me;

any fraud or collufion whatsoever; and that the Schedule now delivered by me and fubfcribed, doth contain to the best of my knowledge, remembrance, and belief, a full, juft, true, and perfect account and difcovery of all the goods, effects, and estates, real and perfonal, either in poffeffion, reverfion, remainder, or expectancy, which I, or any person in trust for me, or for my benefit or advantage, am feifed or poffeffed of, interested in, or intitled to; and of all debts as are to me owing, or to any perfon or perfons in trust for and of all the fecurities and contracts whereby any money now is, or will or may hereafter become payable, or any benefit or advantage may accrue to me, or to my ufe, or to any perfon or perfons in trust for me; and the names and places of abode of the feveral perfons from whom fuch debts are due and owing; and of the witnesses that can prove fuch debts or contracts, if any fuch there be; and that neither I, nor any other person or perfons in truft for me, or for my ufe, have any lands, money, flock, or any eftate, real or perfonal, in poffeffion, reverfion, or remainder, or expectancy, other than what are in the faid fchedule contained; except wearing apparel, and bedding for myself and family, working tools, and neceffary implements for my occupation and calling, and thefe in the whole not exceeding the value of ten pounds; and that I have not, nor any body for me hath, directly or indirectly, fold, leffened, or otherwife conveyed, difpofed of in trust, or concealed, all or any part of my lands, money, goods, chattels, flock, debts, fecurities, contracts, or eftate, real or personal, whereby to fecure the fame, or to receive or expect any profit or advantage thereof, or with intent to defraud or deceive any creditor or creditors, to whom I am or was indebted in any wife howsoever.

So help me GOD.

the court;

And the faid schedule and oath fhall be by every fuch prifoner Schedule and subscribed in the prefence of the juftices in open feffion of the oath to be peace as hereby is directed, and shall be kept by, and remain with fubfcribed in the clerk of the peace for the county, city, liberty, divifion, and lodged town, or place, where the fame fhall be fubfcribed and taken, with the clerk for the better information of all the creditors of fuch prifoner of the peace, who fhall defire, or may have occafion, to refort thereto; and for the exaevery fuch creditor fhall be at liberty at seasonable times in the mination of day-time, to perufe and examine over the fame.

the creditors.

oath to the

X. And be it further enacted, That the juftices within Court, if retheir respective jurisdictions, at any fuch general or general quar- quired by the ter feffion, or adjournment thereof, at the request of any creditor creditor, may or creditors of any fuch prifoner, are hereby authorized to caufe adminifter an the deputy warden and marshal of the Fleet and King's Bench gaoler, or any prifon, and any other under officer, tipftaff and turnkey of any other perfon, gaol or prifon, and any other person to come before them, and touching any to examine them refpectively on oath, touching any of the mat- of the matters prescribed to ters contained in any of the oaths prefcribed by this act to be taken, and the truth thereof; and if the oath which fhall have been taken in open court by any fuch prifoner or prifoners shall not be difproved by good teftimony of any credible person or

Bb3

per

be fworn to.

the gaoler.

