fideration Your Majefty's moft Gracious Meffage, fignifying that the ancient Relations of Good Underftanding and Friendship between Your Majefty and the Emperor of Auftria have been happily • restored, and have been confirmed by Treaty, and that although the Provifions of the faid Treaty do not include any Stipulation for pecuniary Affiftance, Your Majefty is nevertheless defirous of being enabled to afford to His Imperial Majefty, fuch Affittance of that Defcription as may be called for by the Circumftances of the Conteft in which His Imperial Majefty is engaged against the common Enemy, and as can be furnished by Your Majefty confiftently with the other extended Demands upon the Refources of Your Majefty's Dominions; and that Your Majefty is equally defirous of continuing to the Spanish Caufe, fuch Succours as may be requifite for fuftaining and affitting the Efforts of that Nation againit the Tyranny and Ufurpation of France, as well as of giving Confitency and Effect to the Exertions of the People of Portugal, for the Defence of their lawful Government and National Inde'pendence; and that Your Majefty is therefore defirous of being enabled to provide for those Objects, and to take fuch other Meafures as the Exigency of Affairs may require, and do therefore 'moft humbly befeech Your Majefty that it may be enacted,' &c. Treafury may iffue Exchequer Bills for 3,000,000l. in Manner "directed by 48 G. 3. c. 1. Chargeable on the Firft Supplies of next Seffion. § 1-3. Intereft on fuch Bills not exceeding 3d. per Cent. per Diem. §4. Such Bills may be taken in Payment "of the Revenue, &c. after April, 5, 1810. § 5. Bank may advance "3,000,000l. on Credit of this Act. § 6. 46 CA P. CXV. An Act for the Relief of certain Infolvent Debtors in England. [19th June 1809.] WHEREAS it may be convenient in the past were, ded State of the Prifons and Gaols in England and Wale, that fome of the Prifoners confined therein, truly furrendering their • Effects to their Creditors, should be liberated, and enabled to parsue their different Profeffions and Occupations;' Be it therefore • enacted, &c. "Gaolers fhall make out Lifts of Prisoners in their Cuftody, on "February 1, 1809, and deliver the fame to the Quarter Seffions, "&c. 1. Such Lifts fhall be delivered on Oath in open Court, "and fhall be kept by Clerk of the Peace, and examined gratis. "§2. Copy of Lifts fhall be fixed up in Prisons, before Delivery to "the Seffions. 3. Prifoners in Cuftody on 1 February, 1809, for "Debts not exceeding 2,000l. fhall be discharged on conforming " to the A&t. § 4. V. And whereas many honeft but unfortunate Perfons whofe • Debts exceed the Sum of Two thousand Pounds, although willing to furrender their, Effects for the Benefit of their Creditors, have • been confined in Gaol many Years, and but for the Interpofition of the Legislature will be doomed to perpetual Imprifonment;' Be it therefore enacted, &c. Proot of the Truth of Objections. A.D.1809. "Perfons charged in Execution on I July, 1809, with Debts not "exceeding 3000l. and having been confined for Five Years previous "to this A&; and Perfons fo charged with Debts to any Amount "having been confined for Ten Years, fhall be discharged on con"forming to the A&t. §5. Juftices may, on Prifoners delivering "Schedules, iffue Warrants to bring them to the Quarter Seffions. 6. For holding a Special Seffion. § 7. Schedules fhall re"main with Clerk of the Peace. § 8. Debtors intending to apply "for Difcharge, fhall give Notices in the London Gazette, &c. $ 9. "Debtors fhall deliver Schedules to the Gaoler, previous to the "First Notice. § 10, 11. Debtors proving that Notices have been "given, fhall in open Court deliver in Schedules of their Effects on "Oath. § 12. Schedule and Oath to be fubfcribed by the Debtors. "Court, at the Requeft of Creditors, may examine Gaolers on "Oath. 13. Eftates and Effects of Debtors discharged, shall be "velted in the Clerk of the Peace, who fhall affign the fame to fuch "Creditors as the Court fhall dire&t in truft to get in D. bts, and "make Dividends. $ 14. Creditors for Annuities payable at any "future Time fhall receive Dividends as under a Commiffion of Bankruptcy. 