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Penalties, not exceeding 201.

before One

Juftice, &c.

A.D. 1809. Privilege, Protection, Wager of Law, or more than one Impariance fhall be allowed.

XLII. And be it further enacted, That it fhall be lawful for any Juftice of the Peace, or Deputy-Lieutenant, refiding near the Place may be recovered where any Offence fhall be committed against this Act, which subjects the Offender to any pecuriary Penalty not exceeding Twenty Pounds, to hear and determine fuch Offence at any Time within Six Months after the Offence committed, and fuch Justice of the Peace or Deputy-Lieutenant fhall, upon any Information, Exhibit, or Complaint made in that Behalf, fummon the Party accufed, and also the Witneffes on either Side, and fhail examine into the Matter of FaЯ, and upon due Proof made thereof, either by the voluntary Confeffion of the Party, or by the Oath of One or more credible Witness or Winelles, to give Judgment for the Penalty or Forfeiture, as by this A&t is directed, and to iffie his Warrant under his Hand and Seal, for the levying any pecuniary Penalties or Forfeitures fo adjudged, on the Goods of the Offender, and to caufe Sale to be made thereof in cafe they shall not be redeemed within Four Days, rendering to the Party the Overplus, if any; and where the Goods of the Offender cannot be found fufficient to anfwer the Penalty, to commit fuch Offender to Prison, there to remain for any Time not exceeding Three Months, unlefs fuch pecuniary Penalty fhall be fooner paid and fatisfied; and if any Perfon or Perfons fhall find himself or themselves aggrieved by the Judgment of fuch Justice or Deputy-Lieutenant, then he or they fhall and may, upon giving Security to the Amount or Value of fuch Penalty and Forfeiture, together with fuch Cofts as fhall be awarded in cafe fuch Judgment fhall be affirmed, appeal to the Juftices of the Peace at the next General Quarter Seffions for the County, Riding, or Place, who are hereby empowered to fummon and examine Witneffes upon Oath, and finally to hear and determine the fame; and in cafe the Judgment fhall be affirmed, it shall be lawful for fuch Juftices to award the Perfon or Perfons to pav fuch Cofts occafioned by fuch Appeal as to them shall feem meet. XLIII. And be it further enacted, Tnat if any Perfon or Persons fhall be fummoned as a Witness or Witneffes to give Evidence before fuch Juftice or Deputy-Lieutenant, touching any of the Matters relative to this Act, either on the Part of the Profecutor or Perlons accused, and fhall neglect or refuse to appear at the Time and Place to be for that Purpose appointed, without a reafonable Excufe for luch his, her, or their Neglect or Refufal, to be allowed of by such Juftice or Deputy-Lieutenant before whom the Profication fhall he depending, that then every fuch Perfon fhall forfeit for every fuch Offence any Sum not exceeding Five Pounds, to be levied and paid in fuch Manner and by fuch Means as is directed as to the other Penalties.

Penalty on Witneffes not appearing, 51.

Form of
Conviction.

XLIV. And be it further enacted, That the Juftice or DeputyLieutenant before whom any Offender fhall be convicted as aforefaid, shall cause the said Conviction to be made out in the Manner and Form following, or in any other Form of Words to the fame Effect, mutalis mutandis; that is to say:

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⚫ before me C. D. one of His Majefty's Juftices of the Peace [or, one

of

of the Deputy Lieutenants, as the Cafe may be] for the faid County, reiding near the Place where the Offence was committed, for that the faid A. B. on the

Day of

now laft paft, did, contrary to the Form of the Statute in that Cafe ⚫ made and provided; [here flate the Offence against this A&] and I do declare and adjudge that the faid A. B. hath forfeited the Sum • of

XLV. And be it further enacted, That no Order or Conviction made in England, in purfuance of this Act, by any Lieutenant, De puty-Lieutenant, or Juftice of the Peace, fhall be removed by Certiorari into any Court whatever, and that no Writ or Certiorari fhall fuperfede Execution, or other Proceedings upon any fuch Order or Conviction, but that Execution and other Proceedings fhall be had thereupon, any fuch Writ or Writs notwithstanding; and in like Manner no Sentence, Warrant, or Order of any Deputy Lieutenants or Juftice or Juftices of the Peace in Scotland, fhall be removed into any Court whatsoever by Bill of Advocation or Sufpenfion, or Process of Reduction, or in any other Manner whatsoever; and it shall not be competent to fift Execution or Procedure upon any fuch Sentence, Warrant or Order; and if any Perfon shall attempt to do fo by Bill of Sufpenfion or otherwife, the fame fhall be difmiffed as incompetent, and fuch Perfon fhall be fubjected in full Expences.

