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and the Pri

soner of Ability

to pay, &c,

by this Act against the Property acquired by such Prisoner after his Discharge, for such Sum of Money as, under all the Circumstances of such Prisoner's Case, the Court shall think proper, and the said Court shall order such Sum to be distributed rateably amongst the Creditors; and such further Proceedings shall and may be had, according to the Discretion of the said Court, from time to time, until the Whole of the Debts due to the several Persons against whom such Discharge shall have been obtained shall be fully paid and satisfied, together with such Costs as such No Scire Facias Court shall think fit to award; and no Scire Facias shall be neces

necessary.

Costs on vexatious Application against Prisoner.

Court may

make Order to bring Prisoner in Assize Town

to Court House

where such
Prisoner in
Custody.
Exception,
Dublin and
County.

Expence of conveying Prisoner to Assize Town paid to Keeper, &c.

Notice of
Petition.

sary to revive such Judgment on account of any Lapse of Time,
but Execution shall at all times issue thereon, by virtue of the
Order of the said Court: Provided always, that in case any such
Application against such Prisoner shall appear to the Court to
be ill founded and vexatious, it shall be lawful for the Court not
only to refuse to make any Order on such Application, but also
to dismiss the same, with such Costs as to the Court shall appear
reasonable.

XXIX. And be it further enacted, That where any Prisoner
shall be in Custody in any County Gaol or other Gaol or Prison
in Ireland, except in the County of Dublin, or County of the
City of Dublin, upon any Process whatsoever, out of any of His
Majesty's superior Courts in Dublin, or out of any Court what-
soever in Ireland, then and in such case, upon Petition being
made to the said Court for the Relief of Insolvent Debtors by such
Prisoner, in manner directed by this Act, and upon such Schedule
being delivered into the said Court as is required by this Act, it
shall be lawful for the said Court, and the said Court is hereby
authorized and required, on the Application of such Prisoner, to
make a Rule or Order, to cause such Prisoner to be brought to
and to appear at the Court House in the Assize Town for the
County, County of a City or County of a Town, where such Pri-
soner shall be imprisoned, on such Ďay and at such Time as shall
be mentioned and specified in such Order, not being more than
Four Calendar Months after the Date of such Order; and the
Expence of conveying such Prisoner to any such Assize Town,
in every case where the Gaol in which such Prisoner shall be
confined shall not be situate within such Assize Town, not ex-
ceeding One Shilling a Mile, shall be paid to the Keeper or Gaoler
or Officer who shall bring such Prisoner to such Assize Town,
in Obedience to such Rule or Order, out of the Estate or Effects
of such Prisoner, if the same shall be sufficient to pay such Ex-
pence, and if not, then such Expence shall be paid by the Trea-
surer of the County, County of a City or County of a Town, in
which such Prisoner shall be imprisoned, as the same shall be
directed or ordered by the Commissioner of the said Court before
whom such Prisoner shall be brought; and the Grand Jury of
such County, County of a City or County of a Town, is hereby
empowered and required to present the Amount thereof at the
Assizes next ensuing the Day mentioned in such Rule or Order;
and Notice of every such Petition and Schedule of such Prisoners,
and also of such Rule or Order of the Court for bringing such
Prisoner to such Assize Town thereupon, shall be given in manner
required by this Act, to all and every the several Persons re-

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quired to have Notice of such Petition as aforesaid, Fourteen Days at the least before the Day mentioned in such Order, for the Appearance of such Prisoner at such Assize Town.

:

Court House,

Relief to Pri

soners, or other

wise act in re-
spéct of them as
if they appeared
in the Insolvent

Court in

Dublin.

