« PreviousContinue »
Privilege, Protection, Wager of Law, or more than one Imparlance
Thall be allowed. Penalties, not XLII. And be it further enacted, That it shall be lawful for any exceeding 201.
Justice of the Peace, or Deputy-Lieutenant, residing near the Place may be recovered where any Offence shall be committed against this AA, which subjects before One Justice, &c.
the Offender to any pecuniary Penalty not excecding Twenty Pouuds, to hear and determine such Offence at any Time within Six Months after the Offence committed, and such Jultice of the Prace Deputy-Lieutenant Mall, upon any Information, Exhibit, or Com. plaint made in that Behalf, summon the Party accused, and also the Witnesses on either Side, and mail examine into the Matter of Faat, and upon due Proof maile thereof, either by the voluntary Confeflion of the Party, or by the Oath of One or more credible Witness or Wirnelles, to give Judgment for the Peoally or Forfeiture, as by this AA is dircct:d, and to issue his Warrant under his Hand and Seal, for the levying any pecuniary Penalties or Forfeitures lo adjudged, on the Goods of the Offender, and to cause Sale to be made ihereot in cafe they mhall not be redeemed within Four Days, rendering to the Party the Overplus, if any; and where the Goods of the Offender cannot be found sufficient to answer the Penalty, to commit such Offender to Prison, there to remain for any Time not exceeding Three Months, unless such pecuniarv Penalty shall be sooner paid and fatisfied; and if any Person or Persons Thall find himself or themselves aggrieved by the Judgment of such Justice or Deputy.Lieutenant, then he or they shall and may, upon giving Security to the Amount or Value of such Penalty and Forfeiture, together with such Cofts as shall be awarded in case such Judgment shall be affirmed, appeal to the Justices of the Peace at the next General Quarter Sessions for the County, Riding, or Place, who are bereby empowered to summon and exanine Witnesses upon Oath, and finally to hear and determine the same ; and in case the Judgment shall be affirmed, it shall be lawful for such Justices to award the Person or Persons to
pav such Colts occasioned by such appeal as to them shall seem meet. Penalty on XLIII. And be it further enacted, Tnat if any
Person or Persons Witnesles not shall be summoned as a Witness or Witnesses to give Evidence before appearing, 51. such Juftice or Deputy.Lieutenant, touching any of the Matters
relative to this Act, either on the Part of the Prosecutor or Persons accused, and shall neglect or refuse to appear at the Time and Place to be for that Purpose appointed, without a reasonable Excuse for luch his, her, or their Neglect or Refusal, to be allowed of by such Justice or Deputy-Lieutenant before who:n the Prolocution shall he depending, that then every such Person shall forfeit for every such Offence any Sum not exceeding Five Pounds, to be levied and paid in such Manner and by such Means as is directed as to the other
Penalties. Form of
XLIV. And be it further enacted, That the Justice or Deputy. Conviction.
Lieutenant before whom any Offender shall be convicted as aforesaid,
in the County A. B. of
was convicted before me C. D. one of His Majesty's Justices of the Peace [er, one
• of the Deputy.Lieutenants, as the Cafe may be] for th said County,
reliding near the Place where the Offence was committed, for that the s said A. B. on the
Day of • now lait paft, did, contrary to the form of the Statute in that Cafe • made and provided ; [here flate the Ofence against this Aa] and I • do declare and adjudge that the said A. B. hath forfeited the Sum • of
XLV. And be it further enacted, That no Order or Convi&tion Orders and made in England, in pursuarce of this Aě, by any Lieutenant, De. Convictions shall puty-Lieutenant, or Juftice of the Peace, shall be removed by Cer. not be removed tiorari into any Court whatever, and that no Writ or Certiorari Thall by Certiorari. fuperfede Execution, or other Proceedings upon any such Order or Cooviction, but that Execution and other Proceedings shall be had thereupon, any such Writ or Writs notwithstanding ; and in like Manner no Sentence, Warrant, or Order of any Deputy-Lieutenants or Justice or Juftices of the Peace in Scotland, shall be removed into any
Court whatsoever by Bill of Advocation or Suspension, or Process of Reduction, or in any other Manner whatsoever ; and it shall not be competent to lift Execution or Procedure upon any such Sentence, Warrant or Order ; and if any person shall attempt to do so by Bill of Sufpenfion or otherwise, the same shall be dismissed as incompetent, and such Person shall be subjected in full Expences. “ AA may be altered or repealed this Seffion. $ 46.
which the Vacancies so made are to be supplied, in the
Fines paid Sums paid co
luv Bal- Receiver-Ge-
lorted neral or Colment. ceived. plicd.
Mers. lector of Cess.
[27th May 1809.) HEREAS it may be convenient in the pref-nt Condit:on of Ser Cap. 115.0f
the Prisons and Gaols in that Part of the United Kingdom this Sejion as to of Great Britain and Ireland, called Ireland, that sime of the Pri. England.)
