to take the

either of the faid prisons, then infert, except [infert the name or
names of the prifoner or prifoners who have escaped] who, with-
out my knowledge, privity, or confent, hath or have escaped out of
the faid prifon of
and that the faid lift is a true, exact, per-
fect, and just list of all fuch perfons who were really and truly pri-
foners in actual cuftody in the faid gaol or prifon of

on the

faid firft day of January, one thousand seven hundred and fixty five,
and who, fince the faid first day of January, one thousand seven hun-
dred and fixty five, have been committed to, and really have been, and
now is or are, prifoner or prifoners in actual cuftody in the faid gal
or prifon of
or the liberties thereof; and that none of
fuch prifoners, to my knowledge, or with my privity,. have volunta-
rily, or with defign, or in expectation to take any benefit from or un-
der any act of parliament to be made for relief of infolvent debtors,
furrendered themselves, or been committed to the faid prifon, or got
their names entered as prifoners in the books of the faid prifon; er
fince the fame firft day of January, one thousand seven hundred and
fixty five, to my knowledge, or with my privity, have refided out of
the faid prifon of
or the rules thereof [but if any have
naming fuch by name]

fo done, add except

And that every other gaoler and keeper of any other prison or Other gaolers prifons in any county, city, town, riding, divifion, place, or following oath liberty, fhall feverally, on the delivering in of any fuch lift refpecon delivering tively, take an oath in the open court of the general or general in their lifts. quarter feffion of the county, city, town, divifion, liberty, or place, for which he or she shall deliver in any such lift, and fwear to the effect following; (that is to fay)

at the

A. B. upon my corporal oath, in the prefence of Almighty God, do folemnly fwear, profefs, and declare, That all and every perfon and perfons, whofe name or names are inferted and contained in the first part of the lift by me now delivered in and fubfcribed, was and were, to the best of my knowledge and belief, upon the first day of January, one thousand seven hundred and fixty five, really and truly prifoners in actual cuftody, in the prifon or gaol of fuit or fuits of the feveral perfons therein respectively mentioned; and alfo that all and every perfon and perfons, whofe name or names is or are inferted or contained in the fecond part of the faid list now by me delivered in and fubfcribed as aforefaid, have, fince the faid first day of January, one thousand feven hundred and fixty five, been committed or furrendered to the faid gaol or prison of (if any fuch prisoner or prisoners hath or have, fince the faid first day of January, one thousand seven hundred and fixty five, been committed or surrendered to fuch gaol or prifon) at the fuit or fuits of the feveral perfon or perfons therein respectively mentioned; except [if any exception is neceffary] fuch perfons as are therein particularly mentioned and defcribed to have died, been discharged, or removed to fome other prifon by process of law, or to have escaped out of fuch prifon, without my privity, knowledge, or confent, fince the faid first day of January, one thousand feven hundred and fixty five, and that

all

all and every of them, whofe name and names is and are contained in the first part of the faid lift (except as before excepted) to the best of my knowledge and belief, have really and truly continued and remained in actual cuftody, in the faid gaol or prison of ever fince the faid firft day of January, one thousand seven hundred and fixty five ; and that the faid lift is a true, exact, perfect, and just lift, of all fuch perfons as were really and truly prisoners in actual cuftody, in the gaol or prifon of on the faid first day of January, one thoufand feven hundred and fixty five, and who, fince the faid first day of January, one thousand seven hundred and fixty five, have been really and truly committed, or furrendered to the faid gal or prifon of (except as before excepted) to the best of my knowledge and belief; and that none of fuch prisoners, to my knowledge, or with my privity, have voluntarily, or with defign, or in expectation to take any benefit, from or under any act of parliament to be made for relief of infolvent debtors, furrendered, or been committed to the jaid prijon of or got his, her, or their name or names entered as prifoner or prisoners in the books of the said prifon, or, fince their commitment, have, to my knowledge, or with my privity, refided out of the faid prison of [if any have fo done, then add

except

inferting their names]

Which faid refpective oaths the faid juftices at the first or second

The oaths to

and fubfcribed

of the peace.

general or quarter feffion aforefaid, or at fome adjournment be adminifterthereof, within their respective jurifdictions, are hereby impow- ed by the juered and required to adminifter in open court; and the words ftices in court. of the faid oath herein before directed to be taken by the faid warden and marshal respectively, fhall be entered or written at the end or bottom of the lift which fhall be delivered in by them respectively, and shall be fubfcribed and fworn to by them refpectively in open court; and the words of the oath to be taken by every other gaoler or keeper refpectively, fhall be entered or and entered written at the end or bottom of the lift which shall be delivered at the bottom by them refpectively, and fhall be fubfcribed, and fworn to by of each lift. them refpectively in open court: and every fuch lift which shall be fo delivered in, fubfcribed, and fworn to, in purfuance of Lift to be kept this act, fhall be kept by the clerk of the peace of every fuch by the clerk county, riding, divifion, city, town, place, or liberty refpectively, in which any fuch lift as aforefaid fhall be fworn to, for the better fatisfaction of the said juftices, and information of all or any prifoner or prifoners therein named; and fo as the fame may, from time to time, be feen and examined by any creditor or creditors of fuch prifoner or prifoners, without fee or reward. III. And be it further enacted by the authority aforefaid, Copies of the That all and every gaoler and gaolers, and keeper of any gaol lifts to be deor prifon, is and are hereby required, ten days at least before be fix'd up in the first or second general or quarter feffion of the peace fhall be the prifons, held after the faid feventeenth day of June, one thoufand feven and on the hundred and fixty five, for the county, riding, divifion, city, gates thereof. town, place, or liberty, in which any fuch gaol or prifon fhall be, or to which the fame belong, to fix up, in fome confpicuVOL. XXVI.