XXX. And be it further enacted, That on such Day, so ap- Commissioner pointed by Order of the said Court for Relief of Insolvent Debtors, to attend at such it shall be lawful for any one Commissioner of the said Court, and give such and he is hereby authorized and required to attend at the Court House in such Assize Town, and to proceed on such Day, and from Day to Day, if requisite, in hearing the Matter of the Petition of any and every such Prisoner or Prisoners, who shall appear at or be brought to such Assize Town, and to pronounce any such Judgment, and to make all such Orders, and to give all such Directions, and to do all such other Matters and Things requisite for the discharging or remanding of any and every such Prisoner, and for the Assignment and Application of the Estate and Effects of any and every such Prisoner; and such Commissioner shall have such Power to discharge or to remand any and every such Prisoner, and in all other Respects to act and do with respect to any and every such Prisoner, and with respect to the Petition of any and every such Prisoner, and the Matter of the same, and with respect to the Estate and Effects of any and every such Prisoner, and with respect to the Creditors of any and every such Prisoner, as the said Court for the Relief of Insolvent Debtors could or might do under or by virtue of this Act, if such Petition had been presented to the said Court in open Court, during the Sitting of the said Court in Dublin, any thing in this Act to the contrary notwithstanding; and all Judgments, Orders, Directions, Proceedings, Acts, Matters and Things, for or relating to the discharging or remanding of any and every such Prisoner, so made, given, taken or done by such Commissioner, shall be as good, valid and effectual to all Intents and Purposes, as if such Judgments, Orders, Directions, Proceedings, Acts, Matters and Things had been done by the said Court for the Relief of Insolvent Debtors in Dublin, in open Court, during the Sitting of the said Court, to all Intents and Purposes whatsoever; and the same shall be made a Record of the Proceedings in such Court for the Relief of Insolvent Debtors at Dublin, and shall be transmitted to such Court, signed by such Commissioner, to be a Record of the said Court, and to be kept as such among the Records thereof.

XXXI. And be it further enacted, That one of the said Commissioners of the said Court for the Relief of Insolvent Debtors, or each of the said Commissioners alternately, shall, from time to time, make a Circuit or Circuits to, and give his Attendance at the several Assize Towns at which any Prisoner or Prisoners shall be ordered to appear in manner aforesaid, so that there shall be Three such Circuits in each Year, if requisite; and that while one of the said Commissioners shall be making and attending on such Circuit, the other of the said Commissioners shall be attendant and presiding in the said Court in Dublin; and the Time and Manner of making such Circuits, and the Officers necessary to attend the Commissioners making the same, shall be regulated in such manner as shall be agreed on between the Two Commissioners of the said Court, with the Approbation of the Lord Lieutenant, or other Chief Governor or Governors of Ireland.

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XXXII. And

Tho same to be of Record in the Insolvent Court.

Time of making Circuits by Commissioners for discharging Prisoners in the County.

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Clerk of the

Peace to act
as Clerk to
Commissioner.

in

XXXII. And be it further enacted, That the Clerk of the Peace every County, or County of a City or Town, may act as Clerk to any Commissioner under this Act, to assist him in the Performance of his several Duties under this Act, in such County, or Fee to Clerks. County of a City or Town; and in case such Clerk of the Peace

Notice of Attendance of Commissioner

in each County.

Prisoner dis

charged under

this Act not subject to Imprisonment under any Judgment, &c.

Proceedings upon Arrest or

Detainer.

Costs

'In Action for Escape, &c.

shall, in Consideration and Recompence of and for his said Trouble, be entitled to receive from every such Prisoner, in whose case he shall so act, a Sum of Five Shillings British, and no more, the same to be in lieu of all Fees of every Nature and Kind, for the Performance of the Duties under this Act, and such Fee shall be paid previous to the bringing up of such Prisoner before such Commissioner.

XXXIII. Provided always, and be it further enacted, That Notice of the Time of the Attendance of such Commissioner in each County shall be given in some public Journal or Newspaper published in each such County respectively, Once in each of the Two Weeks immediately preceding the Time appointed for such Attendance.

