a Creditor under a Commission of Bankrupt, and a Certificate obtained by the Bankrupt under such Commission.

How far
Suits not to be

commenced

XVI. Provided also, and be it enacted, That no Suit in Law be proceeded in further than an Arrest in Mesne Process, or Suit in Equity be commenced by any Assignee or Assignees of any without Conthe Estate and Effects of any such Prisoner, without the Consent sent of Majority of the major Part in Value of the Creditors of such Prisoner, who in Value of shall meet together pursuant to a Notice to be given Fourteen Creditors. Days at the least before such Meeting, in the Dublin Gazette or other Newspaper which shall be published in the Neighbourhood of the last Residence of such Prisoner, for that Purpose, nor without the Approbation of the said Court.

<

• XVII. And Whereas many Persons who may claim the Benefit, or be brought within the Operation of this Act, may be seised and possessed of Lands and Tenements and Hereditaments, to hold for the Term of their natural Lives, with Power ' of granting Leases and taking Fines, reserving small Rents on such Estate, for One, Two or Three Lives in Possession or Reversion, or for some Number of Years determinable upon Lives, or have Powers over such Real or Personal Estate, which such Prisoners could execute for their own Advantage, ' which said Powers ought to be executed for the Benefit of the • Creditors of such Prisoners;' Be it therefore enacted, That in every such case, all and every the Powers of leasing such Lands, Tenements and Hereditaments, and all other such Powers as aforesaid, over such Real or Personal Estates, which are or shall be vested in any such Prisoner as aforesaid, shall be and are hereby vested in the Assignee or Assignees of the Real and Personal Estate of such Prisoner, by virtue of this Act, so far as the Prisoner could by Law vest such Power in any Person to whom he might lawfully have conveyed such Property, to be by such Assignee or Assignees executed for the Benefit of all and every the Creditors of such Prisoner as aforesaid.

XVIII. And be it further enacted, That it shall and may be lawful, at all times hereafter, for any Assignee or Assignees of the Estate or Effects of any Prisoner, by and with the Consent of the major Part in Value of the Creditors of such Prisoner, who shall be present at a Meeting to be had on Fourteen Days' Notice previously given for the Purpose hereinafter mentioned in the Dublin Gazette, if the Prisoner shall have been in Custody in the City or in the County of Dublin, and if not, then also in some Newspaper which shall be published in the County, City or Place in or near which such Prisoner shall have been in such actual Custody; and with the Approbation of the said Court, to make Compositions with any Debtors or Accountants to such Prisoner, where the same shall appear necessary and reasonable, and to take such reasonable Part of any such Debts as can upon such Composition be gotten, in full Discharge of such Debts and Accounts, and to submit to Arbitration any Difference or Dispute between such Assignee or Assignees, and any Person or Persons, for or on account or by reason of any Matter, Cause or Thing relating to the Estate and Effects of such Prisoner; and every such Assignee or Assignees is and are hereby indemnified for what they shall fairly do in the Premises, in pursuance of this Act. 1 & 2 GEO. IV. XIX. And

When Persons
claiming Be-

nefit of Act are seised of Lands, with Power to lease, like Power extended to Assignees.

Court may remove and ap

signees in case

of Death or Removal.

XIX. And be it further enacted, That in case any Assignee so appointed shall, at any time, be unwilling to act, or in case point new As of the Death or Incapacity or Misconduct of any such Assignee, it shall be lawful to and for any Creditor of such Prisoner to apply to the said Court to appoint a new Assignee or Assignees, with like Powers and Authorities as are given by this Act to the original Assignee or Assignees, and the said Court shall have Power to remove such Assignee, and to appoint such new Assignee or Assignees, and to oblige any Assignee who shall be removed, and the Heirs, Executors, Administrators and Assigns of any deceased Assignee, to account for and deliver up all such Estate and Effects, Books, Papers, Writings, Deeds and all other Evidences relating thereto, as shall remain in his or her Hands, to be applied for the Purposes of this Act, and the Decision of the said Court thereupon shall be final and conclusive; and from and immediately after such Appointment, all the Estate and Effects, Rights and Powers of the said Prisoner, vested either in the provisional Assignee or such Assignee or Assignees as aforesaid, shall become, and the same † hereby vested in such new Assignee or Assignees.