Bb

ous

livered in to

Perfons inferted in the

ous place or places in every fuch prison, and at the most frequented and ufual gate, door, or entrance into every such prifon, three or more true copies of the lift or lifts proposed or intended to be delivered in by any fuch gaoler or keeper, at the faid general or quarter feffion, or at fome adjournment thereof. IV. And be it further enacted, That all and every person and perfons whofe name or names fhall be inferted in any fuch lift to be delivered in as aforefaid, who, upon the first day of January, one thousand feven hundred and fixty five, were really and truly prifoners in the actual cuftody of any gaoler or gaolers, or keeper of any prifon respectively of this kingdom, and did not come into or get his, her, or their names entered in the book of any gaol or prifon as a prifoner or prifoners there, with a view or defign to take the benefit of fome act for relief of infolvent debtors, and who shall take the oath herein after-menconforming to tioned, and thall perform on his or her part what is required to the regulati- be done by him or her by this act, thall be for ever released and discharged from his or her imprisonment, in fuch manner as hereafter is provided.

lifts being prifoners, without a fraudulent intention, on 1 Jan. 1765.

ons of this

discharged.

Prisoners in

for debt on or

themselves, on

V. Provided always, and be it enacted by the authority aforecuftody at the faid, That any prifoner or prifoners who fhall be in actual cuftime of palling tody at the time of paffing this act, and was or were, on or bethis act, who fore the first day of January, one thousand seven hundred and were arrested fixty five, arrested for any fum or fums of money by virtue of before 1 Jan. any writ or process iffuing out of any court of record, and held 1765, and held to bail thereon, and did, on or before the twelfth day of Februto bail, and ary, one thousand seven hundred and fixty five, render him, rendered her, or themselves, or was or were surrendered in discharge of or before 12 his, her, or their bail, and thereupon committed to prifon, Feb. 1765, and has or have continued therein until the paffing of this act, on conform by virtue of fuch commitment; every fuch prifoner or prisoners ing to the re- fhall, upon due proof of the premiffes upon oath, be discharggulations of this act, fhall ed from fuch debt or demand, in like manner as if fuch prifoner be discharged. or prisoners had been actually in prifon upon the faid first day of January, one thousand seven hundred and fixty five, and continued therein as aforefaid; fubject nevertheless to the fame reftrictions and provifions, and a compliance with the like terms, conditions, and qualifications, herein before imposed upon prifoners actually in cuftody upon the faid first day of January, one thousand seven hundred and fixty five; and alfo fubject to the fame terms and provifions relating to the estate and effects of every fuch prifoner as aforefaid.

Juftices upon VI. And be it further enacted, That it fhall be lawful for the petition of any justice or justices of any county, riding, division, city, town, the prifoner, place, or liberty, within this kingdom, upon the petition of any and his delivering a fuch prifoner or prifoners to any juftice or juftices of the peace schedule of within his or their respective jurifdictions, upon every such prihis estate. foner or prifoners fo petitioning, and, at the time of his or her fo petitioning, leaving with the juftice or juftices of the peace, who fhall be fo petitioned, a true copy of the schedule, containing his or her intended discovery of his or her real and perfonal

eftate;

eftate; to be sworn to at the first or fecond general or quarter feffion next enfuing after every fuch petition, or fome adjourn- are to issue ment thereof, by warrant under his hand and feal, or their their warrant hands and feals, to require the theriff or fheriffs, gaoler or gaol- for bringing ers, or keeper of any fuch prifon within the jurifdiction of any to the quarter the prifoner fuch juftice or juftices, to bring before the juftices at the first or feffions, &c. fecond next general or general quarter feffion of the peace, or any adjournment thereof, to be held, as the cafe fhall happen to be, next after the expiration of ten days from the date of fuch warrant, for fuch refpective county, riding, divifion, city, town, place, or liberty, the body of any perfon being in the faid prifon as aforefaid, with the warrant or warrants of his or her de- tainer and tainer, together with a copy or copies of the cause or causes сору of the which he, she, or they, is or are charged with in any fuch gaol writ, &c. or prifon as aforefaid, at the time aforefaid; which warrant of Gaoler, &c. to obey fuch every fuch justice or juftices every fuch fheriff and theriffs, gao- warrant. ler or keeper, is and are hereby commanded to obey.