XXXIV. And be it further enacted, That no Prisoner who shall have obtained his or her Discharge by virtue of this Act shall at any time after such Discharge be imprisoned by reason of the Judgment so as aforesaid entered up against him or her, in the Name of such Assignee or Assignees as aforesaid; or of any Judgment or Decree, or Order obtained for Payment of Money only, or for Debts, Damages, Contempt of any Court, ecclesiastical or civil, by Nonpayment of Money, or Costs contracted, incurred, occasioned, owing or growing due, at the Time of the Commencement of such actual Custody, and expressed in such Discharge; or shall be detained in Prison for any Costs, taxed or untaxed, to the Payment of which he may be then liable in consequence or by reason of any Contempt, or in order to the paying the same; but that upon every Arrest or Detainer in Prison, upon any such Judgment or Decree or Order, or for or on Account of any such Debt, Damages, Contempt, Costs, Sum and Sums of Money, it shall and may be lawful for any Judge of the Court from which any such Process shall have issued, upon shewing to such Judge a Copy of the Order of the Court for Relief of Insolvent Debtors, for such Discharge as aforesaid, attested by the Chief Clerk of the said Court, to release from Custody such Prisoner as aforesaid; and at the same time, if such Judge shall in his Discretion think fit so to do, to order the Plaintiff in such Suit or Suits, or any Person or Persons suing out such Process, to pay such Prisoner the Costs which he or she shall have incurred on such Occasion, or so much thereof as to such Judge shall seem just and reasonable, such Prisoner causing a common Appearance to be entered for him or her in the Action or Suit for any such Debt as aforesaid.

XXXV. And be it further enacted, That if any Action of Escape, or any Suit or Action, be brought against any Commissioner, Sheriff, Gaoler, Keeper of any Prisen or any Person, for performing the Duty of his Office in pursuance of this Act, such Commissioner, Sheriff, Gaoler, Keeper or other Person, may plead General Issue. the General Issue, and give this Act in Evidence; and if the Plaintiff be nonsuited, or discontinue his or her Action,

or

Judg

Judgment shall be had upon Demurrer, the Defendant shall have Treble Costs.
Treble Costs.

against such

his actual Con

Prisoner in
such case.

XXXVI. And be it further enacted, That after the said Court Where Prisoner for the Relief of Insolvent Debtors, or any Commission of the declared entitled said Court, in Execution of this Act, shall have declared any to Benefit of Act, no ExePrisoner to be entitled to the Benefit of this Act as aforesaid, no cution to issue Writ of Fieri facias shall issue on any Judgment before then obtained against such Prisoner, for any Debt contracted or Cause Prisoner for of Action arising before the Time of the Commencement of Debt consuch actual Custody as aforesaid, except upon some Judgment tracted prior to entered up by Order of the Court as aforesaid; and that, if any finement, exWrit of Scire facias, or Action of Debt, or any other Suit or cept in JudgAction, shall be brought against any Prisoner, his or her Heirs, ments entered Executors or Administrators, upon any Judgment obtained against under this Act. any such Prisoner, or on any Statute or Recognizance acknow- Pleading by ledged by him or her, or any other Cause of Action arising before the Commencement of such actual Custody, except upon the Judgment entered up against such Prisoner under the Order of the Court as aforesaid, it shall and may be lawful for any such Prisoner, his or her Heirs, Executors or Administrators, to plead generally, that such Prisoner was duly discharged according to this Act, by the Order by which such Discharge shall have been obtained, and that such Discharge remains in force, without pleading any other Matter specially, whereto the Plaintiff or Plaintiffs shall or may reply any other Matter or Thing which may shew the Defendant or Defendants not to be entitled to the Benefit of this Act, or that such Prisoner was not duly discharged according to the Provisions of this Act, in the same manner as the Plaintiff or Plaintiffs might have replied in case the Defendant or Defendants had pleaded this Act, and his Discharge by virtue of this Act specially; and if the Plaintiff or Plaintiffs be nonsuited or discontinue his or her Action, or Verdict_pass against him, her or them, or Judgment shall be had on Demurrer, the Defendant or Defendants shall have Double Costs: Provided always, Proviso for that it shall be lawful to proceed against any Prisoner so discharged, Proceedings on upon any Judgment, Recognizance or other Security obtained Judgments, &c. or given, and which could not have been put in force against be put in force such Prisoner at the Time of his obtaining such Discharge; any at Discharge. thing in this Act contained to the contrary notwithstanding.

