Abbildungen der Seite
PDF
EPUB

actual Custody as aforesaid, or of any Creditor or other Person, he shall be deemed and taken to be guilty of a Contempt of the said Court.

XL. And be it further enacted, That in cases wherein by this Affirmation of Act an Oath is required, the solemn Affirmation of any Person a Quaker being a Quaker shall and may be accepted and taken in lieu allowed. thereof; and every Person making such Affirmation, who shall be convicted of wilful false Affirmation, shall incur and suffer such and the same Penalties as are inflicted and imposed upon Persons convicted of wilful and corrupt Perjury.

Prisoner wil

fully omitting,
&c. in Schedule,
ing Apparel,
(except Wear-
&c. not exceed-

XLI. And be it further enacted, That from and after the passing of this Act, in case any Prisoner shall, with Intent to defraud his Creditor or Creditors, wilfully and fraudulently omit in his Schedule as aforesaid any Effects or Property whatsoever, or shall retain or except out of the Schedule, as Wearing Apparel, Bedding, Working Tools and Implements, and other Necessaries, ing 151.) submore in Value than Fifteen Pounds, every such Person so offend- ject to Three ing, and any Person aiding and assisting him to do the same, shall, upon being thereof convicted by due Course of Law, be adjudged guilty of a Misdemeanor; and thereupon it shall and may be lawful for the Court before whom such Offender shall have been so tried and convicted to sentence such Offender to be imprisoned and kept to hard Labour for any Period of Time not exceeding Three Years.

Years' Im

pisonment.

Before whom

Affidavits are

to be sworn.

XLII. Provided always, and be it further enacted, That all Affidavits to be used before the said Court, or any Commissioner thereof, shall and may be sworn before the said Court or any such Commissioner, or before any of the superior Courts of Law or any Officer of the said Court, who may be authorized to take Affidavits, or any Master Extraordinary in Chancery or Commissioner for taking Affidavits in any of the superior Courts of Law in Dublin; and that no Conveyance, Assignment, Letter of At- No Proceeding torney, Affidavit or other Proceedings before or under any Order liable to Stamp Duty. of the said Court, shall be liable to or chargeable with the Payment of any Stamp or other Duty whatsoever.

Rate for
Insertion of

Advertisements, 3s.

XLIII. And be it further enacted, That the Sum of Three Shillings and no more shall be paid to any Printer or Proprietor of any Newspaper, for the Insertion of any Advertisement hereinbefore directed to be inserted in any Newspaper; and all Printers and Proprietors of Newspapers are hereby required to insert the same on Payment of the said Sum of Three Shillings for the Insertion thereof, in such Form as the said Court shall, from time to time, direct; and that no such Advertisement shall be No Stamp Duty. liable to the Payment of or chargeable or charged with any Stamp or other Duty whatsoever.

No Fees for
Duties per-

formed under

this Act.

XLIV. And be it further enacted, That no Commissioner, Clerk of the Peace, Officer or other Person in anywise concerned in the Execution of any Duties or Powers under this Act, shall, on any Account or under any Pretence whatsoever, take, accept or receive any Fee, Gratuity or Reward, for or in respect of any Matter or Thing done by him in or about the Execution of the said Duties or Power, save as in this Act is expressly provided; Exception. and if any such Person shall offend herein, he shall, for every such Offence, forfeit and pay the Sum of Twenty Pounds.

XLV. And

Powers of
Commissioners

under

53 G. 3. c. 138. 54 G. 3. c. 114.

continued as to

Persons discharged under these Acts.".

• XLV. And Whereas it is expedient that the Powers given to 'the superior Courts in Dublin respectively, by virtue of an Act 'passed in the Fifty third Year of the Reign of His late Majesty 'King George the Third, intituled An Act for the Relief of In56 G. 3. c. 126. solvent Debtors in Ireland, and of an Act passed in the Fifty fourth, and of one other Act passed in the Fifty sixth Year of His 'said late Majesty's Reign, to amend the said Act of the Fifty 'third Year, should be continued and vested in the Court established by virtue of this Act, in so far as any of the same relate to the Persons who have already obtained their Discharge by 'virtue of those Acts or any of them, and their Estate and • Effects;' Be it further enacted, That the Court to be established by virtue of this Act shall and may exercise all such Powers, and do all such Acts, and make all such Orders, respecting Persons who have already obtained their Discharge by virtue of the said recited Acts, or any of them, or their Estate and Effects, or their respective Assignee or Assignees, or the Provisional Assignee appointed by virtue of the said recited Acts or any of them, as might have been exercised, done and made by the said Courts respectively, by virtue of the said recited Acts or any of them, in case the said recited Acts had been continued by this Act.

