fuit.

tempt, or otherwise; and an account of the time when fuch with the time prifoner or prisoners was or were respectively charged in cuftody, when charged, or received in prison, together with the name or names of the and at whofe person or persons at whofe fuit or profecution fuch prifoner or prisoners is or are detained; and fhall deliver the fame to the Lifts to be dejuftices of the peace, at their firft or fecond general quarter livered to the feffions of the peace, to be held after the paffing of this act, or quarter sesfions. at some adjournment thereof, for fuch county, riding, divifion, city, town, place, or liberty respectively.

11. And be it further enacted, That the warden of his Ma- Warden of the jefty's prison of the Fleet, and marshal of the King's Bench Prifon, Fleet, &c. to fhall feverally, on the delivering in of any fuch lift of prifoners take an oath in their respective cuftody, take an oath, in the open court of delivering in lifts. fuch general quarter feffion of the peace, or at fome adjournment thereof, to the effect following; (that it to say :)

on

IA. B. upon my corporal oath, in the presence of almighty God, do The oath.

folemnly fwear, profefs, and declare, That all and every person and perfons, whofe name or names is or 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 twenty-fecond day of January, one thousand feven hundred and feventy-fix, really and truly prifoners, in actual cuftody, in the prifon or gaol of

[infert the name of the prifon,] at the fuit or fuits of the feveral perfon or perfons therein refpectively mentioned; and also, that all and every person and perfons, whofe name or names is or are inferted or contained in the fecond part of the faid lift, now by me delivered in and fubfcribed as aforefaid have, fince the faid twenty-fecond day of January, one thousand feven hundred and feventy-fix, been committed or furrendered to the faid gaol or prison of

[infert the name of the gaol or prifon,] at the fuit or fuits of the Jeveral perfon or perfons therein refpectively mentioned; except fuch perfon or perfons who is or are in fuch lift particularly mentioned and deferibed to have died, been discharged, or removed to fome other prifon, by process of law, fince the faid twenty-fecond day of January, one thousand feven hundred and feventy-fix; and also except fuch perJon or perfons, who is or are in fuch lift particularly mentioned and defcribed to have been permitted to have gone out of the faid prison, by day-rules of the court of [Common Pleas, or King's Bench, as the cafe fhall be,] fince the faid twenty-fecond day of January, one thousand feven hundred and feventy-fix, to tranfact their affairs; and also except fuch perfon or perfons who is or are therein alfo particularly mentioned and defcribed to have, upon the faid twenty-fecond day of January, one thousand seven hundred and feventy-fix, or fince, been in the rules of the faid prifon, of the [Fleet, or King's Bench, as the cafe fhall be,] by leave of the [warden or marfhal of the faid prifon, as the cafe fhall be;] and have, to the best of my knowledge and belief, really and truly, ever fince, continued and remained in actual cuftody in the faid prifon, of the [Fleet, or King's Bench, as the cafe fhall be,] or the liberties thereof, at the fuit or fuits of the feveral perfons in the faid lift respectively mentioned; [and if any prifoner

All other gaolers on delivering in their lifts, to

take the following

Oath.

or prifoners hath or have, fince the faid twenty-fecond day of January, one thousand seven hundred and feventy-fix, efcaped out of either of the said prisons, then infert,] except

[infert the name or names of the prifoner or prifoners who have
efcaped,] who, without my knowledge, privity, or confent, bath or
have efcaped cut of the faid prifon of

and that the faid lift is a true, exact, perfect, and just list of all fuch
perfons who were really and truly prifoners in actual cuftody in the
faid gaol or prifon of
on the faid twenty-

fecond day of January, one thousand seven hundred and seventy-fix,
and who, fince the faid twenty-fecond day of January, one thousand
Seven hundred and feventy-fix, have been committed to, and really have
been, and now is or are, prifoner or prisoners, in actual cuftody, in the
faid gaol, or prifon of

or the liberties thereof; 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 themselves, or been committed to the faid prifon, or got their names entered as prifoners in the books of the faid prifon, or fince the faid twenty-fecond day of January, one thoufand Jeven hundred and feventy-fix, to my knowledge, or with my privity, have refided out of the faid prifon of

rules thereof, [but if any have fo done, add, except
naming fuch by name.]

or the

And that every other gaoler and keeper of any other prison or prifons, in any county, city, town, riding, divifion, place, or liberty, fhall feverally, on the delivering in of any fuch lift refpectively, take an oath, in the open court of the general quarter feffions of the county, city, town, divifion, liberty, or place, for which he or she fhall deliver in any fuch lift, and fwear to the effect following; (that is to fay:)