+ Sic.

Assignees not

delivering over Balance of Property.

Punishment.

Court to cause
Notice in

Dublin Gazette,
&c. to Credi-
tors, after

Petition and
Schedule filed.

Creditors may oppose Pri

soner's Discharge, &c.

XX. And be it further enacted, That in case any such Assignee or Assignees, or the Heirs, Executors or Administrators of any deceased Assignee or Assignees, shall not deliver over any Part of such Estate or Effects, or pay the Balance of the Produce of any such Estate or Effects, found to be in the Hands of such Assignee or Assignees, or of such Heirs, Executors or Administrators as aforesaid, according to the Tenor of this Act, it shall be lawful for the Court to be established by virtue of this Act, to order the Person or Persons so offending to be arrested, and committed to the County Gaol nearest to the Place where they shall reside, there to remain without Bail or Mainprize, until such Person or Persons shall have fulfilled the Duty required by this Act, or until the said Court shall make other Order to the contrary.

XXI. And be it further enacted, That the said Court shall forthwith, after such Petition and Schedule shall have been respectively filed in the said Court, cause Notice thereof to be given to the Creditor or Creditors at whose Suit such Prisoner shall be detained, or the Attorney or Agent of such Creditor or Creditors, and to the other Creditors named in the Schedule of such Prisoner, or such of them as the said Court shall think fit, and to be inserted in the Dublin Gazette, and also, if the said Court shall think necessary, in some other Newspaper or Newspapers; and shall appoint a Day and Place for the Hearing of the Matter of such Petition; and in case such Notice as the said Court shall direct shall have been given by any Creditor of his or her Intention to oppose such Prisoner's Discharge, it shall and may be lawful, both for the said Creditor and any other Creditor or Creditors of the said Prisoner, to oppose the Discharge of such Prisoner, and for that Purpose to put such Question to such Prisoner, and examine such Witnesses as the said Court shall think fit, touching the Matters contained in such Petition and Schedule, and touching such other Matters as the said Court shall be of Opinion that it may be fit and proper to inquire into, in order to the due Execution of this Act; but no Creditor shall oppose or examine the Discharge

Accounts of Prisoner may be referred to

an Officer of

the Court.

Court is satisfied
with Schedule,
Prisoner to be
discharged
forthwith, or as
soon as he shall

Discharge of such Prisoner, until he shall make Oath or Affidavit
of his Debt, or otherwise satisfy the Court of his Right to oppose
such Prisoner's Discharge, if required so to do by such Prisoner;
Provided also, that at such Hearing any Creditor or Creditors so
opposing may require, or the Court may, if it shall deem it ne-
cessary, order that it shall be referred to the Chief Clerk of the
said Court to investigate the Accounts of the said Prisoner, and
to examine into the Truth of the Schedule of such Prisoner, and
to report thereon to the said Court; and the said Court may at
such Hearing proceed on the other Matters in Opposition to the
Discharge of such Prisoner, or adjourn the said Hearing thereof
until such Officer shall have so made his Report; and in case such If Prisoner not
Prisoner shall not be opposed, and the Court shall be satisfied opposed, and
with the said Schedule, and that such Prisoner is entitled to the
Benefit of this Act, then and in such case such Court shall so
declare, and shall order such Prisoner to be discharged from
Custody forthwith, or so soon as such Prisoner shall have been
in Custody at the Suit of One or more of the Persons who were
Creditors at the Time of the petitioning, or who have since become
Creditors in respect of Debts then growing due for such Period or
Periods, not exceeding Six Months in the whole, as the said Court
shall direct, to be computed from the Time of filing the Petition
of such Prisoner, and shall in such Order specify the several Debts
of the said Prisoner, to which such Discharge shall apply; and To what Pro-
such Discharge shall extend to all Process issuing from any Court cess Discharge
for any Contempt of any Court, ecclesiastical or civil, by Non- shall extend.
payment of Money, or of Costs or Expences in any Cause or
Proceeding in any Court, ecclesiastical or civil; and in case it
shall appear to such Court, that the Opposition to the Petition of
such Prisoner, by any of such Creditors, is frivolous and vexatious,
that then it shall and may be lawful for such Court to award such
Costs to such Prisoner as shall appear unto the Court to be just Costs.
and reasonable.

