenty Days previous to fuch Application on the Creditor or Time within Creditors who before oppofed his Difcharge, or on fatisfactory which Justices Reafons being given to the faid Court why he or he was not may discharge. brought up comformably to fuch Notice, and of Notice likewife inferted in the London Gazette in manner before directed by this Act, to order fuch Prisoner to be brought before them; and if they then shall be of Opinion that the said Debtor is entitled to the Benefit

G 3