to vest in the

clerk of the

peace,

perfons on oath, and fuch juftices, or the major part of them, The prifoner's oath not prefent at any fuch general or quarter feffion, fhall be fatisfied being difprov- with the truth of the oath taken by any fuch refpective prifoner, ed, the court then fuch juftices fhall, in fuch feffion, or fome adjournment is to discharge thereof, command the said sheriff or sheriffs, gaoler or gaolers, him; or keeper of fuch prifon or prifons, forthwith to fet at liberty fuch prifoner or prifoners, without having or taking any fee or upon paying a reward, other than one fhilling for his or their attendance with fee of is. to fuch prifoner or prifoners at fuch general or quarter feffion, or any adjournments thereof, in order for his, her, or their dif charge, and which every fuch fheriff or fheriffs, gaoler or gaolers, keeper or keepers of fuch prifon or prifons, is and are hereby authorized to receive and take for every fuch order: Gaoler indem- and every fuch order fhall be a fufficient difcharge to the sheriff nified for the or sheriffs, gaoler or gaolers, or keeper of fuch prifon or prifons, escape. and fhall indemnify him or them against any escape or escapes, or action or actions whatsoever for efcape, which fhall or may be brought, commenced, or profecuted against him or them. XI. And be it further enacted by the authority aforesaid, Eftate and ef. That all the eftate, right, title, intereft, and truft, of fuch fects of the prisoner, of, in, and unto, all the real eftate, as well freehold prifoner, upon and copy as customary hold, and to all the perfonal estate, debts, his difcharge, and effects, of every fuch prifoner, fhall, immediately after the discharge of any fuch prisoner, be, and the fame is hereby vested in the clerk of the peace of and for the county, riding, city, town corporate, divifion, liberty, or place, where any fuch priwho is to make foner fhall be refpectively discharged; and every fuch clerk of over the fame the peace is hereby directed and required to make an affignment to the affignees named by the and conveyance of every fuch prisoner's eftate and effects, vested in fuch clerk of the peace as aforefaid, to such creditor or creditors of the faid prifoner as the juftices at any general or general quarter feffion of the peace, or at any adjournment thereof, which fhall be held by them within their respective jurifdictions, fhall order or direct (which affignment and conveyance fhall be good and effectual in law to all intents and purposes whatsoever, without being wrote on parchment or paper tamped) and to veft the eftates thereby affigned and conveyed, in the party or parties to whom the fame fhall be so affigned and conveyed, his, her, and their heirs, executors, administrators, and affigns, according to the eftate and intereft the prifoner had for which he therein; and for the preparing, ingroffing, and executing, of is to be paid which affignment and conveyance, no clerk of the peace fhall take any greater fee than two fhillings; and every fuch affignment and conveyance fhall be in truft for the benefit of the creditor or creditors of every fuch prifoner to whom the fame shall be made, and the rest of the creditors of fuch prisoner, in refpect or in proportion to their refpective debts: and every perAffignees im- fon and perfons to whom any fuch affignment and conveyance powered to as aforefaid shall be made, is and are hereby fully impowered to fue, from time to time, as there may be occafion, in his, her, or their own name or names, for the recovery and attain

court.

2s and no more.

fue,

and execute

any trust or

f. &ts of the

eltate, in man

ditors fum

and make a

ing any estate or effects of any fuch prifoner, and also to execute any truft or power vested in, or created for, the ufe or benefit of any such prisoner; but in truft, for the benefit of him power in the or themselves, and the rest of the creditors of every fuch prifoner; prifoner's beand to give discharge and discharges to any debtor or debtors to half; any fuch prifoner as thall be requifite: and every fuch affignee and give dif charges. and affignees fhal, with all convenient speed after his or their They are to accepting any fuch affignment or conveyance, use his and their get in, with all best endeavours to receive and get in the estate and effects of peed, the every fuch prifoner; and thall, with all convenient fpeed, make state and effale, or difpofition of fale, of all the eftates of such prisoner prifoner, vefted in fuch affignee or affignees; and if any fuch prifoner and make shall be interested in, or intitled to, any real estate, either in pof- fale, within feffion, revertion, or expectancy, the lame, within the fpace of 2 months, of two months after every fuch affignment and conveyance, fhall prifoner's real be fold by publick auction in fuch manner, and at fuch place, ner agreed upas the major part of the creditors of any fuch prifoner who fhall on at a meetaffemble together on any notice in writing published in the Lon- ing of the credon Gazette, or in fome daily paper, if the prifoner before his moned for that going to gaol refided in London, or in the weekly bills of morta- purpofe; lity, and if elsewhere, then in fome news paper which shall be published in or near the county, riding, divifion, city, town, liberty or place, in which fuch prifoner dwelt before he or the was committed to gaol, thirty days before any fuch fale fhall be made, fhall, under his hand, or their hands, agree on: and every such from affignee and affignees, at the end of three months at fartheft dividend the time of his accepting any fuch affignment or conveyance as within 3 aforefaid, thall make a juft and fair dividend of all fuch prifoner's months; eftates and effects which thall have been then got amongst his or her creditors, in proportion and in regard to each creditor's refpective debts; but before any fuch dividend fhall be made, first making fuch affignee or affignees fhall make up an account of such pri- up their acfoner's eitate and make oath in writing before one or more counts, and juftice or juftices of the peace of the county, riding, divifion, verifying the town, liberty, or place, in which any fuch prifoner thall have been discharged, that every such account contains a just and fair account of the estate and effects of every fuch prifoner got in by or for fuch affignee or affignees, and of all payments made in refpect thereof, and that all payments in every fuch account charged, were truly and bona fide made and paid; and notice of 30 days nothe making of every fuch dividend thall be published in like tice to be giv en of making manner as a meeting of creditors is herein before directed to be any dividends, published, thirty days at least before the fame fhall be made and none to and no creditor fhall be allowed to receive any thare of fuch receive any dividend, until he thall have made out the juftness and identity fhare thereof bur fuch as of his refpective debt by oath, or due proof in writing, before all prove fome fuch juftice or justices; and if any creditor of fuch prifoner their debis. hall be diflatisfied with the reality or fairnes of any debt Debts entered, claimed by any other creditor, then the fame, at the request of to be examinany fuch creditor or creditors fo diffatisfied, thall be examined determined by into by the juftices of the county, riding, divifion, city, liber- the court.