"A&t may be altered or repealed this Seffion. § 46.

SCHEDULE (A.)

LIST of Perfons enlifted for Militia, between

Orders and

Convictions fhall not be removed by Certiorari.

and

Day of

Day of

Names of Men. When enrolled. When joined.

one Child.

No Child-or, Place of Refidence
when enlifted.

49 Geo. III.

SCHEDULE

SCHEDULE (B.)

LIST of Men volunteered into the Line, and of the Order in which the Vacancies fo made are to be fupplied, in the County of

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[See Cap. 115.of

this Seffion as to England.]

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CA P. LIV.

An Act for the Relief of certain Infolvent Debtors in Ireland.

[27th May 1809.] HEREAS it may be convenient in the prefent Condition of the Prifons and Gaols in that Part of the United Kingdom of Great Britain and Ireland, called Ireland, that fome of the Prifaners who are now contined therein thould be fet at Licerty:' be at therefore enacted, &c.

"The feveral Gaolers in Ireland hall make out Lifts of Prifoners in their Cuftody, on 1t February 1809, and deliver the fame to the "first or fecond Quarter Seffion after palling the A&. § 1. Oath of "Gaolers on Delivery of Lifts to be administered in open Court. "Lifts fhall be kept by the Clerk of the Peace, and examined gratis. 2. Copies of Lifts fhall be fixed up in Prifons, before Delivery to the S-lions. §3. Prifoners in Cuftody on 1st February 1809, "for Non-payment of Debts not exceeding 1500l. may be dilcharged "under this A&t. § 4. Jultice of Peace, on Prifoners delivering

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Schedules,

"Schedules, may iffue Warrants to bring them to the Quarter Seffions. 5. Special Seffions may be held for executing this A&t. § 6. "Schedules fhall remain with Clerk of the Peace. § 7. Debtors in

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tending to apply for Difcharge fhall give Three Notices in the "Dublin Gazette, &c. § 8. Debtors fhall, previous to their firft Notice, "deliver Schedules of their Effects to Gaolers. § 9. Form of Notice. § 10. Debtors proving that Notices have been given, shall in open Court deliver in Schedules of their Effects, and make Oath "to their Imprisonment, and to the truth of the Schedule. § 11. "Schedule and Oath to be subscribed by the Debtors. Seffions at Requeft of the Creditor may examine Gaolers on Oath; and if "Debtor's Oath is not difproved, Seffiors may difcharge the Debtor. § 12. All Eltates and Effects of Debtor fo difcharged fhall be "vefted in the Clerk of the Peace, who fhall affign the fame to fuch "Creditors as the Court fhall direct, in trust 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 Time, may receive Dividends as under a Commiffion of Bankruptcy. § 14. All Elates of Debtors whatever, though not inferted "in the Schedule, fhall be vefted in the Clerk of the Peace. § 15. "Holders of Securities without Confideration fhall not be entitled to "any Dividend. § 16. Ellates fhall continue vefted in the Clerk of "the Peace for the Time being. § 17. Affinees thall not bring Suits "in Law or Equity without Confent of Majority of Creditors. 18. "Schedules fhall be produced by Cierks of Peace to Creditors. The "Debtor's Right alone fhall be affected by this A&t. § 19. Mort 46 gages fhall take place of Claims of an inferior Nature. § 20. Power "of leafing Lands, &c. vefted in the Affignees. f 21. Oaths of "Gaolers as to Cuftody and Conduct of Debtors, if required by Cre "ditors. 22, 23. If the Perfon delivering in Lift was not Gaoler on the brit Day of February he hail take the following Oath. Pe "nalties on Gaoler and Printer of Gazette or Newfpaper not complying with the Regulations of this A&t, 105. 24. Punishing "Gaolers for Perjury, 500l. half to the Informer and half to the "Creditors. 25. Penalty on Clerk of the Peace not giving Copies "of Adjudication of Difcharges, &c. 201. § 26. Debtors falfely "fwearing fhall fuffer as for wilful Perjury. § 27. Debtors dif charged fhall not be liable to be imprifoned for any Debts due prior to it February 1809. § 28. Prifoners fhall remain charged with "Debts become due after faid 1 February 1809. § 29. A&t may "be pleaded to any Action of Escape, &c. 30. A&t may be pleaded "generally by Prifoners. Act not to extend to Attornies or Servants, Agents, &c. embezzling Money. § 31. Act fhall not extend to "Perfons obtaining Money or Goods on falfe Pretences. $32. Nor to Prifoners remanded to Prifon under former Infolvent Acts for fraudulently obtaining Money, &c. 33. Nor to Perfons charged "in Execution for Damages recovered in any Action for Criminal "Conversation, &c. or any malicious Injury. § 33. Nor to Perfons "removing Effects of the Value of 20%. liable to be diftrained for Rent. 34. Nor to Perfons felling or affigning Effects to defraud Cre"ditors. $35. Penalty on Gaolers not permitting Prifoners to be fpoken with, or Entry in the Books of the Prifon to be seen, 40%. $35. Penalty on Gaoler for making falfe Entries, 500l. § 37. "Debtors refufing to difcover the Creditor detaining them, or to ap