any

XXII. And be it further enacted, That in case it shall appear to the said Court that such Prisoner shall, with intent to conceal the State of his Affairs, or to defeat to † Objects of this Act, have destroyed or otherwise wilfully prevented, or purposely withheld, the Production of any Books, Papers or Writings relating to such of his Affairs as are subject to Investigation under this Act, or shall have kept or caused to be kept false Books, or made false Entries, or have wilfully and fraudently altered or falsified such Books, Papers or Writings, or shall in any respect have been guilty of Fraud, in discharging, concealing or altering any Debt due to or from the said Prisoner, or shall have fraudulently made away with, charged, mortgaged or concealed any Part of his or her Property of what Kind soever, either before or after the Commencement of his or her said Imprisonment, for the Purpose of diminishing the Sum to be divided among his or her Creditors, or of giving an undue Preference to any of the said Creditors, then it shall and may be lawful for the said Court to order that such Prisoner shall not be discharged out of Custody by virtue of this Act, or receive or be entitled to any Protection under the same, until he shall have been in Custody at the Suit of some or more of the Persons who were Creditors at the Time of his pe-: titioning

02

have been in

Custody Six
Months.

In what case,
after Prisoner's
Committal,

Affidavits of
Creditors re-

sition to Dis

titioning the said Court, or had since become Creditors in respect
of Debts then growing due, and from whose Claims he shall be
discharged by the Judgment of the said Court, for such Period
or Periods, not exceeding Three Years in the whole, as the said
Court shall direct, to be computed from the filing of such Pri-
soner's Petition to the said Court.

XXIII. And be it further enacted, That in case it shall appear·
to the said Court, that any such Prisoner shall have contracted any
of his Debts fraudulently, or by means of false Pretences, or
without having had any reasonable or probable Expectation, at
the Time when contracted, of paying the same, or shall be in-
debted for Damages recovered in any Action for Criminal Con-
versation, or for seducing the Daughter of the Plaintiff in such
Action, or in any Action for a malicious Prosecution, or for any
other malicious Injury, or shall have put any of his or her Cre-
ditors to any unnecessary Expence by any vexatious or frivolous
Defence to any Suit for recovering the same, it shall and may
be lawful for such Court to order that such Prisoner shall not be
discharged out of Custody by virtue of this Act, or be entitled
to any Benefit or Protection under the same, as to any Debt so
contracted, or as to any Damages so incurred, or as to any Debt
for recovering of which he shall so have occasioned unnecessary
Expence as aforesaid, until he shall have been in Custody at the
Suit of the Creditor or Creditors whose Debts shall have been so
contracted, or Damages so incurred, or who shall have been so
put to Expence, for such Period or Periods not exceeding Two
Years in the whole, as the said Court shall direct, to be computed
as aforesaid.

XXIV. Provided always, and be it enacted, That in all cases where such Prisoner shall not be ordered to be discharged forthwith, but to be liable to Imprisonment, at the Suit of his or her Creditor or Creditors, or of any or either of them, it shall be lawful for the said Court, in case it shall think right under the Circumstances of the case so to do, on the Application of such Prisoner, to order the Creditor or Creditors at whose Suit such Prisoner shall be imprisoned, to pay to such Prisoner such Sum or Sums not exceeding the Rate of Four Shlilings by the Week in the whole, at such times and in such manner as the said Court shall direct; and that on Failure of Payment thereof, as directed by the said Court, such Prisoner shall be forthwith discharged from Custody, at the Suit of the Creditor or Creditors so failing to pay

the same.

