Petition filed.

Prisoner to make Assignment to Provisional Assignee of his Property, except Wearing Apparel, &c. not exceeding 201.

Court may order Allow

ance for Sup

sons at whose Suit or Prosecution he or she shall, at the Time of
presenting such Petition, be detained in Custody, and the Amount
of the Debts and Sums of Money, and also of such Costs as
aforesaid, so far as the Amount of such Costs is ascertained, for
which such Prisoner shall be so detained, and shall pray to be
discharged from Custody, and to have future Liberty of his or
her Person against the Demands for which such Prisoner shall be
then in Custody, and against the Demands of all other Persons
who shall be or claim to be Creditors of such Prisoner at the Time
of presenting such Petition; which Petition shall be subscribed by
the said Prisoner, and shall forthwith be filed in the said Court;
and such Prisoner shall, at the Time of subscribing such Petition,
duly execute a Conveyance and Assignment to the Provisional
Assignee of the said Court, in such Manner and Form as the said
Court shall direct, of all the Estate, Right, Title, Interest and
Trust of such Prisoner, to all the Real and Personal Estate and
Effects of every such Prisoner, excepting the Wearing Apparel
and Bedding, and the Working Tools, Implements and other such
Necessaries of such Prisoner, and his or her Family, not ex-
ceeding in the whole the Value of Twenty Pounds, so as to vest
all such Real and Personal Estate and Effects in the said Pro-
visional Assignee of the said Court; subject to a Proviso, that in
case such Prisoner shall not obtain his Discharge by virtue of this
Act, such Conveyance and Assignment shall, from and after the
Dismissal of the Petition of such Prisoner praying for his Dis-
charge, be null and void to all Intents and Purposes.

IX. Provided always, and be it further enacted, That the said Court shall and may order and direct such Provisional Assignee, port of Prisoner. or such Assignee or Assignees as are hereinafter mentioned, to pay out of the said Estate and Effects before mentioned, to the said Prisoner, such Allowance for his or her Support and Maintenance, during such Prisoner's Confinement in actual Custody, as to the said Court shall seem reasonable and fit.

When Petition

to deliver in Schedule of Debts, Property, &c. as herein mentioned.

X. Provided always, and be it further enacted, That such is filed, Prisoner Prisoner shall, within the Space of Fourteen. Days next after such Petition shall have been filed, or within such further Time as the said Court shall think reasonable, deliver into the said Court a Schedule, containing a full and true Description of all and every Person and Persons to whom such Prisoner shall be then indebted, or who to his or her Knowledge or Belief shall claim to be his or her Creditors, together with the Nature and Amount of such Debts and Claims respectively, distinguishing such as shall be admitted from such as shall be disputed by such Prisoner; and also a full, true and perfect Account of all the Estates and Effects, Real and Personal, in Possession, Reversion, Remainder or Expectancy of such Prisoner; and also of all Places of Benefit or Advantage, whether the Emoluments of the same arise from fixed Salaries or from Fees, or partly from the one and partly from the other; and also of all Pensions or Allowances of the said Prisoner, in Possession or Reversion, or held by any other Person or Persons for or on Behalf of the said Prisoner, or of and from which the said Prisoner derives or may derive any manner of Benefit or Advantage; and also all Rights and Powers of every Nature and Kind soever, which such Prisoner or any other Person or Persons

in Trust for such Prisoner, or for his or her Use, Benefit or Ad-
vantage, in any manner whatsoever, shall be seised or possessed of,
or interested in, or entitled unto, or which such Prisoner, or any
Person or Persons in Trust for him or her, or for his or her Benefit,
shall have any Power to dispose of, charge or exercise, for the
Benefit or Advantage of such Prisoner, at the Time of presenting
such Petition, together with a full, true and perfect Account of
all Debts at such Time owing to such Prisoner, or to any Person
or Persons in Trust for him or her, or for his or her Benefit or
Advantage, either solely or jointly with any other Person or Per-
sons, and the Names and Places of Abode of the several Persons
from whom such Debts shall be due or owing, and of the Wit-
nesses who can prove such Debts, so far as such Prisoner can set
forth the same; and such Schedule shall also fully and truly Schedule also
describe the Wearing Apparel and Bedding of such Prisoner, and to describe
his or her Family, and the Working Tools and Implements and Wearing Ap-
other such Necessaries, not exceeding in the Whole the Sum of parel, &c.
Fifteen Pounds, which may be excepted by such Prisoner from
the Operation of this Act, together with the Values of such ex-
cepted Articles respectively; and the said Schedules shall be sub-
scribed by such Prisoner, and shall forthwith be filed in the said
Court.

Court may ap-
point Assig-
nees; and on
their Accept-

ance, Pri

Provisional

Assignee.