15. All Estates of Debtors, though not inferted "in the Schedule, fhall be vetted in Clerk of the Peace. § 16. "Holders of Securities without Confideration, not entitled to claim as Creditors. § 17. Eftates hall remain vefted in the Clerk of "the Peace for the Time being. § 18. No Suit in Law or Equity fhall be fued by Affignees without Confent of the Majority of "the Creditors. 19. Schedules fhall be produced by the Clerk of "the Peace to Creditors. The Debtor's Right alone to be affected "by this A. § 20. Mortgages fhall take place of Debts of an "inferior Nature. § 21. Power of leafing Lands, &c. vested "in Affignees. § 22. Gaoler, on Requeft of Creditor, to be "fworn concerning the Cuitody and Commitment of D-btors. "§ 23, 24. At the Request of Creditors, Gaolers may be examined on Oath at the Seffions touching Commitments. Penalty on "Gaolers, Sheriffs, &c. difobeying Orders of Juttices, Six Months' "Imprifonment, &c. § 24. Penalty on Gaoler and Printer of London "Gazette or Newfpaper not complying with the Regulations of "this Act rool. § 25. Punishment of Gaolers for Perjury 50cl. for "Benefit of the Creditors. § 26. Penalty on Clerk of the Peace not "giving Copies of Adjudication of Discharge 201. § 27. Debtors "falfely fwearing fhall fuffer as for wilful Perjury. § 28. Debtors "difcharged fhall not be liable to be imprifoned for Debts prior to 1 February 1809. § 29. But fhall not be discharged from Debts "incurred fubfequent to 1 February, 1809 § 30. A&t may be "pleaded to any Action of Elcape, &c. § 31. A&t may be pleaded generally by Prifoners. §.32. Prifoners, who, on Application as "Infolvent Debtors, have been remanded back, and fince dif"charged without their Confent, entitled to the Benefit of this "A&. § 33. A&t shall not extend to Attornies or Servants em"bezzling Money, except where they have been confined Ten Years. $34. Nor to Perfons obtaining Money or Goods under falfe Pre"tences or fictitious Names, except where they have been confined Ten Years. § 35. 86 XXXVI. Provided always, and be it further enacted, That the Truth of each of the Objections and Exceptions aforesaid againft the the obtaining the Benefit of this A&t, fhall be proved by the Teftimony upon Oath of One or more credible Witnefs or Witnesses, befides the Teftimony upon Oath of the Perfon or Perfons making fuch Objections, or other legal Proof or Evidence admiffible in a Court of Law: Provided always, that no Prifoner, who fhall have Act shall not been remanded to Prifon under any Act heretofore paffed for the extend to PriRelief of Infolvent Debtors, for having fraudulently obtained Money, foners remanded Goods, or Securities for Money on falfe Pretences, or for having fe- to Prison under cretly or fraudulently removed Stock, Cattle, or other Effects, which any Infolvent were fubject or liable to be detained for Rent, or who fhall have loft Act, for fraudulently obtaining or forfeited the Benefit of any fuch former Act, by having made any Money, &c. fraudulent Sale, Transfer, Conveyance, or Affignment, fince his or her Imprisonment, to the Prejudice of his Creditor or Creditors, or who fhall have fraudulently obtained a Difcharge under fuch former A&t, or fhall have taken a falfe Oath under fuch Act, fhall have or receive any Benefit or Discharge under this A&t, but shall be remanded to Prison as aforefaid by the Juftices before whom he or the fhalı be brought up to take the Benefit of this Act: Provided always, that fuch Objections or Exceptions were fupported by fuch Proof or Evidence as is herein before provided and directed to be made under this prefent Act, and not otherwife; and that no Person shall be permitted to make the Objections in this Act mentioned against any Prifoner, except a detaining Creditor, or fuch Perfon or Perfons as have commenced their Action or Actions against fuch Prifoner previous to the First Day of February laft paft, grounded