• siners who are now contined therein should be set at Liverty :' be it
Í 2. Copies of Lilts shall be fixed up in Prilons, before Delivery " to the S-lions. $ 3. 'Prisoners in Custody on it February 1809, " for Non-payment of Debts not exceeding 1500l. may be dilcharged “ under this Act. $ 4. Jultice of Peace, on Prisoners deliverirg
“ Schedules, may issue Warrants to bring them to the Quarter Sele “ fions. Ø 5. Special Sulfons may be held for executing this Act. $ 6. “ Schedules shall remain with Clerk of the Peace. $7. Debtors in" tending to apply for Discharge shall give Three Notices in the “ Dublin Gazetre, &c. Ý 8. Debtors shall, previous to their firft Notice, “ deliver Schedules of their Effects to Gaolers. Ø 9. Form of Notice. “ $ 10. Debtors proving that Notices have been given, shall in
open Court deliver in Schedules of their Eifcets, and make Oath “ to their Imprisonment, and to the truth of the Schedule. § 11. • Sci elule and Oath to be subscribed by the Debtors. Sefsions at
Request of the Creditor may examine Gaoiers on Oath ; and if “ Debtor's Oath is not disproved, Sefiors may discharge the Debtor.
$ 12. Al Etates and Effrets of Dubror so discharged shall be “ vested in the Clerk of the P-ace, who shall allign the same to such “ Crediturs as the Court Mall direct, in truit to get in the Effects “ and make Dividends thereof, &c. § 13. Notice of the making “ Dividends to be given. Cred.tors for Aanuities payable at any “ future Tune, may receive Dividends as under a Commision of Bank.
rupicy. § 14. All Elates of Debtors whatever, though not inserted “ in the Schedule, shall be vested in the Clerk of the Peace. 15. « Holders of Securities without Confideration shall not be entitled to “ any Dividend. $16. Ellates shall continue vested in the Clerk of " the Peace for the Time being. $ 17. Ali nees thall not bring Suits “ in Law or Equity without Content of Majority of Creditors. 18. “ Schedules shall be produced by Cierks of Peace to Creditors.
The " Debtor's Right alone shall be affected by this Act. $!9. Morts
gages shall take place ot Claims of an interior Nature. Ý 20. Power “ of leasing Laràs, &c. vested in the Assignees. Ņ21. Oaths of “ Gaolers as to Custody and Conduct of Debtors, if required by Cre. “ dito's. © 22, 23. If the Person delivering in List was not Gaoler “ on the frit Day of February he shail take the following Oath. Pea “ nalties on Gaoler and Printer of Gazette or Newspaper not come “ plying with the Regulations of this A&, 103). ♡ 24. Punishing “ Gaolers for Perjury, soɔl. half to the Informer and half to the “ Creditors. s 25. Penalty on Clerk of the Peace not giving C..pies " of Adjudication of Discharges, &c. 201. g 26. Debtors fallely “ (wearing Thall suffer as for wilful Perjury. § 27. Debtors dis. “ charged shall not be liable to be imprisoned for any Debts due prior
to it February 1809. § 28. Priloners shall remain charged with • Debts become due after said it February 1839. ♡ 29. A&t may “ be pleaded to any Action of Escape, &c. Ď 30. Act may be pleaded “ generally by Prisoners. Act not to excend to Attornies or Servants,
Agents, &c. embezzling Money. $31. At shall not extend to “ Persons obtainivg Money or Goods on false Pretences. $ 32. Nor “i to Prisoners remanded to Prison under former Insolvent Acts for " fraudulently obtaining Mon-y, &c. $ 33. Nor to Perfons charged “ in Executivn for Damages recovered in any AAion for Criminal “ Conversation, &c. or any mabcious Injury. § 33. Nor to Persons “ removing Effects of the Value of 201. liable to be distrained for Rent.
$ 34. Nor to Persons felling or afsigning Effects to defraud Cre. “ ditors. Ø 35. Penalty on Gaolers not permitting Prisoners to be
spoken witb, or Entry in the Books of the Prison to be seen, 401.
$ 35. Penalty on Gailer for making false Entries, sool. $ 37 • Dobtors refusing to discover the Credi:or detaining them, or to ap. 12
pear to any Creditor, excluded the Benefit of this Ac. $ 38.
“ Prisoners in Cuftody for Prison Fecs discharged. $ 39. Ali Mall not
XL. Provided always, and it is hereby further enacted, That this extend to
Act shall not extend or be construed to extend to discharge any Debtors of the (rown, or
Prisoner seeking the Benefit of this Act, with respect to any Debt O:fenders or Penalty with which he The fhall stand charged at the Suit of the againit Revenue Crown, or of any Person for any Offence committed againtt any A& laws.
or Acts of Parliament relative to His Majesty's Revenues of Cutoms,
pear may be committed. 43. Fraudulent Discharges declared “ void. $ 44. Affignees, with Consent of the Majority in Value of " Creditors, may compound Debts and submit Disputes to Arbistration. Ø 45. Penalty on Persous concealing Debtor's Eftates, “ 100!. and double Value for Benefit of the Creditors. § 46. If “ Assignees die, others may be chosen. § 47. Courts on Complaint
may remove Alligneer. Ø 48. Where mutual Credit has been given, “ Balance shall be itated. § 49. Persons in Custody for Contempt in " not paying Monies, Corts, &c. Mall be entitled to the Benefit of " this Act. $50. And also Persons imprisoned by Courts of Con“ science. À 51, No Persons having taken the Benefit of an Insolvent " AG within Five Years shall be entilled to Relief under this A&. § 52.
Affirmation of Quakers may be taken. Ø 53. Insolvent, on releasing his Interett in the Residue of his Eftate, shall be a “ good Witnele. ☺ 5+.
missioners appointed by an Act of the last Semion of Parlia-