with the war

rant of de

the clerk of

VII. And be it alfo enacted, That the copy of every schedule Schedule of which shall be left with any fuch juftice or juftices, fhall, with- the prisoner's in ten days after the fame fhall be fo left, be transmitted by the estate to be justice or juftices, with whom the fame fhall be fo left, to the transmitted to clerk of the peace for the county, riding, divifion, city, town, the peace, place, or liberty, in which the fame fhall have been fo left, for the inthere to remain and be infpected, from time to time, as occa- fpection of the fion fhall require, by any creditor of any fuch prifoner who fhall creditors. defire to infpect the fame.

ous notice

news papers:

VIII. And be it further enacted, that all and every prifoner Prifoners inand prifoners, who fhall intend to petition to be difcharged un- tending to peder this act, as aforefaid, fhall firft caufe publick notice to be in- tition for their serted in three several London Gazettes previous to fuch general discharge, are or quarter feffion, or the adjournment thereof, at which the faid to give previ prifoner or prifoners fhall apply to be discharged from any goal thereof thrice in London, or within the weekly bills of mortality; and if fuch in the gazette prifoner fhall be in cuftody in any gaol out of London, or the and other weekly bills of mortality, then alfo in fome news paper which fhall be published in or near the county, riding, divifion, city, town, liberty, or place, in the goal whereof he or she shall be fo in cuftody; containing the name, trade, and occupation, and two laft places of abode, if so many, of every fuch prifoner and contents of prifoners, and the prifon wherein he, fhe, or they, is or are the notice. confined, and of his, her, or their intention to take the benefit of this act, and mentioning fuch notice in each gazette or news paper, to be the first, second, or third notice, according to the time of publishing each of fuch notices; and for the inserting of each of which faid feveral notices in the faid gazette, or in 2d. each time other news paper, there fhall be paid, each time, by every fuch to be paid for prifoner, two pence, and no more: the first of which faid no- inferting fuch tices thall be fo inferted in the faid gazette, or in the faid other notices. news paper, as the cafe may require, thirty days at leaft, and First notice to the laft of the faid notices ten days at leaft, before any fuch first days, and the or fecond general or quarter feflion, or adjournment thereof, laft 10 days,

Bbz

any

fhall

and no more

be inferted 30

before the

quarter fef

fions, &c.

court, due

is to deliver

in a schedule

of his eftate,

debts, and creditors

shall be held as as aforefaid; fo that as well all the creditors who have not charged the faid prifoner or prisoners in custody, as those creditors who have charged fuch prifoner or prisoners in execution, or on mefne procefs, or otherwife, may have fufficient notice thereof.

IX. And be it further enacted, That every fuch prifoner as Prifoner being brought into aforefaid, who in pursuance of any fuch warrant as aforefaid, fhall be brought to any general or general quarter feffion, or any publication of adjournment thereof, thall, in cafe it fhall be proved upon oath the notices re- or by producing the faid three gazettes and news papers before quired being mentioned to the faid juftices at any fuch feffion, or the adjournproved, &c. ment thereof, that fuch notices were fo inferted in the London Gazette, and other news papers, where required, in manner as herein before is directed; and that the perfon or perfons fo petitioning, was or were actually a prifoner or prifoners on the faid first day of January, one thoufand feven hundred and fixty five, or fince, in the gaol or prifon in which his, her, or their name or names is or are fpecified in the lift of prisoners there delivered in at any fuch firft or fecond feffion, or any adjournment thereof as aforefaid, in pursuance of this act, fall, in open court at the faid general or quarter feffion, or any adjournment thereof, subscribe and deliver in a true schedule or account of all his or her real estate, either in poffeffion, reverfion, remainder, or expectancy; and also of the whole of his or her personal eftate which he or the, or any perfon or perfons in trust for him or her, or for his or her ufe, benefit, or advantage, is or are seized of, interested in, or intitled to, with the names of his or her feveral debtors, and where they refpectively live, or may be met with; and the feveral fums of money from them refpectively owing, and how the fame respectively became due, and are fecured, and if by mortgage, fpecialty, contract, note, or other writing, then the name and names and places of abode of the several witneffes who can prove fuch debts or contracts (if there be any fuch) and shall also make oath and swear to the effect following; (that is to say)

Prisoner's

oath on delivering in the faid schedule.

I
A. B. upon my corporal oath, in the prefence af Almighty God,
do folemnly fwear, proteft, and declare, That on the first day of
January, one thousand seven hundred and fixty five, I was a pri-
foner, or elfe, as the cafe may be, that fince the first day of Janu-
ary, one thoufand feven hundred and fixty five, I have furrendered,
or have been committed to the prison of
in discharge of

my bail, or for want of bail, as the cafe fhall be; and that I was
actually arrested before the faid first day of January, one thousand
feven hundred and fixty five, in the action or fuit, actions or fuits,
in which I furrendered, or was committed, as aforefaid, to the faid
gaol or prifon of
and that I have, ever fince my faid

furrender or commitment, continued a prifoner within the prison of
in the actual cuftody of the gaoler or

keeper of the faid prison of
the liberties thereof, at the fuit of

or within and without

any