XI. And be it further enacted, That when the said Court shall adjudge any Prisoner to be entitled to his or her Discharge, such Court shall appoint a proper Person or proper Persons to be Assignee or Assignees of the Estate and Effects of such Prisoner, for the Purposes of this Act; and when such Assignee or Assignees soner's Estate shall have signified to the said Court their Acceptance of the said to be assigned Appointment, the Estate, Effects, Rights and Powers of every to them from such Prisoner vested in such Provisional Assignee as aforesaid, shall, under the Orders of the said Court, be immediately assigned by such Provisional Assignee or Assignees, in Trust for the Benefit of such Assignee or Assignees, and the rest of the Creditors of every such Prisoner, in respect of or in proportion to their respective Debts, according to the Provisions of this Act; and such How Assignees Assignee or Assignees is and are hereby fully empowered to sue, may sue. from time to time, as there may be Occasion, in his, her or their own Name or Names, for the Recovery, obtaining and enforcing any Estate, Effects or Rights of any such Prisoner; and also to execute any Trust or Power vested in or created for the Use or Benefit of any such Prisoner, but in Trust for the Benefit of such Assignee or Assignees and the rest of Creditors of every such Prisoner, according to the Provisions of this Act; and to give such Discharge and Discharges to any Person or Persons, who shall respectively be indebted to such Prisoner, as may be requisite; and every such Assignment as aforesaid, whether to a Assignment, Provisional or other Assignee or Assignees, shall be entered on the whether proProceedings of the said Court, and an Office Copy of every such visional or Assignment shall be sufficient Evidence thereof; and the same, entered on the together with an Office Copy of the Petition of such Insolvent, Proceedings of and of the Adjudication of the said Court thereon, shall be and Court. be deemed good, full and sufficient Evidence, as against all Persons whatsoever, of the Imprisonment, Insolvency, Discharge and all and every other Matters and Things done under this Act, in

all

other, to be

all Courts, and to all Intents and Purposes whatsoever; and every such Assignment, in whatever Form the same shall be, shall be and be deemed and taken to be good and valid, and effectual to convey to and vest in the Assignee or Assignees named therein, all and every Estate, Property, Power, Benefit, Matter and Thing whatsoever, which such Assignment, according to the true Intent and Meaning of this Act, could or ought to convey; and every such Assignee or Assignees shall, with all convenient Speed, after his, her or their accepting such Assignment as aforesaid, use his, her or their best Endeavours to receive and get in the Estate and Effects of every such Prisoner; and shall, with all convenient Speed, make Sale of all the Estate and Effects of such Prisoner vested in such Assignee or Assignees; and if such Prisoner shall be interested in or entitled to any Real Estate, either in Possession, Reversion or Expectancy, the same, within the Space of Two Months after such Assignment and Conveyance, or within such other Time as the said Court shall direct, shall be sold by Public Auction, in such Manner and at such Place or Places as the major Part of the Creditors of such Prisoner entitled to the Benefit thereof shall, under his, her or their Hand or Hands approve, Thirty Days before any such Sale shall be made, which Approbation shall be given by the Majority of such Creditors, assembled together on any Notice in Writing published in the Dublin Gazette, and in some daily Paper printed and published in Dublin, if the Prisoner, before going to Prison, resided in the City or in the County of Dublin; and if such Prisoner resided elsewhere, then in some printed Newspaper which shall be published and generally circulated in or near the County, City, Town, Liberty or Place in which such Prisoner resided before he or she was committed to Prison; and every such Assignee or Assignees, at the End of Three Months, at the furthest, from the Time of his, her or their accepting any such Assignment or Conveyance as aforesaid, and so from time to time, as Occasion shall require, shall make up an Account of the Estate and Effects of such Prisoner; and make Oath in Writing, before the Chief Clerk of the said Court, or before One or more Justice or Justices of the Peace of the County, City, Town, Liberty or Place in which such Assignee or Assignees shall reside, that such Account contains a just and fair Account of the Estate and Effects of every such Prisoner, got in by or for such Assignee or Assignees, and of all Payments made in respect thereof; and that all Payments in every such Account charged were truly and bona fide made and paid; which Accounts so sworn shall be filed with the Chief Clerk of the said Court; and if it shall appear, that such Assignee or Assignees has or have, in his, her or their hands, any Balance, wherewith a Dividend may be made amongst the Creditors of such Prisoner, whose Debts are expressed in the Schedule delivered by such Prisoner, such Assignee or Assignees shall forthwith declare the Amount of the Balance in his Hands, wherewith such Dividend may be made; and Notice of the making of every such Dividend shall be published in like manner as a Meeting of Creditors is hereinbefore directed to be published, Thirty Days at least before such Dividend shall be made; and every Creditor, whose Debt shall be stated and admitted in the Prisoner's Schedule, shall be

allowed

allowed to receive a Share of such Dividend, unless such Prisoner,
or his or her Assignee or Assignees, or any other Creditor of such
Prisoner, shall object to any such Debt; and in such case the Examination of
same shall be examined into by the said Court, who shall have full them by the
Power for that Purpose to require and compel the Production of Court.
all Books, Papers and Writings which may be necessary to be Production of
produced, as well by the Person or Persons claiming such Debt, Books, &c.
as by the Prisoner against whom the same shall be claimed, or
his or her Assignee or Assignees, and to examine all such Per-
sons and their Witnesses on Oath, as the Nature of the case may
require, and to take all other Measures necessary for the due In-
vestigation of such Claim; and the Decision of the said Court
upon such Claim shall be conclusive with respect to any Dividend
of the Effects of such Prisoner, under the Provisions of this Act.
XII. And be it further enacted, That any Office Copy of any
Record, Proceeding or Instrument of or in the said Court, shall
be attested by the Chief Clerk thereof, who shall be and be
deemed the proper Officer in that Behalf; and that for providing
and attesting any such Office Copy, such Clerk shall be entitled
to receive Two Pence for every Sheet therein, every such Sheet
to contain Seventy two Words and no more, unless the same shall
be the last or only Sheet thereof, in which case such last or
only Sheet may contain any Number of Words not exceeding
Seventy two Words.