IA. B. upon my corporal oath, in the prefence of almighty God, do

folemnly fwear, profefs, and declare, That all and every person and perfons, whofe name or names are inferted or 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 twenty-fecond day of January, one thousand feven hundred and feventy-fix, really and truly prifoners in actual cuftody, in the prifon or gaol of

at the fuit or fuits of the feveral perfons therein respectively mention. ed; and alfo that all and every perfon and perfans, whofe name or names is or are inferted or contained in the fecond part of the faid lift now by me delivered in and fubfcribed, as aforefaid, have, fince the faid twenty-fecond day of January, one thousand feven hundred and feventy fix, been committed or furrendered to the faid gaol or prison of [if any fuch prifoner or prifoners hath or have, fince the faid twenty-fecond day of January, one thoufand seven hundred and feventy-fix, been committed or furrendered to fuch gaol or prifon,] at the fuit or fuits of the feveral perfon or perfons therein respectively mentioned, except [if any excep

tion is neceffary] fuch perfons as are therein particularly mentioned
and defcribed to have died, been difcharged, 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 twenty-fecond day of
January, one thousand seven hundred and feventy-fix; and that 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 in actual cuftody
in the faid gaol or prifon of
ever fince the

faid twenty-fecond day of January, one thousand feven hundred and
feventy fix, and that the faid lift is a true, exact, perfect, and just lift
of all fuch perfons as were really and trulý prisoners in actual custody,
in the faid gaol or prison of
on the faid
twenty-fecond day of January, one thousand seven hundred and feventy-
fix, and who fince the faid twenty-fecond day of January, one thousand
Seven hundred and feventy-fix, bave been really and truly committed,
or furrendered to the faid gaol or prison 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 faid prifon of

or got his, her, or their name or names entered as prifoner or prisoners in the books of the faid prifon, or, fince their commitment, have to my knowledge, or with my privity, refided out of the faid prifon of [if any have fo done, then add, except inserting their names.]

in court.

and entered and fubfcribed at the bottom

Which faid respective oaths the faid justices, at the first or fecond Oaths to be general quarter feffion aforefaid, or at fome adjournment there- adminiftered of, within their respective jurifdictions, are hereby impowered by the juftices and required to administer in open court: and the words of the faid oath herein-before directed to be taken by the faid warden and marshal respectively, thall be entered or written at the end or bottom of the lift which fhall be delivered in by them refpec- of the lifts. tively, and shall be subscribed and fworn to by them refpectively in open court; and the words of the oath to be taken by every fuch gaoler or keeper refpectively fhall be entered or written at the end or bottom of the lift which thall be delivered by them refpectively, and fhall be fubfcribed and fworn to by them refpectively in open court: and every fuch lift which fhall be fo Lifts to be delivered in, fubfcribed and fworn to, in pursuance of this act, kept by the fhall be kept by the clerk of the peace, town clerk, or other clerk of the officer acting as clerk of the peace of every fuch 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 faid juftices, and information of all or any prisoner or prisoners therein named; and fo as the fame may, from time to time, be seen and examined by any creditor or creditors of prifoner or prifoners, without fee or reward.

III. And be it further enacted by the authority aforefaid,

That

peace.

Three copies

of lifts to be fixed up in

&c.

That all and every gaoler and gaolers, and keeper of any gaol or prison, is and are hereby required, ten days at least before the firft or fecond general quarter feffions of the peace fhall be held, each prifon, after the paffing of this act, for the county, riding, divifion, city, town, place, or liberty, in which any gaol or prison shall be, or to which the fame belong, to fix up, in fome confpicuous place or places in every such prison, and at the most frequented and ufual gate, door, or entrance, into every fuch prison, three or more true copies of the lift or lifts propofed or intended to be delivered in by any fuch gaoler or keeper at the said general quarter feffions, or at fome adjournment thereof.

Perfons in

ferted in the lists being prifoners, without a fraudulent

IV. And be it further enacted, That all and every perfon and perfons, whofe name or names fhall be inferted in any fuch lift to be delivered in as aforefaid, who, upon the faid twentyfecond day of January, one thousand feven hundred and feventyfix, were really and truly prifoners in the actual cuftody of any intention, on gaoler or gaolers, or keeper of any prifon refpectively of this Jan. 22, 1776, 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 and conform. act for relief of infolvent debtors, and who fhall take the oath ing to this act, herein-after mentioned, and fhall perform, on his or her part, what is required to be done by him or her by this act, thall be for ever released and difcharged from his or her imprisonment, in fuch manner as hereafter is provided.

fhall be dif

charged.

