shall, by order of the court from whence the process issued, be 32 G. 2. c. 28. summoned to appear at the said assizes, if they can be met with; if not, then the attorney last employed for such creditors; and a copy of such order shall be served on every such creditor, or his executors or administrators, or left at his dwelling-house or usual place of abode, or with his attorney last employed, fourteen days at least before such assizes. And upon affidavit of such service thereof being laid before the judge of assize, he shall, on being satisfied with the truth of such affidavit, appoint a time for hearing the matter of the petition on some certain day and time, on the crown side of such court, during such assizes. And on the appearance of the said creditors, or in default of their appearance either in person or by attorney, then on proof of their being duly served with the notice, and of a copy of the schedule being comprised in such notice, and of the rule of such court for their appearance being duly served, the judge shall in a summary way examine into the matter of the petition, and hear what shall be alleged on either side for or against such discharge, and administer the aforesaid oath to the prisoner, and make such order in the premises as to him shall seem meet, and proceed in manner as aforesaid concerning the prisoner's discharge, and give the same judgment, relief, and directions relating thereunto as any court out of which the process shall issue is herein-before directed to do. And the order of the said judge shall stand good, and be entered upon record in such assizes or great sessions; and a copy thereof (signed by the judge) shall be transmitted to the court from whence the execution issued, to be there also entered upon record.

By 52 G. 3. c. 34. § 1. it shall be lawful for such court to order such debtors and others to be brought up before any justices of the peace assembled at any general or quarter sessions of the peace which shall be mentioned in any petition of any such debtors or others to be holden for any county, city, liberty, franchise, or jurisdiction within the distance of twenty miles of the gaol wherein such debtors or others so petitioning shall be confined, instead of ordering such debtors or others to be brought up before a judge of assizes in all cases where such court shall think proper so to do, and such sessions shall be holden either nearer in point of distance from such gaol or of time than the assizes at which such judge of assize would be present would be holden; and the justices so assembled in sessions before whom any such debtors or others shall be brought in pursuance of any such order, shall hear and determine the matter of such petition, and do all other such matters to the same effect and in the same manner, as near as may be, as by the said 32 G. 3. c. 28. the judge of assizes on the crown side is required to do and perform; and all orders made by such justices shall be as valid as if made in the court out of which process against such debtors had issued, and the same shall be made records of such sessions, and copies thereof shall from thence be transmitted signed by the person presiding at such sessions to the court or courts out of which process had issued against such debtors or others, to be a record of such court or courts, and kept among the records thereof; and all enactments, provisions, &c. &c. penalties, liabilities, benefits, advantages, and protections or indemnities in the said acts or either

52 G. 3. c. 34. Debtors may be brought before ral sessions injustices at genestead of a judge of assize, &c.

52 G. 3. c. 34.

33 G. 3. c. 5. $5.

Further time

allowed to take the benefit of 32 G. 2. c. 28.

33 G. 3. c. 5.

$ 5.

How compell

able to deliver up.

Notice of in

of them contained, applicable to any thing to be done before any judge of assize, or by any person in obedience to any order made, the authority of the said acts or either of them, or otherwise under or in pursuance of any provisions in the said acts or either of them contained, are hereby declared respectively to extend to and be applicable to all like things by this act authorised to be done before any such justices so assembled, or by any person in obedience to any order or orders made under the authority of this act or otherwise, or authorised to be done by virtue thereof, in as ample manner as if all had been fully re-enacted in this act. And by 33 G. 3. c. 5. § 5. debtors who have neglected to take the benefit of the aforesaid act, 32 G. 2. c. 28. within the time therein limited, and shall have remained in prison one year, and shall make it appear to the court out of which execution issued that such neglect arose through ignorance or mistake, such debtor shall then be entitled to take the benefit of the said act, as if he had taken the same within the time by the said act limited.

Creditors at whose suit debtors shall be under execution may file interrogatories for the examination of such prisoners before their being admitted to take the benefit of this or the said former act.

