Limitations in the said recited Act, the said Court may, if it shall see Cause, order any Prisoner to be confined during any such Period within the Walls of such Prison, and not within any Rules or Liberties thereof.

XXII. And be it further enacted, That where it shall appear to the Satisfaction of the said Court, that any Prisoner in actual Custody, or arrested within the County of Dublin, or County of the City of Dublin, had at or immediately before such Arrest his usual Place of Abode in some other County or Place, and had been arrested in the said County of Dublin, or County of the City of Dublin, it shall and may be lawful for the said Court to receive Affidavits of any Creditor or Creditors, or of any other Person or Persons not resident within the said County of Dublin, or County of the City of Dublin, in Opposition to the Discharge of such Prisoner under the said recited Act, and if the said Court shall think fit, to permit Interrogatories to be filed for the Examination or Cross Examination of any 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 the said Court, or until the Expiration of Six Weeks from the filing of such Interrogatories.

XXIII. And be it further enacted, That no Prisoner who shall have petitioned the said Court for Relief under and by virtue of the said recited Act, shall be discharged out of Custody as to any Action, Suit or Process in or by which he or she shall be charged or detained in Custody, for any Debt or Damages which are or shall be admitted by such Prisoner in his or her Schedule filed in the said Court under the said recited Act, or which shall be disputed therein only as to the Amount of such Debt or Damages, by or by virtue of any Supersedeas, Judgment of Nonpros, or Judgment as in the Case of a Nonsuit, for want of the Plaintiff or Plaintiffs in such Action, Suit or Process proceeding therein.

'XXIV. And Whereas, by the Provisions in the said Act, any 'Prisoner petitioning for the Benefit of the said Act must execute a Conveyance and Assignment of all the Estate, Right, Title, Interest and Trust of such Prisoner, to all the Real and Personal • Estate and Effects of such Prisoner (except as therein excepted), so as to vest all such Real and Personal Estate and Effects in the 'Provisional Assignee of the said Court; and the said Court is em'powered to order a Judgment to be entered up against such 'Prisoner in one of the superior Courts in Dublin, for the Amount of the Debts of such Prisoner which shall at the Time of such • Order remain due and unpaid, from which such Prisoner shall be discharged by the said Court; and such Prisoner is required 'to execute a Warrant of Attorney to authorize the entering up such Judgment: And Whereas a Married Woman being a Prisoner for Debt cannot execute such Conveyance or Assignment, or such Warrant of Attorney for the Purposes aforesaid, and 'therefore cannot petition for and obtain a Discharge under the said Act, without special Provision being made for such Purposes; Be it therefore enacted, That if any Married Woman, being a Prisoner within the Intent and Meaning of the said Act, shall petition to be discharged from any Debt or Debts under

the

Married Wo

men for discharge from Debt received without

requiring the

&c.

the Provisions of the said Act, it shall be lawful for the said Petitions from Court to receive such Petition, without requiring such Married Woman to execute such Conveyance or Assignment, or such Warrant as aforesaid, according to the Provisions of the said Act: but instead thereof that the said Court shall require such Married Woman to execute a Conveyance and Assignment for vesting in such Provisional Assignee as aforesaid all Property, Real Conveyance and Personal, to which she may be entitled for her separate recited Act: required by Use, or over which she shall have any Power of Disposition not- but Conveyance withstanding her Coverture, or which shall be vested in any Trus- for vesting Protees or Trustee, or other Persons or Person for her Benefit, and perty shall be to deliver up all Personal Estate and Effects of which she shall made to Provihave the actual Possession, except her Wearing Apparel, Bed- sional Assignee, ding and other such Necessaries, not exceeding in the Whole the Value of Twenty Pounds, and also all other Real and Personal Estate and Effects to which she shall be entitled in any manner whatsoever, in Possession, Remainder or Reversion, subject only to such Right, Title or Interest as her Husband may have therein; all which Acts she is hereby empowered to do Proviso for without her Husband notwithstanding her Coverture, so never. Rights of Hus theless as not to prejudice any Rights of her Husband in such band. Real and Personal Estate and Effects respectively; and all such Estate and Effects, Real and Personal, in Possession, Reversion or Remainder, shall, by such Conveyance and Assignment so to be executed under the Order of the said Court, be as effectually vested in such Provisional Assignee as aforesaid, as the same might have been vested in such Assignee by the Conveyance or Assignment of such Woman if she had been sole and unmarried, subject only to the Rights of her Husband therein as aforesaid; and all Provisions in the said Act or in this Act contained, touching the Real and Personal Estate of any Prisoner seeking to be discharged under the Authority of the said Act, shall apply to such Real and Personal Estate and Effects respectively, in the same manner as the same would apply to such Personal Estate and Effects if such Woman had been sole and unmarried, subject only to the Rights of her Husband therein; and such Married Woman shall also execute a Warrant of Attorney to confess Judgment in one of the superior Courts aforesaid, for the Amount of the Debts remaining unpaid, from which she shall be discharged under the Authority of the said Act as aforesaid; and such Warrant of Attorney so executed shall be sufficient Authority for entering up Judgment against such Woman accordingly, notwithstanding her Coverture; but such Judgment shall not in any manner prejudice or affect the Rights of her Husband, except that the same shall be deemed and taken to be her Debt in case she shall die in the Lifetime of such Husband, to the End that the same may be discharged out of her Personal Assets in a due Course of Administration, or out of her Real Estate, if any she shall have at the Time of her Death, but without Prejudice to any Estate or Interest of her Husband therein as Tenant by the Curtesy; and in case such Woman shall during the Lifetime of her Husband become entitled to any Property for her separate Use, such Judgment may be enforced against such separate Property, by Suit in Equity or otherwise, under the Order of