Bb 4

fame upon

ty,

oath.

ed into and

ty, or place, in which fuch prisoner fhall have been discharged, Surplus of the at their next general or general quarter feffion, and what they prifoner's efhall there determine in the premiffes, fhall be conclufive to all ftate, after fa- parties and if, after payment of all fuch prisoner's creditors, there shall any of his eftate and effects remain after payment of all reasonable charges, the fame fhall be paid to fuch prisoner, his executors or adminiftrators.

tisfying all

claims there

on, to go to the prifoner.

No fuit in equity to be commenced,

but by confent of the majority in value of the creditors.

of is. the

schedule of

fects:

XII. Provided further, and be it also enacted, That no fuit in equity thall be commenced by any affignee or affignees of any fuch prifoner's estate and effects, without the consent of the major part, in value, of the creditors of fuch prifoner, who shall meet together pursuant to a notice to be given in the London Gazette for that purpose.

XIII. And be it further enacted by the authority aforefaid, Clerk of the That the clerk of the peace of every refpective county, city, and peace to excounty town, and county, riding, divifion, cinque port, liberhibit to the creditor, or ty, and place, with whom any schedule of the estates of any his attorney, infolvent debtor or debtors, fugitive or fugitives, fhall be left, upon payment and his fucceffors, clerks of the peace as aforefaid, fhall, on the reasonable request of any creditor or creditors of such infolthe prifoner's vent debtor or debtors, fugitive or fugitives, or his or their atetate and e- torney, produce and fhew to fuch 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 predeceffor in that office; the perfon fo requiring to fee and peruse any such schedule, paying or tendering to the clerk of the peace, in whofe cuftody any fuch fchedule fhall be, or his deputy, the fum of one thilling, for his trouble in searching for, and looking out, fuch schedule, and attending whilft the fame fhall be perused by the party or parties requiring to have the fame looked out, and to perufe the fame; and that a true copy of every such schedule, figned by the clerk of the peace in whofe cuftody the fame fhall be, or his deputy, purporting, the fame to be a true copy of fuch schedule, without being wrote on ftamp paper, and for which copy no more thall be paid than fix pence by the sheet, which shall be each sheet to contain ninety words, and fo in proportion for a leffer number of words in any sheet, fhall, at all times, be admitted in all courts whatsoever as legal evidence of the fame: Clerk of the and if any clerk of the peace, or his deputy, thall, on reasonpeace refufing able requeft as aforefaid, neglect or refufe to produce to any fuch to produce fuch schedule, creditor or creditors as aforefaid, or his or their attorney, any or to deliver a fuch schedule as aforefaid, and to permit the fame to be infpectcopy thereof, ed as aforefaid, in the day-time, on fuch payment or tender as or taking ex- aforefaid, being made to him; or fhall afk or take more than after the rate of fix pence by the fheet, each fheet to contain ninety words, and fo in proportion for lefs than ninety words in a fheet; or fhall refufe' to make and deliver a copy of any fuch fchedule, on being requested as aforefaid fo to make the fame, and having the money tendered to him for payment of such copy, after the rate aforefaid; fhall, for every fuch offence, for