on the Matters in the faid Exceptions mentioned: Provided alfo, that no Perfon Nor to Perfons charged in Execution for Damages recovered in any Action for Cri- charged in minal Conversation with the Wife of the Plaintiff in fuch Action, or in Action for feducing or carnally knowing the Daughter or Female Servant of the Plaintiff, or in any Action for a malicious Profecution, or in any Action for any other malicious Injury, fhall have any Benefit under this Act, except only in Cafes where the Plaintiff in fuchi Actions refpectively fhall be dead, and no Perfon fhall have obtained Probate of the Will or Letters of Adminiftration of the Effects of fuch Plaintiff within Twelve Months after his Deceafe; except where fuch Perfon fhall have been confined in Prifon for the Space of Ten. Years last paft. "A&t shall not extend to Perfons removing Effects of the Value of 30/. liable to be diftrained for Rent, except where they have been "confined Ten Years. $37. Nor to Perfons felling or affigning "Effects to defraud Creditors, except where they have been confined "Ten Years. § 38. Nor to Perfons lofing Money at Play, except "where they have been confined Ten Years. $39. Penalty on "Gaolers not permitting Prifoners to be fpoken with, or Entry in "the Books of the Prifon to be feen, 40%. $40. Penalty on Gaoler "making falfe Entries 500l. § 41. Debtors refufing to discover the "Trade and Abode of the Perfon at whofe Suit detained, excluded "from the Benefit of this Act. § 42. Juftices for Surrey may ad"journ to the Seffion Houfe in Horfemonger Lane. § 43. Juftices "for York and Lincoln may hold a Seflion near to the County "Gaol. § 44. Juftices for the District of Holland may hold an ad"journed Seffion. § 45. Prifoners in Cuftody for Prifon Fees fhail "be discharged. § 46.. Execution for Damages reAction for Criminal Converfation, &c. except where they have been covered in any confined Ten Years. A&t shall not Crown or Fraudulent Dif. charges void. Future Eftates of Debtors difcharged under this Act fhall be liable for their Debts. any XLVII. Provided always, and it is hereby further enacted, That this A&t fhall not extend or be conftrued to extend to discharge any Prifoner fecking the Benefit of this A&t, with respect to any Debt or Penalty with which he or fhe fall ftand charged at the Suit of the Crown, or of any Perfon for 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 Act or Acts of Parliament relative to His Majefty's faid Revenues of Cultoms, Excife, Stamps, or Salt Duties, or any other Branches of Publick Revenue, unless 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 Juttices at their faid Seffion or Adjourn. ment thereof, for the Discharge of fuch Prifoner as aforesaid. "Determination of Juftices fhall be final, unless the Debtor gete rid "of the Objections to his Difcharge. § 48. Eftates of which Pri"foners are feifed in Tail, fhall be delivered up to their Creditors. "$49. Affignees may apply for further Examination of Debtors to two Juftices. $50. LI. Provided always, and be it enacted, That notwithstanding the Discharge of any Debtor or Debtora by virtue of this Act, if it fhall hereafter appear that the fame was obtained fraudulently, or that any Part of the Oath taken by any fuch Debtor was not true, then and in every fuch Cafe every fuch Discharge shall be void and of none Effect. 46 "Affignees with Confent of a Majority in Value of Creditors may "compound Debts, and submit Difputes to Arbitration. § 52. Penalty on Perfons concealing Debtors' Eftates 100%. and double Value. § 53. If Affignees die, others may be chofen. § 54. Courts "at Westminster, &c. on Complaint may remove Affignees. § 55. "In Cafes of Mutual Credit Balance shall be stated. § 56. Perfons "in Cuftody for Contempt in not paying Monies awarded, Coffs, "&c. entitled to the Benefit of this Act. §57. Perfons impri"foned by Courts of Confcience entitled to the Benefit of this A&t, "and Lifts fhall be returned of them to the Seffion. § 58. Affirma tion of Quakers may be taker. 