which could not

becomes en

perty which

XXXVII. Provided always, and be it further enacted, That When Prisoner in case any such Prisoner shall, after his Discharge out of Custody after Di charge as aforesaid, become entitled to or possessed in his or her own Right of any Stock in the Public Funds, or of any Bill of Ex- titled to Prochange, Promissory Notes, Bank Notes, Legacies or other Choses cannot be taken in Action, or other Property which by Law cannot be taken in in Execution Execution under any such Judgment so to be entered up in the under such Names of the said Assignee or Assignees as aforesaid, and such Judgment, Prisoner shall have refused to convey, assign or transfer such Assignee may apply by PeStock, Bills of Exchange, Promissory Notes, Bank Notes, Legacies tition to Court. or other Choses in Action or other Property, or so much of them as may be sufficient to satisfy the said Judgment; then and in such case it shall and may be lawful for the Assignee or Assignees to apply by a Petition in a summary Way, setting forth the Facts of the Case to the Court, and to pray that the said Prisoner may

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be taken and remanded to Custody, notwithstanding any such
Discharge; and thereupon, if upon Examination by the said
Court, and hearing as well the said Assignee or Assignees as the
said Prisoner, in case he shall appear, or the said Assignee or
Assignees only, in case such Prisoner shall not appear, due Notice
having been given to him, it shall appear to the said Court that
the Contents of such Petition are true; then and in such case
such Court shall so declare and adjudge, and shall thereupon
order the said Prisoner to be apprehended and remanded to
Custody, to the same Prison from which such Prisoner shall have
been discharged, until he shall convey, assign and transfer such
Stock, Bills of Exchange, Promissory Notes, Bank Notes, Lega-
cies or other Choses in Action, or other Property, or so much
thereof as the Court shall direct, towards the Satisfaction of such
Judgment, to such Assignee or Assignees, for the general Benefit
of the Creditors of such Prisoner.

XXXVIII. Provided always, and be it further enacted, That
in case any Person or Persons, or Body Politic or Corporate,
shall, after the Discharge of any such Prisoner out of Custody
as aforesaid, become possessed of, or have under his, her or their
Power or Controul, any Stock in the Public Funds, or any
Legacy, Money due or growing due, Bills of Exchange, Pro-
missory Notes, Bank Notes, Securities for Money, Goods, Chattels
or any other Property whatsoever, belonging to such Prisoner,
or held in Trust for him, or for his Use and Benefit, or to which
such Prisoner shall be in any way entitled; or in case any such
Person or Persons, or Body Politic or Corporate, shall be in any
manner indebted to such Prisoner, it shall and may be lawful for
the said Court, upon the Application of any Assignee or Creditor
of such Prisoner, to cause Notice to be given to such Person or
Persons, or Body Politic or Corporate, directing him or them
to hold and retain the said Property, till the said Court shall
make further Order concerning the same; and thereupon it shall
be lawful for the said Court further to order such Person or Per-
sons, or Body Politic or Corporate, to deliver over such Property
and to pay such Debts as aforesaid, or any Part thereof, into the
Bank of Ireland, with the Privity of the Chief Clerk of the said
Court, or to the Assignee or Assignees of such Prisoner, for the
general Benefit of his Creditors entitled to claim under such
Judgment, entered up by Order of the said Court as aforesaid :
Provided always, that in case no such further Order shall be made
by the said Court within Three Calendar Months next after the
Date of such Notice, then and from thenceforth such Notice shall
be null and void altogether.

be

XXXIX. And be it further enacted, That it shall and may lawful to and for all Persons, being sworn and admitted Attornies in any of the superior Courts, or Solicitors in the Court of Chancery, to practise in the Court which shall be established by virtue of this, as Attornies or Agents on Behalf of such Prisoners in such actual Custody as aforesaid, or of their Creditors or other Suitors of the said Court respectively, without the Payment of any Fee or Gratuity whatsoever; and that in case any Person, not sworn and admitted as aforesaid, shall practise in the said Court as an Attorney or Agent on the Behalf of any Prisoner in such

actual

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