· XIII. And Whereas Prisoners discharged by virtue of this Act may be entitled to Annuities for their own Lives, or other ⚫ uncertain Interests, or to reversionary or contingent Interest, or 'to Property under such Circumstances that the immediate Sale thereof for Payment of their Debts may be very prejudicial to them, and deprive them of the Means of Subsistence, which they might otherwise have after Payment of their Debts; and it < may be proper in some cases to authorize the raising of Money by way of Mortgage, for the Payment of the Debts or Part of the Debts of a Prisoner discharged by virtue of this Act, and defraying the Expences attending the Execution of this Act, ' instead of selling the Property of such Prisoner for such Purposes; Be it therefore enacted, That in all such cases it shall be lawful for the said Court to take into Consideration all Circumstances affecting the Property of any Prisoner who shall be discharged by virtue of this Act, either at the time of the Discharge of such Prisoner or at any subsequent time; and if it shall appear to the said Court that it would be reasonable to make any special Order touching the same, it shall be lawful for the said Court so to do, and to direct that such Property as it may be expedient not to sell, or not to sell immediately, according to the Provisions of this Act, shall not be so sold, and from time to time to order and direct in what manner such Property shall be managed for the Benefit of the Creditors of such Prisoner until the same can be properly sold, or until Payment of all such Creditors according to the Provisions of this Act, and to make such Order touching the Sale or Disposition of such Property as to the said Court shall seem reasonable, considering the Rights of the Creditors of such Prisoner to the Payment of their Demands, and the future Benefit of such Prisoner after Payment of his or her

Debts,

Office Copies of Proceedings to be provided and attested by Chief Clerk at 2d. per Sheet.

upon

Debts, and upon such Terms and Conditions with respect to the Allowance of Interest on Debts not bearing Interest, or other Circumstances, as to the said Court shall seem just and fit; and if it shall appear to the said Court that the Debts of such Prisoner can be discharged by means of Money raised by way of Mortgage on any Property of such Prisoner instead of raising the same by Sale, it shall be lawful for the said Court so to order, and to give all necessary Directions for such Purpose, and generally to direct all Things which may be proper for the Discharge of the Debts of such Prisoner, in such manner as may be most consistent with the Interest of such Prisoner, in any Surplus of his or her Effects which may remain after Payment of such Debts. XIV. And be it further enacted, That in case such Prisoner, or any of his or her Creditors, or the said Court, shall at any Time be dissatisfied with the Account of any Assignee or Assignees so rendered Oath as aforesaid, or in case any such Assignee or Assignees shall neglect to render such Account, or shall neglect to dispose of the Property or to collect the Effects of such Prisoner, or shall in any manner waste or mismanage the Estate or Effects of such Prisoner, or shall neglect to make a due Distribution thereof, it shall be lawful for such Court, on the Petition of any such Prisoner or Creditor as aforesaid, to require such Assignee or Assignees to render such Account on Oath as is directed by this Act, if not before rendered, and to examine any Account so rendered, and to inquire into any Waste, Mismanagement or Neglect of the Estate or Effects of such Prisoner, and to direct a proper Administration thereof, and ascertain the Produce of such Estate and Effects to be divided amongst the Creditors of such Prisoner, and to direct the Distribution thereof accordingly, and to require and compel the Production of all Books, Papers and Writings necessary for such Purposes, and to examine all Parties and their Witnesses on Oath, as the case may require, and to take all such Measures as shall be necessary for the compelling and rendering of such Account and the due Investigation thereof, and the proper Disposition and Distribution of the Effects of such Prisoner according to this Act, and to award Costs + any of the Parties as Justice shall require; and the Decisions of the said Court upon all such Matters shall be final and conclusive.

XV. Provided always, and be it further enacted, That all and every Creditor and Creditors of any such Prisoner for any Sum and Sums of Money payable by way of Annuity or otherwise at any future Time or Times, by virtue of any Bond, Covenant or other Securities, of any Nature whatsoever, may and shall be entitled to be admitted a Creditor or Creditors, and shall be entitled to receive a Dividend or Dividends of the Estate of such Prisoner, in such Manner and upon such Terms and Conditions as such Creditor or Creditors would have been entitled unto by the Laws now in force if such Prisoner had become Bankrupt; the Amount upon which such Dividend shall be calculated, and the Terms and Conditions on which the same shall be received, being first settled by the said Court, and without Prejudice in future to their respective Securities, otherwise than as the same would have been affected by a Proof made in respect thereof by

a Cre