the

General Provi

sions touching Real and Per

sonal Estate ap

plied to Married

Women.

Warrant of

Attorney by
Married Wo-

man.

How far Judg

ment may affect Husband.

How far Dis

charge of Mar

ried Women

not to discharge

Husband.

1&2 G.4. c.59. § 26.

Insolvent refus ing to appear apprehended

and remanded.

Persons discharged under previous Act within Five

Years, to state same, and the Reasons for

again applying, verified by Affidavit.

Estates, &c. of Insane Persons discharged,

vested in Provisional or other Assignees.

the said Court, for the Purpose of obtaining Payment of so much of the Debts from which such Woman shall have been discharged by such Court as shall then remain unpaid; and in case such Woman shall survive her said Husband, such Judgment may be after his Death enforced against such Woman or her Property, Real and Personal, in such and the same manner and with the same effect as it might have been if she had been sole and unmarried at the Time she executed such Warrant to confess Judgment, and at the Time when such Judgment shall have been entered up as aforesaid: Provided always nevertheless, that the Discharge of any Married Woman under the Authority of the said Act or of this Act, shall not operate to discharge her Husband from any Debt from which his Wife shall be so discharged, but such Debt, so far as the same shall remain unpaid or unsatisfied, shall be chargeable upon and in force against such Husband, as fully, to all Intents and Purposes, as if his Wife had not obtained such Discharge.

XXV. And Whereas by the said recited Act the said Court is ' authorized in certain Cases, upon the Application of any Cre'ditor of a Prisoner, to direct such Prisoner, after his Discharge, to be brought again before them, and upon due Notice to be given by such Creditor, to rehear the Matter, and make such further Order as to them shall seem fit, in Execution of the Powers in the said recited Act contained;' Be it further enacted, That where, in any such case, the Insolvent, after his Discharge, shall refuse or neglect to appear before the said Court on the Day and at the Time specified in any Rule of the said Court, a Copy whereof shall have been duly served on such Insolvent, it shall and may be lawful for the said Court to order the said Insolvent to be apprehended, and remanded into Custody in such Prison as the said Court shall direct, and to issue their Warrant accordingly, and to cause him to be brought up for Examination as often as to the said Court shall seem fit.

XXVI. And be it further enacted, That every Person who shall have been once discharged under any Act for the Relief of Insolvent Debtors, and shall petition again within Five Years after such Discharge, for his or her Discharge from Confinement, according to the Provisions of the said recited Act or this Act, shall state therein the Time and Place of his or her former Discharge, and 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 subsequent 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 from Inability to acquire Subsistence for himself or herself, or his or her Family, or such and so much thereof as shall or may be applicable to the Case of every such Person; and to every such Petition shall be annexed an Affidavit verifying the Matters stated in such Petition.

XXVII. And be it further enacted, That in every Case where a Prisoner shall be or become of unsound Mind, and Proceedings shall be had under the said recited Act for the Discharge of such Prisoner by the said Court, all and every Estate, Right,

Title,

Title, Interest in Law and Equity, Real and Personal, Power, Benefit and Emolument whatsoever, which, if such Prisoner were of sound Mind, could or ought to be assigned by such Prisoner, pursuant to the Provisions of the said recited Act or this Act, shall, by force and virtue of the Order for the Discharge of such Prisoner, be vested in the Provisional Assignee of the said Court, or in other Assignee or Assignees appointed by the said Court, and named in the said Order, as fully and effectually, and in the same Manner, and with all and every the same Consequences and Effects, both in Fact and 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 the Manner in the said recited Act provided; and every Assignment hitherto made in such Case by the said Court is and shall be good and effectual to all Intents and Purposes; and that it shall be lawful for the said Court to order Judgment to be entered up against such Prisoner,in the same manner as if he or she had been of sound Mind, and had executed a Warrant of Attorney to authorize the entering up of such Judgment, in the manner by the said recited Act provided. XXVIII. And be it further enacted, That when any Assignment After Assignshall be avoided by a Commission of Bankrupt being issued against any Prisoner, no Action or Suit shall be commenced for any thing done under or by virtue of the said Assignment, except to recover any Property, Estate, Money or Effects of the said Bankrupt, detained after Demand thereof.