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A&t all not
extend to

Debtors of the
Crown, or
Ofenders

Laws.

pear to any Creditor, excluded the Benefit of this A&t. § 38. "Prifoners in Cuftody for Prifon Fees difcharged. § 39.

XL. Provided always, and it is hereby further enacted, That this A& fhall not extend or be conftrued to extend to discharge any Prifoner feeking the Benefit of this Act, with respect to any Debt or Penalty with which he or she fhall ftand charged at the Suit of the againit Revenue Crown, or of any Perfon for any Offence committed against any A& or Acts of Parliament relative to His Majefty's Revenues of Customs, Excife, Stamps, or Salt Duties, or any of them, or any Branches of the Publick Revenue, or at the Suit of any Sheriff or other Publick Officer, upon any Bail Bond entered into for the Appearance of any Perfon profecuted for any Offence committed against any A& or Acts of Parliament relative to His Majefty's faid Revenues of Cuftoms, Excife, Stamps, or Salt Duties, or any other Branches of Publick Revenue, unlels any Three of the Lords Commiffioners of His Majesty's Treafury for the Time being fhall certify their Confent under their Hands to the faid Juftices at their faid Seffions or Adjournment thereof for the Discharge of fuch Prifoner as aforefaid. "Determination of Juftices fhall be final, unless the Debtor gets rid "of the Objections to his Difcharge. § 41. Eftates of which Fri"foners are felfed in Tail fhall be delivered up to their Creditors, "without Fine, &c. 42. Affignees may apply to two Juices of "Peace for further Examination of Debtors, who on Refufal to ap

pear may be committed. 43. Fraudulent Difcharges declared "void. § 44. Afignees, with Confent of the Majority in Value of "Creditors, may compound Debts and fubmit Difputes to Arbi

tration. § 45. Penalty on Perfous concealing Debtor's Eftates, "100l. and double Value for Benefit of the Creditors. § 46. If "Affignees die, others may be chofen. § 47. Courts on Complaint may remove Affignees. f 48. Where mutual Credit has been given, "Balance fhall be flated. § 49. Perfons in Cuftody for Contempt in

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not paying Monies, Cofts, &c. fhall be entitled to the Benefit of "this Act. § 50. And alfo Perfons imprifoned by Courts of Con"fcience. $51. No Perfons having taken the Benefit of an Insolvent A& within Five Years fhall be entitled to Relief under this A&t. "§ 52. Affirmation of Quakers may be taken. 53. Infolvent, on releafing his Interett in the Refidue of his Eftate, fhall be a good Witnefs. $ 54.

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CA P. LV,

An Act for rectifying Miftakes in the Names of the Commiffioners appointed by an Act of the laft Seffion of Parlia ment for appointing Commiffioners for carrying into Execution an Act of this Seffion of Parliament for granting to His Majesty a Duty on Penfions and Offices in England, and an Act, made in the Thirty-eighth Year of His prefent Majefty, for granting an Aid to Ilis Majefty by a Land Tax to be raised in Great Britain for the Service of the Year One thousand feven hundred and ninety-eight, and for appointing other Commiffioners together with thofe named in the first mentioned Act, to put in Execution an Act of this Seffion of

Parliament

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