By the said act of 32 G. 2. c. 28. § 16. If any prisoner who shall be charged in execution for any debt or damages not exceeding 100%., [And by 33 G. 3. c. 5. § 3., the same is extended to any sum not exceeding 3007. (a)] besides costs of suit, shall not within three months next after his commitment, or being charged in execution, make satisfaction to his creditors who charged him in execution for such debt, damages, and costs, any such creditor or creditors may require him, on giving twenty days' tent to compel. notice to him in writing that they design to compel him to give in to the court from which the process issued, or in to the court in the prison whereof he shall be removed by habeas corpus, or shall remain or be charged in execution, within the first seven days of the term next after the expiration of the said twenty days, in respect to any prisoner charged in any prison belonging to the courts at Westminster; and at the second court which shall be held by any such other court of record after the expiration of the said twenty days, in respect to any prisoner charged in any prison belonging to such other court; and where such prisoner shall be charged in execution in any county gaol or other prison above twenty miles distant from Westminster-hall or from the court out of which the process issued, then to give in upon oath at the assizes or great sessions respectively and on the crown side thereof, which shall be held for such place next after the expiration of such twenty days from the time of giving notice as aforesaid, a true account in writing, to be signed by him, of all his real and personal estate and of all incumbrances affecting the same, to the best of his knowledge and belief, in order that the estate and effects of such prisoner may be divested out of him, and by the court ordered to be assigned and conveyed as hereafter mentioned for the benefit of such his creditors. And every such creditor requiring such prisoner to be brought up as afore

(a) The 33 G. 3. c. 5. is made perpetual by 39 G. 3. c. 50.

said, shall give twenty days like notice in writing of his intention 32 G. 2. c. 28. to require such prisoner to be brought up, to every other creditor § 16.

$ 17.

at whose suit such prisoner shall be detained or charged in custody Notice of inin such gaol, if they can be found; and if not, then to the tent to bring up. several attornies last employed by such other creditors; and shall also give a like notice in writing to the sheriff or gaoler of such his intention to have such prisoner brought up, and to require such sheriff or gaoler to bring him up accordingly; such notice to be given twenty days at least before the time appointed for him to be brought up. And thereupon such sheriff or gaoler shall at the costs of such creditor cause such prisoner to be brought to such court as by the notice is required, together with a copy of the cause or causes of his detainer; and if such sheriff or gaoler, on such notice given to him as aforesaid and tender made to him by such creditor of reasonable charges not exceeding 1s. a-mile, shall neglect or refuse to bring him up as aforesaid, he shall forfeit 201. to the party grieved, with treble costs. And such prisoner so brought up, shall on proof there first made of such notices being given as aforesaid, deliver in there in open court upon oath a full, true, and just account, disclosure, and discovery in writing of the whole of his real and personal estate, and of all books, papers, writings, and securities relating thereto, and also of all incumbrances then affecting the same, and the respective times when made, to the best of his knowledge and belief (except the necessary wearing apparel and bedding of him and his family, and the necessary tools or instruments of his trade or calling, not exceeding the value of 107. in the whole); which account shall be subscribed by him. And on delivering in such account, the estate and effects of such prisoner shall be assigned and conveyed by him, by a short indorsement on the back of the said account, to such persons as the court shall direct, in trust and for the benefit of the creditors who shall have required such prisoner to be brought up, and of such other creditors (if any there be) at whose suit such prisoner shall be charged in custody or in execution in any such gaol, and who shall, by any memorandum or writing signed by them before such assignment made, consent to such prisoner's being discharged, and also agree to accept a proportionable dividend of such prisoner's estate and effects: and if there be no other such creditor, or being such, if such creditor shall not agree in writing to discharge such prisoner and to accept such dividend, then in trust for the creditors only who shall require such prisoner to be brought up. And by such assignment and conveyance, all the prisoner's estate and effects shall be vested in the creditors to whom the same shall be assigned in trust as aforesaid. And upon such discovery, assignment, and conveyance being made and executed, the court shall discharge the prisoner in the actions and charges of every such creditor, who required the prisoner to be brought up, or who signed such consent as aforesaid, on paying 2s. 6d. as a discharge fee, and no more, to the officers of the court. And no stamp shall be necessary on such assignment or on any rule or order for such discharge. But all the future effects of such prisoner (except the necessary wearing apparel of him and his family, and the necessary tools or instruments of his trade or calling,) shall be liable to satisfy his debts,

32 G. 2. c. 28. if the same shall not be fully paid from his estate so assigned as aforesaid; and no advantage in any suit shall be taken by him, for that the cause of action did not accrue within six years next before the commencement of such suit, unless he was entitled to make such advantage before he stood charged in custody by virtue of the original suit or action.

$ 17.

Assignees may compound.

Misbehaviour

And if he shall neglect or refuse to deliver in and subscribe such account as aforesaid, within the time herein-before appointed, or within sixty days then next following, without making appear some just excuse to be allowed of by the court; or shall refuse to assign or convey his estate and effects, according to the order of such court; he shall on conviction upon indictment be transported for seven years: And if he shall deliver in a false account, or designedly conceal and not insert in the account any books, papers, securities, or writings relating to his estate and effects, with intent to defraud his creditors, and shall be thereof convicted on indictment, he shall suffer as for wilful perjury.

