Page:Ruffhead - The Statutes at Large - vol 5.djvu/365

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A. D. 1719. Anno fexto Geo rg 11 Regis. C. 22, 23. 325 cap. 'xxrr. An Aft for Relief of infolvent Debtors, and for the more eafy Difcharge of Bankrupts out of Execution, after their Certificates allowed. E A P. Every Sheriff", Gaoler, &c. fhall make a Lift of all Prifoncrs in their Cuftody on 24 June 17 19. And de- liver the fame upon Oath to the lirft Quarter-Seflions after May 1, 1720. Ferfons infertcd in fuch Lift-;, who were Prifoncrs on 'June 24, 1719. and fhall continue fo to their Difcharge (other than thofe committed by Judges Warrants on an Efcape) who fhall take the Oath in the Aft, fhall be difcharged in the Manner herein provided. Prifoner to deliver a Schedule of his Eftate, and the Names of his Debtors, i3c. Sche- dule to remain with the Clerk of the Peace, in whom the Eftate fhall be vefted, to be afTigned to the Cre- ditors. Juftices fhall order the Sheriff, &c. to difcharge fuch Prifoner without other Fee than '2 s. Fri- fpners difcharged fhall not be imprifoned for any Debt, C5>. contracted before 'June 24, 1719. Notwith- i'.anding the Difcharge of any Perfon, all Judgments fhall ftand good againft his Lands, &c. None ili.ill have any Benefit of this Aft unlefs difcharged by 2; March 1721. Not to extend to Scotland. Dif- charge hereafter appearing to be fraudulently obtained, fhall be void. None to have any Benefit who owes above 50 1. to one Perfon. Anv Judge of the Court where Judgment has been obtained againft a Bank- rupt, may, on his producing a Certificate of his Difcharge, order any Sheriff, &c. to difcharge him without Fee C A P. XXIII. An Act for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Tranfportation of Felons. ' I- XTf 7HERE AS the Laws in being have not yet proved effeftual to the fupprefling of Robbery, 4 VV Burglary, and other Felonies, and to the Tranfportation of Felons, and fome of the faid Laws ' wanting to be amended and enforced :' Be it enafted by the King's moft Excellent Majefty, by and with All the Powers the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this p relent Farliament given by4Geo. affembled, and by the Authority of the fame, That all the Powers and Authorities which are in and by an '• c - "■ to any Aft made in the fourth Year of the Reign of his prefent Majefty, intituled, An Ail for the further prevent- p>"rt byvrhom ing Robbery, Burglary and other Felonies, and for the more effeclual Tranfportation of Felons, and unlawful Ex- yi g. ' "^ ° n porters of iVool ; and for declaring the Law upon fome Points relating to Pirates, given to any Court tranfported, may before whom any Felons and Offenders, tried for and convifted of any Offences for which they may be executed by be fent or tranfported to any of his Majefty's Colonies or Plantations in America, fhall and may be ob- *"y fub/cquent ferved and executed by any other fubfequent Court with like Authority, held for the fame County, Riding, th ° e U f a t ' i d for Divifion or Liberty, where fuch Felons or Offenders were or fhall be tried and convifted, notwithftanding ty &i/ t ]{ ou X fuch other fubfequent Court fhall happen to be held at or in any other Town or Place than that wherein at; another fuch Trials or Conviftions were or fhall be. Place. II. Provided always, and it is further enafted by the Authority aforefaid, That the Court before whom Suoh Court may fuch Felons or Offenders (who may, by Virtue of the faid recited Ait, or by this prefent Aft, be tranf- appoint two Ju- ported, as aforefaid) were or fhall be convifted, or any other Court held with the like Authority for the fi> ces ° f the ~ fame County, Riding, Divifion, Liberty or Place, wherein they were or fhall be fo convifted as aforefaid, Coun,: ^ '^; c-to may nominate and appoint, if they fhall think fit, two or more Juftices of the Peace of and for the faid anv p er f ons tor County, Riding, Divifion, Liberty or Place, where fuch Offenders were or fhall be convifted, who fhall the Traniport?.- have Power and Authority to contraft with any Perfon or Perfons for the Performance of the Tranfporta- tion of fuch tion of fuch Felons and Offenders, who by Order of fuch Court or Courts are to be fent to any of the Felons; and may Colonies and Plantations aforefaid ; and to order fuch and the like fufficient Security (as the faid recited 5^"^ ^ Aft direfts to be taken by Order of Court) and alfo to caufe fuch Felons, purfuant to fuch Contrafts, to caWthe Felons be delivered by the refpeftive Gaolers in whofe Cuftody they are, fhall or maybe, to- the Perfon or Per- to be delivered fons contracting for them, or to his or their Affigns ; which faid Contrafts and Security fhall, from Time to the Perfons to Time, be certified by the Juftices, who fhall make and take the fame, to the next Court held with the " r ""' ain ? : like Authority for the faid County, Riding, Divifion, Liberty or Place, where fuch Felons were or fhall to £ e Mrtifah be convifted, to be filed and kept amongft the Records of fuch Court. the next Court. III. And it is further enafted by the Authority aforefaid, That all Charges in and about making the Con- charges about trafts, taking Securities, and conveying of Felons, in order to be tranfported, by Virtue of this or the faid Contrafts, &c. recited Aft, fhall be born by each County, Riding, Divifion, Liberty or Place, for which the Court was'fo be born by held that ordered fuch Felon or Felons, Offender or Offenders to be tranfported ; and their refpeftive Trea- eac ' 1 County, &c. fureror Treafurers fhall, by Order of the Juftices of the Peace in their refpeftive General Quarter-Sef- *f,.„ r ^ by thc fions, pay all fuch Charges and Expences to fuch Perfon or Perfons as fhall be imployed for the Purpofes aforefaid. IV. And it is further enafted by the Authority aforefaid, That all Securities for Tranfportation hereafter Securities for to be taken, purfuant to this or the faid former Aft, -fhall be by Bond, in the Name of the refpeftive Clerics?™ n fp°"ation oi the Peace of the County, Riding, Divifion or Place, as aforefaid, which faid Clerks of the Peace, and 'o^uithe their Succeffors fhall, from Time to Time, profecute fuch Bonds in their own Names, to which Purpofe cieSct ? cVthe the fhall be deemed and taken to be a Body Corporate, and be paid all fuch Cofts, Charges and Expences, p e ,ce, who/haji as they or any of them fhall fuftain or expend in any fuch Suit, as the laid Juftices of the Peace fha'l at their profecute in ;heir General vOiarter-Seflions of the Peace direft, for the Penalty of fuch Bond, or otherwife howfocver by 0V -' nNatr, '- s: Reafon thereof, out of the publick Stock, and by the refpeftive Treafurer or Treafurers, as aforefaid ; and AnJ Wcnjes. that all Monies recovered on any fuch Security or Bond entred into, as aforefaid, fhall be to and for the ! p "' l ;; r ^ a :' r ' l ! ; !l Ufe of the refpeftive County, Riding, Divifion and Place, and be paid to fuch refpeftive Treafurer or Tr; a- t h"5}reftHe '° ,' furcrs, county, &+,