XXV. And be it further enacted, That in case any such Prisoner, after his Commitment to actual Custody as aforesaid, shall be removed by any Writ of Habeas Corpus or otherwise, from the Place of such actual Custody, or shall be rendered in discharge ceived in Oppo- of his Bail, it shall and may be lawful for the said Court to receive the Affidavits of any Creditor or Creditors, or of any other Person or Persons in Opposition to the Discharge of such Prisoner under this Act; and also, if such Court shall think fit, to permit Interrogatories to be filed for the Examination or Cross Examination of every Person making or joining in such Affidavit; and also to stay the Discharge of every such Prisoner, until such Interrogatories shall be fully answered to the Satisfaction of such Court: Provided

charge,

Provided always, that this shall not extend to any Prisoner who except Dublin shall have been in such actual Custody or arrested within the and County. County of Dublin or the County of the City of Dublin.

Order of Court for Discharge of

Prisoner final, unless obtained

upon false Evi

XXVI. And be it further enacted, That such Order of the said Court for the Discharge of such Prisoner shall, in all cases, be final and conclusive, and shall not be reviewed by the said Court, unless such Court so making the said Order shall, after such Order made, see good and sufficient Cause to believe that such Adjudi- dence, &c. cation, and the Order founded thereon, shall have been made on false Evidence, or otherwise fraudulently obtained, in which case it shall and may be lawful for any Creditor of the said Prisoner to apply to the said Court to direct the said Prisoner to be brought again before the Court; and it shall and may be lawful for the said Court, upon due Notice to be given by such Creditor, to rehear the said Matter, and to receive such further or new Evidence, and make such further Order, and as to the said Court shall seem fit, in execution of and according to the Powers in this Act contained, and to proceed thereon as if the same had been the original Hearing of the case of such Prisoner: Provided always, that in case such Court shall entertain any Doubt touching any Matter alleged against such Prisoner at the Time of his final Examination before mentioned, to prevent the Discharge, or touching the Examination of such Prisoner, it shall be lawful for Examination. such Court to remand such Prisoner to Custody, and afterwards to cause such Prisoner to be again brought up for Examination, as often as the said Court shall seem fit.

In what case

Prisoner may

be remanded,

and afterwards brought up før

+ Sic.

XXVII. And be it further enacted, That if any Prisoner who Perjury. shall apply for his or her Discharge, under the Provisions of this Act, or any Persons taking any Oath under the Provisions of this Act, shall wilfully swear falsely in any Oath to be so taken, and shall be lawfully convicted thereof, he or she so offending shall be deemed guilty of wilful and corrupt Perjury, and shall suffer such Punishment as by Law may be inflicted on Persons convicted of wilful and corrupt Perjury.

When Order for
Discharge of
Prisoner is

made, Court
may order
Judgment to be
entered up
against Pri-
soner in One of
the Superior
Courts, &c.

XXVIII. And be it further enacted, That when an Order for the Discharge of any Prisoner shall be made by the said Court for the Relief of Insolvent Debtors, the said Court may also order, that a Judgment shall be entered up against such Prisoner, in some one of the superior Courts in Dublin, in the Name of the A signee or Assignees of such Prisoner, or of such Provisional Assignee as aforesaid, if no other Assignee shall then have been appointed and shall have accepted the Office, for the Amount of the Debts of such Prisoner which shall at the Time of such Order remain due and unpaid, and from which such Prisoner shall be discharged by such Order, and the said Prisoner shall execute a Warrant of Attorney to authorize the entering up such Judgment, and such Judgment shall have the Force of a Recognizance, and such Order of the Court established by virtue of this Act shall be a sufficient Authority to the proper Officer for entering up such Judgment; and when it shall appear to the Satisfaction Court may perof the said Court, that such Prisoner is of Ability to pay such mit Execution Debts, or any Part thereof, or that he is dead, leaving Assets for to be taken out that Purpose, the said Court may permit Execution to be taken ment, where out upon such Judgment, or put in force any other Power given 0 3

by

on such Judg

there are Assets,