Perfons arrested for debt, and

on or before

or before

June 26, 1776, and conform ing to this

V. Provided always, and be it enacted, That any person or perfons who fhall have been arrefted and in actual cuftody of an officer, for any fum or fums of money by virtue of any writ or held to bail, procefs, iffuing out of any court of record, and held to bail Jan. 1, 1776, thereon, on or before the first day of January, one thoufand furrendering feven hundred and feventy-fix, and who fhall, on or before the themselves on twenty-fixth day of June, one thoufand feven hundred and feventy-fix, furrender him, her, or themselves, in discharge of his, her, or their bail, and fhall thereupon be committed to prifon, every fuch perfon or perfons fhall, upon due proof of the premifes upon oath, be difcharged from his, her, or their debts and imprisonment, in like manner as if fuch perfon or perfons had been actually in prifon on the twenty-fecond day of January, one thousand seven hundred and feventy-fix; fubject neverthe lefs to the fame reftrictions and provifions, and a compliance with the like terms, conditions, and qualifications, herein-before impofed upon perfons actually in cuftody on the twenty-fecond day of January, one thousand feven hundred and seventy-fix, and also subject to the fame terms and conditions relating to the eftate and effects of every fuch prifoner as aforefaid.

act. fhall be discharged.

Juftices, on petition of

and his de

VI. And be it further enacted, That it fhall and may be lawful for any juftice or justices of the peace of any county, riding, any prifoner, divifion, city, town, place, or liberty, within this kingdom, upon the petition of any fuch prifoner or prifoners to any justice or juftices of the peace, within his or their refpective jurifdictions, upon every such prisoner or prisoners so petitioning, and

livering a

schedule of his eftate,

at

at the time of his or her fo petitioning, leaving with the justice or justices 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, tó be fworn to at the first or fecond general quarter feffion next enfuing after every fuch petition, or fome adjournment thereof, by warrant under his hand may issue their and feal, or their hands and feals, to require the theriff or warrant for brining him fheriffs, gaoler or gaolers, or keeper of any fuch prifon within to the quarter the jurifdiction of any fuch juftice or juftices, to bring before the feffions, &c. juftices, at the first or second next 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 person being in the faid prifon as aforefaid, with the warrant or warrants of his with the waror her detainer, together with a copy or copies of the caufe or rant of his detainer, &c. causes which he, she, or they, is or are charged with in any fuch gaol or prifon as aforefaid, at the time aforefaid; which warrant of every fuch juftice or juftices, every fuch fheriff and theriffs, gaoler, or keeper, is and are hereby commanded to obey.

eftate to be

VII. And be it alfo enacted, That the copy of every fchedule Schedule of which shall be left with any fuch juftice or jufticés, fhall, within the prifoner's ten days after the fame fhall be fo left, be tranfmitted by the tranfmitted to juftice or juftices, with whoin the fame fhall be fo left, to the the clerk of clerk of the peace, town clerk, or other officer acting as clerk of the peace, the peace, for the county, riding, divifion, city, town, place, or liberty, in which the fame thall have been fo left, there to re

main and be infpected, from time to time, as occafion fhall re- for inspection quire, by any creditor of any fuch prifoner who fhall defire to of creditors. infpect the fame.

ten days to

fhall forfeit

VIII. And be it alfo enacted, That every fuch juftice or juftices Any juftice, who shall refuse or omit, for the space of ten days, to tranfmit omitting for the copy of the schedule fo left with him as aforefaid, to the tranfmit a clerk of the peace, town clerk, or other officer acting as clerk of copy of the the peace, for the county, riding, divifion, city, town, place, or schedule to liberty, in which the fame fhall have been so left, fhall, for every the clerk of fuch offence, forfeit and pay the fum of ten pounds; which fhall the peace, &c. and may be fued for and recovered in any of his Majefty's courts ral, of record at Westminster, by action of debt, together with cofts of fuit, in the name of any perfon who fhall profecute for the fame; and one moiety of which money forfeited fhall, when recovered, go to the party who profecutes for the fame, and the other moiety thereof to the poor of the parish in which the offence fhall be committed.

IX. And be it further enacted, That all and every prifoner Prifoners in. and prifoners, who fhall intend to petition to be difcharged petition for under this act, as aforefaid, fhall first cause publick notice to be their dif inferted in three feveral London Gazettes, previous to fuch general charge, are to quarter feffion, and the adjournment thereof, at which the faid give previous notice thrice prifoner or prisoners fhall apply to be discharged from any gaol in London, or within the weekly bills of mortality; and if such &c.