[graphic]

Former Records to be delivered over to the

Chief Clerk.

Proviso as to
Assignees of

Effects of Offcers of the

&c. or Bene

ficed Clergy

men.

XLVI. And be it further enacted, That all the Records, Papers and Documents of and concerning the Discharge of Insolvents, by virtue of the said recited Acts or any of them, shall, immediately after the Time when the Court to be established by virtue of this Act shall have been fully constituted and established as aforesaid, be delivered over to the Chief Clerk of the said last mentioned Court, by the Officer or Officers, or other Persons having the Custody of the same, and which said Records shall be deemed and taken to be Records of the Court to be established by virtue of this Act.

XLVII. Provided also, and be it further enacted, That nothing in this Act contained shall extend to entitle the Assignee or Assignees of the Estate and Effects of such Prisoner, being an Officer Army or Navy, of the Army or Navy, or in the Naval or Military Service of the East India Company, or a Beneficed Clergyman or Curate, to the Pay or Pension of such Officer, or to the Income of such Benefice or Curacy, for the Purposes of this Act: Provided always nevertheless, that it shall be lawful for such Assignee or Assignees to apply for and obtain a Sequestration of the Profit of any such Benefice for the Payment of the Debts of any such Clergyman, and the Order for the Discharge of such Clergyman shall be a sufficient Warrant for granting of such Sequestration, without any Sequestration of Writ or other Proceedings to authorize the same; and such Sequestration shall accordingly be issued as the same might have been issued upon any Writ of Levari facias, founded upon any Judgment against such Clergyman: Provided also, that it shall be lawful for the said Court to order such Portion of the Pay or Half Pay or Pension of any such Officer of the Army or Navy, or Naval or Military Service of the East India Company, as on Communication from the said Court to the Secretary of War or the Lords Commissioners of the Admiralty, or the Court of Directors of the United East India Company, he or they may respectively consent to by Writing under the Hand of the said Secretary at

Profit of Bene

fice may be applied for. Portion of Pay of Officers may be obtained by Application.

War,

War, or the Lords Commissioners or Secretary of the Admiralty,
or the said Secretary of the Court of Directors, to be applied in
Payment of his Debts, and for that Purpose to be paid to his As-
signee or Assignees; and such Order and Consent being lodged Proceedings.
in the Office of the Paymaster of His Majesty's Forces, or of the
Treasurer of the Navy, or of the said Secretary of the said Court
of Directors, as the case shall require, such Paymaster or Trea-
surer or Secretary shall give Directions accordingly, and such
Portion of the Pay, Half Pay or Pension of such Officer, as shall
be specified in such Order and Consent, shall be paid to his As-
signee or Assignees, until the said Court shall make Order to the
contrary.

XLVIII. Provided always, and be it further enacted, That this Act shall not extend or be construed to extend to discharge any Prisoner seeking the Benefit of this Act, with respect to any Debts due to His Majesty or His Successors, or to any Debt or Penalty with which any such Prisoner shall stand charged at the Suit of the Crown, or of any Person for any Offence committed against any Act or Acts of Parliament relative to His Majesty's Revenues of Customs, Excise or Stamps, or any of them, or any Branches of the Public Revenue, or at the Suit of any Sheriff or other Public Officer upon any Bail Bond entered into for the Appearance of any Person prosecuted for any Offence committed against any Act or Acts of Parliament relative to His Majesty's said Revenues of Customs, Excise or Stamps, or any other Branches of Public Revenue, unless Three of the Lords Commissioners of His Majesty's Treasury for the time being shall certify under their Hands their Consent to such Discharge.