attefted copy thereof to be granted;

evidence in all courts.

orbitant fees for the fame,

feit and pay the fum of ten pounds, which fhall and may be forfeits 10l. fued for and recovered in any of his Majefty's courts of record and treble at Westminster, by action of debt, together with treble cofts of cofts; fuit, in the name of any person who will profecute for the fame: one moiety to and one moiety of which money forfeited, fhall, when recover- the profecued, go to the party who profecutes for the fame, and the other other to the moiety thereof to the poor of the parish in which the offence poor of the fhall be committed. parish.

tor, and the

XIV. Provided always, and be it enacted, That before fuch Affignees of time as any affignee or affignees, as aforefaid, thall enter on, copyhold and or take any profit from, any copyhold or customary estate as cuftomary eaforefaid, he or they fhall agree and compound with the lord or ftates to comlords of the manor or manors of whom the fame fhall be hold-pound with the lord of en, for the payment of fuch fine or income as, upon any fur- the manor, render and admiffion thereto, hath heretofore been moft ufually accustomed to be paid; and that upon every such agreement or and to be adcompofition, the faid lord or lords for the time being, at the mitted tenants next court, or fome fubfequent court, which fhall be holden for thereupon. the said manor or manors, after such agreement made, shall admit fuch affignee or affignees tenant to fuch copyhold or customary premiffes, according to the cuftom of the faid manor or manors of which the fame shall be holden, for and during fuch estate and intereft as the prisoner had therein at the time of his or her being discharged as aforefaid, referving the rents, duties, heriots, customs, and fervices, payable and to be rendered in refpect of the faid copyhold and customary premiffes.

only to be af.

XV. Provided alfo, That nothing herein contained fhall The prifonextend to prejudice or affect any estate, or intereft, or right er's, &c. right whatsoever, of any other perfon or perfons, other than the and intereft faid prifoner or fugitive, which may be expectant upon, or fub- fected by this ject unto, the eftate or intereft of the faid prifoner or fugitive act. hereby vested in the faid clerk of the peace; but that the estate, interest, and right whatsoever, of every other person and persons, fhall remain, continue, and be faved to them, in the fame manner as if this act had not been made.

over to the

XVI. Provided further, and be it enacted by the authority Effects on the aforesaid, That where any rent, not exceeding two years rent, where rent is premiffes, shall be due to any perfon or perfons from fuch prifoner or pri- due, are to be foners, at the time of his or their respective discharges, in refpect transferred to to any meffuages, lands, or tenements, then in leafe to fuch pri- the landlord, foner or prisoners refpectively, for life or lives, for years, at will, and not made or otherwife, no goods or chattels then lying or being in or up- affignees; on the respective tenements, liable to be diftrained, thall be affigned by the clerk of the peace in manner aforefaid, but fhall, by fuch clerk of the peace, be transferred to fuch landlord or landlords, or fome perfon or persons intrusted for him or them respectively, towards fatisfaction of the rent then due, not exceeding two years rent, as aforefaid, unless the perfon or per- unless they fons to whom fuch affignment and conveyance fhall be made thall agree to by fuch clerk of the peace, fhall, by writing under his hand, fatisfy the or their respective hands, before fuch affignment fhall be made, landlord,

6

agree