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 Expence of conveying Prisoner to Assize Town paid to Keeper, &c. Notice of sary to revive such Judgment on account of any Lapse of Time, XXIX. And be it further enacted, That where any Prisoner 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- 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. 04 XXXII. And Tho same to be of Record in the Insolvent Court. Time of making Circuits by Commissioners for discharging Prisoners in the County. Clerk of the Peace to act 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. against such his actual Con Prisoner in 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 ཟ་ be ! be taken and remanded to Custody, notwithstanding any such XXXVIII. Provided always, and be it further enacted, That 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 i |