Act not to ex-
tend to Crown
Treasury give
Debtors, unless

Consent.

Prisoners under
Writ of Capias,

in Cases of Ex-
tents as herein

mentioned, may
apply to the
Barons of Ex-
chequer to be
discharged.

XLIX. And be it further enacted, That it shall and may be lawful for any Person or Persons who may now or shall hereafter be imprisoned under or by virtue of any Writ of Capias, in or on any immediate Extent or Extents issued and remaining in force, at the Instance or for the Benefit and Reimbursement of any Surety or Sureties, or other Person or Persons, or the Inhabitants of any Parish, Ward or Place, who shall or may have advanced and paid the Debt to the Crown, and by reason whereof the Lords Commissioners of His Majesty's Treasury may not be authorized to give their Consent as last aforesaid, to apply to the Barons of His Majesty's Court of Exchequer in Ireland, for his, her or their Discharge, giving One Month's previous Notice in Writing to the Surety or Sureties, or Person or Persons aforesaid, or to the Churchwardens of the Parish, Ward or Place, at whose Instance or for whose Benefit respectively such Extent or Extents shall remain in force, of the Intention of such Person or Persons so imprisoned to make such Application, and an Enumeration and Description Proceedings of all and every the Property, Debts and Effects whatsoever of such thereon. Person or Persons, in his, her or their own Possession or Power, or in the Possession or Power of any other Person or Persons for his, her or their Use, and for the said Court to whom such Application shall be made, to order such Person or Persons to be brought

before them, or before any Baron of the said Court, to be examined Examination upon Oath touching and concerning his, her or their Property and upon Oath. Effects; and if such Person or Persons respectively shall upon such Examination make a full Disclosure of all his, her or their Property

and

[ocr errors]

Uncertificated

Bankrupts not entitled to Discharge under

this Act, unless in Custody for

Three Years.

Person having taken Benefit of

Insolvent Act, not entitled to further Relief within Five Years, unless in the Cases

herein mentioned.

Mode of Proceeding with

Prisoners of unsound Mind.

and Effects, and it shall otherwise appear, to the Satisfaction of
the said Court, reasonable and proper that such Person or Persons
shall be no longer imprisoned under such Writ, it shall be lawful
for such Court or Baron to order a Writ of Supersedeas quoad
Corpus to be issued out of the said Court, for the Liberation of
such Person or Persons from such Imprisonment : Provided always,
that no such Liberation as aforesaid, of any Debtor so in Custody
under an Extent, shall be held or deemed to satisfy or supersede
such Extent or any Proceedings thereon, except as to such Im-
prisonment as aforesaid, or to discharge the Debt or Debts for
which such Person or Persons shall be so imprisoned.

L. Provided also, and be it further enacted, That no Prisoner
against whom any Commission of Bankrupt shall have issued and
shall remain in force, and who shall not have obtained a Certi-
ficate of his or her Conformity to the several Statutes concerning
Bankrupts under such Commission, shall be entitled to be dis-
charged by virtue of this Act, from any Debt for which such Pri-
soner shall be detained in Custody, and which might have been
proved under such Commission, unless such Prisoner shall have
been so detained in Prison for the Space of Three Years before
the Time when such Prisoner shall apply for his or her Discharge
under this Act.

LI. Provided always, and be it further enacted, That no Person who shall have been at any Time discharged by virtue of this Act, or of any Act for the Relief of Insolvent Debtors, shall again be entitled to the Benefit thereof, within the Space of Five Years after such Discharge, unless Three Fourths in Number and Value of the Creditors against whom such Person shall seek to be discharged by virtue of this Act shall signify his or her Assent to such Discharge, or it shall be made appear to the Satisfaction of the Court to be established by virtue of this Act, that such Person has, since his or her former Discharge, endeavoured by Industry and Frugality to pay all just Demands upon him or her, and has incurred no unnecessary Expence, and that the Debts which such Person has incurred subsequently to such former Discharge have been necessarily incurred for the Maintenance of such Person, or his or her Family, or that the Insolvency of such Person has arisen from Misfortune, or Inability to acquire Subsistence for himself or herself, and his or her Family.