Former Assignments good. Court may order Judgments to be entered up.

ment avoided by Commission of Bankrupt, no Action to be

brought.

Exception.

Court may in

XXIX. And Whereas it may happen, that Money may re'main in the said Court, produced by the Estate and Effects of Insolvent Debtors who have taken the Benefit of the said recited Act, or some other Act for the Relief of Insolvent Debtors, which has not been, or may not be claimed by the Assignees or 'Creditors of such Insolvent;' Be it further enacted, That it shall and may be lawful for the said Court to cause the same or any Money Part thereof, to be invested in Government Securities, and to ap- Application ply the Interest and Profit arising therefrom towards defraying thereof. the Expences of the said Court: Provided always, that no such Time of invest Money shall be so invested until the same shall have been in the said Court for Twelve Months at the least.

vest unclaimed

ment.

In all Rules, &c. it shall be

sufficient to set out the Sub

stance, without

XXX. And be it further enacted, That in all Rules, Orders, Warrants and other Proceedings of the said Court, under the said recited Act or this Act, or any Act for the Relief of Insolvent Debtors, it shall be sufficient to set forth such Rule, Order or Warrant; or in case of a Warrant for the Apprehension or Detention setting out the of any Person for a Contempt in disobeying any Order or Rule other Proceedof the said Court, or for the Apprehension or Detention of any ings. Person for compelling the Appearance of such Person before the said Court, or for the enforcing any Rule or Order of the said Court, it shall be sufficient to set forth such Rule or Order and the Warrant thereon, and that the Insolvent in any Order, Rule, Warrant or other Proceeding mentioned has been duly discharged under the said recited Act or this Act, or some other Act for the Relief of Insolvent Debtors, if he has been discharged, or if he has not been discharged, that the Prisoner has applied by Petition to the said Court for his or her Discharge from Confinement, accord

In Indictments,
&c. for omitting
Property from
Schedule, &c.
it shall be suffi-
cient to set out
the Substance
of the Offence
charged.

Act may be altered, &c. this Session.

ing to the Provisions of the said Acts, without setting forth in any such Order, Rule, Warrant or other Proceeding, the Petition, Conveyance or Assignment to the Provisional Assignee, Appointment of Assignee or Assignees, or any Assignment whatever, or the Schedule, Balance Sheet, Order for Hearing, Adjudication, Order for Discharge or any other Rule, Order or Proceeding of or in the said Court, or any Part thereof, except as aforesaid.

XXXI. And be it further enacted, That in every Information or Indictment against any Person for having, with Intent to defraud his Creditors, wilfully and fraudulently omitted in his Schedule, as finally amended and filed in the said Court, at the Time of the Order for his Discharge from actual Custody, any Effects or Property whatsoever, or retained or excepted out of the Schedule, as Wearing Apparel, Bedding, Working Tools and Implements, and other Necessaries, more in Value than Fifteen Pounds, or against any Person for aiding and assisting to do the same, it shall be sufficient to set forth the Substance of the Offence charged on the Defendant, without setting forth the Petition or Conveyance or Assignment to the Provisional Assignee, Appointment of Assignee or Assignees, or any Assignment whatever, or Balance Sheet, Order for Hearing, Adjudication, Order for Discharge or Remand, or any Warrant, Rule, Order or Proceeding of or in the said Court, except so much of his Schedule as may be necessary for that Purpose.

XXXII. And be it further enacted, That this Act may be amended, altered or repealed by any Act or Acts to be passed in this present Session of Parliament.

CAP. CXXV.

An Act to enable Ecclesiastical Persons and others, in Ireland, to grant Leases of Tithes, so as to bind their Suc[6th August 1822.]

cessors.

astical Persons in Ireland more certain in their Amount, and more easy of Collection, and to avoid Controversies respecting the same, and to encourage the Industry and Enterprise of Farmers and Occupiers of Land; and the permitting Leases of Tithes to be made by Ecclesiastical Persons for Terms of Years 'certain, and to be binding on their Successors, may have a Tendency to produce the said good Effects, and may, under proper Restrictions, be just and expedient:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of September One thousand eight hundred and twenty two, it shall and may be lawful to and for all and every Archbishops, Bishops, Deans, Deans and sons in Posses. Chapters, Archdeacons, Prebendaries or other Dignitaries Ecclesiastical, and for all Parsons, Rectors, Vicars, Chapters, Vicars Choral and all other Ecclesiastical Persons and Bodies Corporate, of whatsoever Rank and Description, in Ireland, and to and for every Lay Impropriator or Person entitled to any impropriate Tithes or Portions

Ecclesiastical Persons, &c. may lease

Tithes to Per

sion of Lands out of which

such Tithes are issuable for the

21