59. Juftices may amend Notices "and Schedules in Matters of Form. § 60. The Infolvent, on re"leafing his Intereft, declared a competent Witnese. § 61. LXII. And be it further enacted, That nothing herein contained fhall be deemed or taken to discharge the future Eftate or Effects, Real or Perfonal, of any Perfon or Perfons discharged under this A&t, whether fuch Perfon or Perfons fhall or fhall not have been charged in Execution, of or from the Payment of any Debts, Damages, Colts, Sum or Sums of Money due, owing, or demandable from any fuch Perfon or Perfons, or in refpect of which any fuch Perfon or Perfons was or were in Cuftody; and all and every Person or Perfons entitled to receive or be paid any fuch Debt. Damages, Cofts, Sum or Sums of Money, fhall have all fuch and the like Remedies in Law or Equity againft fuch future Eftate and Effects, other than and except the neceffary Apparel and Bedding of fuch Perfon or Perfons and and their Family, and the neceffary Tools for his, her, or their Trade and Occupation, not exceeding the Value of Forty Pounds, but not against the Perfon of the Party, for Payment thereof, as he, she, or they might have had if this A&t had not been made; and in any Cafe in which the Payment or Recovery of fuch Demands or Sums of Money could, before the paffing of this Act, have been enforced only by Commitment, either on the Ground of Contempt or otherwife, of the Perfons liable thereto, the Party interested therein shall be and is hereby enabled to fue the Perfon or Perfons who ought to have paid the fame for what fhall remain unfatisfied thereof, in like Manner as if the Sum remaining unfatisfied had been Money lent and advanced by, or Money had and received for the Ufe of, the Perfon having fuch Demand, but fhall be entitled to recover or have Execution out of or against fuch future Eftate and Effects only, and fhall not be entitled to arrest or take in Execution the Party against whom fuch Demand fhall be enforced. "Perfons having taken the Benefit of any Infolvent Act within Five "Years, not entitled to Relief under this A&t. § 63. CA P. CXVI. An Act to make further Provifion for the Execution of the WHEREAS it is expedient to make further Provifion for Commiffioners o fioners fhall the Day on which Notice shall be given, which fhall be within 30 Days acter Information in Dublin Dif the better Execution of the feveral A&s relating to the Revenues, Matters, and Things, under the Management of the • Commiffioners of Cuftoms and Port Duties, and of the Commif. fioners of Inland Excife and Ts, in Ireland;' Be it therefore Trials before enacted, by the King's moft Excellent Majefty, by and with the Advice and Content of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That every Court of Commiffioners or Sub Commitfioners who, from and after the Expiration of One Calendar Month next after the Day of paffing of this Act, fhall fit to hear, try, or determine any Complaint or Information for any Offence against any Aft or Acts relating to the Revenues, Matters, and Things aforefaid, or any of them, fhall begin the Trial thereof on the Day of which Notice fhall be firft given for proceeding thereon; and whenever any fuch Complaint or Information fhall be to be tried within the District of Dublin (as fpecified and defcribed in an A&t made in the Forty. fixth Year of His prefent Majefty's Reign, intituled, An Aa to provide for the better Execution of the feveral Ads relating to the Revenues, Matters, and Things under the Management of the Commiffioners of Cuf toms and Port Duties, and of the Commiffioners of Inland Excife and Taxes, in Ireland,) fuch Day of Trial, of which Notice fhall be firft given as aforesaid, fhall be within Thirty Days next after the Complaint or Information fhall have been made, except only where any Goods, Wares, or Merchandize shall have been conveyed into the faid Diftri&t of Dublin from the District where the fame were actually seized; and whenever any Goods shall have been so conveyed into the trict (Sce46 G.3. c. 106. § 8.) and within 50 Days elsewhere. |