LII. And be it further enacted, That if any Person who shall at any Time be a Prisoner in any such Prison as aforesaid, upon any such Process as aforesaid, shall be or become of unsound Mind, and therefore incapable of taking the Benefit of this Act, in such manner as he or she might have done, if of sound Mind, the Gaoler or Keeper of such Prison shall forthwith require Two or more Justices of the Peace for the County, City or Place, wherein such Prison shall be, to attend at the said Prison, and inquire into the State of Mind of such Prisoner; and thereupon, and also in case any such Justices shall receive Information by other Means, that any such Prisoner is of unsound Mind as aforesaid, such Justices shall go to the said Prison, and by their own View, and by Examination on Oath of such Person or Persons as they shall think fit to examine, (which Oath the said Justices are hereby empowered to administer,) shall inquire into the State of

i

[ocr errors]

Notice of Pro

ceedings in the Dublin Ga

zette, &c.

Mind of such Prisoner; and if it shall appear to such Justices upon such Inquiry that such Prisoner is of unsound Mind, and therefore incapable of taking the Benefit of this Act in such a manner as a Person of sound Mind might do, such Justices shall forthwith make a Record of the Fact, which Record shall contain the Names of the Witnesses who shall by such Justices have been examined, and such Justices shall certify the same to the Court to be established by virtue of this Act; and thereupon it shall be lawful for such Court, at the Instance of any Person or Persons, on Behalf of such Prisoner, to order Notice to be inserted in the Dublin Gazette, and in Two or more public Newspapers usually circulated in the Neighbourhood of such Prison, and in the Neighbourhood of the usual Residence of such Prisoner before he or she was committed to such Prison, as the said Court shall see fit; and shall in such Order specify and direct, that Application will be made to such Court for the Discharge of such Prisoner, on any Day to be specified in such Order, being Fourteen Days at least from the Day of Publication of such one of such Gazettes and Newspapers containing such Notice as shall be last published; which Notice, together with Service of the like Notice on the Creditor or Creditors at whose Suit such Prisoner shall be detained in Custody, or his, her or their Attorney or Attornies in such Suit, shall be deemed sufficient to authorize the said Court to proceed to the Discharge of such Prisoner, if otherwise entitled to such Discharge, according to the true Intent and Meaning of such Act; and such Court shall proceed accordingly, and shall discharge Discharge. such Prisoner, and do all other Acts under this Act, in case it shall appear that such Prisoner might have obtained his or her Discharge under this Act if of sound Mind.

Service of

Notice on

Creditor.

Estate of Pri

soner of unsound Mind, to vest in Pro

visional Assignee under

LIII. And be it further enacted, That in every such case, where any such Prisoner shall be or become of unsound Mind as aforesaid, all and every Estate, Right, Title, Interest in Law or Equity, real or personal, Power, Benefit or Emolument whatsoever, which, if such Prisoner were of sound Mind, could or ought to be assigned by such Prisoner, pursuant to the Provisions this Act. of this Act, shall by force and virtue of the said Order for the Discharge of such Person be vested in the provisional Assignee of the said Court, as fully and effectually, and in the same Plight and Manner, and with all and every the same Consequences and Effects, both in Fact and in Law, to all Intents and Purposes whatsoever, as if such Prisoner had been of sound Mind, and had duly conveyed the same to such provisional Assignee at the Time and in Manner hereinbefore provided.

LIV. And be it further enacted, That the Chief Clerk of the Court to be established by virtue of this Act shall on the reasonable Request of any such Prisoner, or of any Creditor or Creditors of such Prisoner, or his, her or their Attorney, produce and shew to such Prisoner, Creditor or Creditors, or his, her or their Attorney, at such Times as the said Court shall direct, such Petition, Schedule, Order and Judgment, and all other Orders and Proceedings made and had in such Matter; and that a true Copy of every such Petition, Schedule, Order, Judgment and other Proceedings, signed by the Chief Clerk in whose Custody the same shall be, or his Deputy, certifying the same to be a true

Copy

[ocr errors]

Officers of Court to produce Schedules

and Proceedings of Court when required.

« ZurückWeiter »