By the said act of 32 G. 2. c. 28. § 21. The assignees may compound with any debtors or accountants to such prisoner, and take such reasonable part of any debt due as can upon such composition be gotten, in full discharge of such debt or account, and also may submit matters to arbitration relating to the prisoner's estate and effects, which shall be binding to all the parties: the arbitrators to be chosen by the assignee and the party with whom the difference shall be; and if they do not agree, they shall choose an umpire.

§ 23. And where mutual credit hath been given between the prisoner and any other before the delivery of the schedule, the assignees may state and allow the account between them, and receive the balance.

§ 22. And it shall be lawful for the respective courts at Westin the assignees. minster from whence the process issued, or where the prisoner shall have been charged in execution by process issued out of any other court, it shall be lawful for the judges of the courts of king's bench, common pleas, and exchequer, or any of them, from time to time, on the petition of any creditor who had charged such prisoner in execution, or of such prisoner, complaining of any insufficiency, fraud, mismanagement, or other misbehaviour of any assignee, to order the parties to attend such judge or court thereon; and upon hearing, they shall make such order, either for the removal of such assignee and appointing a new one, or for the just management of the effects, as to them shall

Gaoler to have only his dividend.

Prisoner discharged shall not be again arrested.

But his effects shall be liable.

Persons guilty of perjury.

seem meet.

$ 19. If the effects assigned shall not satisfy the whole debt and the gaoler's fees, the gaoler shall receive only a proportionable dividend with the other creditors.

§ 20. A prisoner discharged shall never after be arrested or liable to action for the same debt, unless convicted of perjury.

§ 20. But nevertheless, the judgment against him shall continue in force, and execution thereon may be had at any time against his lands and goods, other than his necessary wearing apparel and bedding for himself and family, and the necessary tools of his trade or occupation not exceeding 107. value in the whole.

18. If any person, who shall take any oath as by this act required to be taken, shall upon any indictment for perjury be con

victed by confession or verdict, he shall suffer as for wilful 32 G. 3. c. 28. perjury, and shall also be liable to be taken on any process de novo, and shall never after have the benefit of this act.

$ 24. Is repealed by 52 G. 3. c. 34. § 2.

And by 31 G. 3. c. 46. § 6. The bye-laws made by the said act Bye-laws to be of 32 G. 2. c. 28. shall be exactly conformed to.

And by 26 G. 3. c. 38. § 1. No debtor, who shall be committed to prison upon process in any court for the recovery of small debts authorised by particular acts of parliament, where the debt does not exceed 20s., shall be kept in custody, on any pretence whatsoever, more than twenty days from the time of his commitment; and where the original debt does not exceed 40s. more than forty days; and all gaolers and keepers of prisons are required to discharge such persons accordingly.

3. And no such gaoler or keeper shall take or demand any gaol fees, or discharge fees, or other reward or gratuity whatsoever, on pain of forfeiting 51. for every such offence.

2. Provided, that where it is proved by two witnesses on oath before the court or commissioners, that any debtor has money or goods which he has wilfully and fraudulently concealed, the commissioners may enlarge the aforesaid times of imprisonment, for debts under 20s. to any time not exceeding thirty days, and under 40s. not exceeding sixty days, to be specified in the commit

ment.

§ 4. 5. 6. And two justices may hear and determine any offences against this act; and on information made within two calendar months after the offence shall be committed, may summon the party accused, and witnesses on either side, and upon confession or the oath of one witness may give judgment for the penalty, and levy the said penalty of 51. by distress and sale, in case the goods be not redeemed in four days, to be applied half to the informer, and half to the poor of the parish where the offence is committed (the necessary charges being first deducted); and, if sufficient distress cannot be found, may commit the offender to prison for two months, unless the penalty be sooner paid.

By stat. 53 G. 3. c. 102. After reciting the inefficacy of occasional acts which have from time to time passed for the relief of insolvent debtors, and that it is expedient to make a permanent provision for their relief, his majesty is empowered to appoint a commissioner to preside in a court to be called "The Court for the relief of Insolvent Debtors." This statute (amended by 54 G. 3. c. 23. and 56 G. 3. c. 102.) was to continue in force until the first day of November 1818, and until the end of the then next session of parliament; but by stat. 59 G. 3. c. 129. is continued until the expiration of three calendar months after the next session of parliament.

As it is probable, from what occurred during the last session, that the acts before mentioned will not be continued, but a general statute passed upon this subject, it is not deemed expedient to insert them here at length: whatever enactment shall take place before the publication of this work, will be found in the Addenda. Ed. December 1. 1819.

conformed to.

26 G. 3. c. 38. Debtors imprisoned by courts

of conscience.