the Exche- imbursement of any surety or sureties, or other quer to be person or persons, or the inhabitants of any discharged. parish, ward, or place, who shall or may have advanced and paid the debt to the crown, and by reason whereof the commissioners of Her Majesty's treasury may not be authorized to give their consent as last aforesaid, to apply to the barons of Her Majesty's Court of Exchequer in England or Scotland for his discharge, giving one month's previous notice in writing to the surety or sureties, or person or persons aforesaid, or to the churchwardens or overseers of the parish, ward, or place at whose instance or for whose benefit respectively such capias or extent shall remain in force, of the intention of such person so imprisoned to make such application, and an enumeration and description of all and every the property, debts, and effects whatsoever of such person, in his own possession or power, or in the possession or power of any other person or persons for his or her use, and for the said Court to whom such application shall be made to order such person to be brought before them, or before any baron of the said Court, to be examined upon oath touching and concerning his property and effects; and if such person shall upon such examination make a full disclosure of all his property and effects, and it shall otherwise appear to the satisfaction of such Court reasonable and proper that such person should be no longer imprisoned under such writ, for such Court or baron to order a writ of supersedeas quoad corpus to be issued out of the said Court for the liberation of such person from such imprisonment: provided always, that no such liberation as aforesaid shall be held or deemed to satisfy or supersede such extent, or

any proceedings thereon, except as to such imprisonment as aforesaid, or the debt or debts seized under and by virtue thereof, and for which such person shall be so imprisoned.

CV. And be it further enacted, that the pro- Officer of per officer of the said Court for the Relief of Court to Insolvent Debtors shall, on the reasonable re- produce proceedings quest of any such prisoner as aforesaid, or of and give any creditor or creditors of such prisoner, or his, copies. her, or their attorney, produce and show to such prisoner, creditor, or creditors, and his, her, or their attorney, at such times as the said Court shall direct, such petition, vesting order, schedule, order of adjudication, and all other orders and proceedings made and had in the matter of such petition, and all books, papers, and writings filed in such matter, and permit him, her, or them to inspect and examine the same, and shall provide for any such prisoner, creditor or creditors, or his or their attorney requiring the same, a copy or copies of any such petition, vesting order, schedule, order of adjudication, or other order or proceeding, or of such part thereof as shall be so required, receiving such fee as the said Court shall appoint for so providing the same; and that a copy of such peti- A copy of tion, vesting order, schedule, order of adjudica- such protion, and other orders and proceedings purport- under seal ceedings ing to be signed by the officer in whose custody to be adthe same shall be, or his deputy, certifying the mitted as same to be a true copy of such petition, vesting order, schedule, order of adjudication, or other proceeding, and purporting to be sealed with the seal of the said Court, shall at all times be admitted in all Courts and places whatever as sufficient evidence of the same, without any other proof whatever given of the same.

evidence.

when the

on circuit or

justices in

Wales.

Manner of CVI. And be it enacted, that when an order proceeding has issued for any such prisoner to be brought up to be dealt with according to this Act, at any hearing takes place place other than in Middlesex, Surrey, London, before com- and Southwark aforesaid, such prisoner shall, missioners within ten days after such order issued, or on such earlier day as shall be named in such order, cause the duplicate of such petition, if any petition shall have been presented by such prisoner, and the duplicate of such schedule, and all books, papers, and writings relating thereto in his or her possession or power, to be lodged with the clerk of the peace of the county, or county of a city or town, or of the town of Berwick-upon-Tweed, where he or she shall be in custody, or with the deputy of the said clerk of the peace, to be approved of by the said Court, and such prisoner shall be subject to such order as the said Court shall make to enforce compliance with the directions of this Act in this behalf; and that the said clerk of the peace, or his said deputy, shall, on the reasonable request of such prisoner, or of any creditor or creditors of such prisoner, or of his, her, or their attorney, produce and show to him, her, or them such petition and schedule, and such books, papers, and writings, and permit him, her, or them to inspect and examine the same, and may and shall receive the fee of one shilling from each and every creditor, or his or her attorney, at each time of his, her, or their so requesting and having the production of the same or any part thereof; and that such clerk of the peace or his said deputy shall provide for any such creditor or creditors, or his, her, or their attorney requesting the same, a copy or copies of such petition and schedule, or of such

part thereof as shall be so required; and that such clerk of the peace, or his said deputy, shall be entitled to receive four-pence for every sheet so copied, containing seventy-two words, and no more, unless the same shall be the last or only sheet, in which case he shall be entitled to fourpence for such last or only sheet, although it does not contain seventy-two words; and that every such duplicate as aforesaid, and all the said books, papers, and writings, shall be brought to the place of such hearing, and produced at such hearing by the said clerk of the peace, or his said deputy, who shall and is hereby required to attend at the hearing of every such prisoner, with proper officers to preserve order in the Court House or other place of such hearing; and where any such county shall be within the circuit of one of the said commissioners, then such clerk of the peace or his said deputy shall and may act as clerk to such commissioner, to assist him in the performance of his several duties under this Act; and in all such cases, both before such commissioner and before such justices as aforesaid, the said clerk of the peace, or his said deputy, shall, in consideration and recompence of and for his trouble in this behalf, be entitled to receive from every such prisoner so brought up for hearing as aforesaid the sum of five shillings, which shall be paid previously to the bringing up such prisoner for hearing as aforesaid: provided always, that if it shall at any time appear to the said Court that it is expedient that the duplicates of the petitions and schedules of prisoners confined in the gaol of any city, borough, town, or place at which the commissioners of the said Court shall give attendance on their circuits, so made

Power of

justices to

compel the attendance

as aforesaid, should be lodged with the town clerk or other officer of such city, borough, town, or place, and that the duties hereinbefore required of such clerk of the peace should be performed at such city, borough, town, or place, by such town clerk or other officer of the same, it shall be lawful for the said Court in any such case to order that the duplicates of the petitions and schedules last aforesaid, and all such books, papers, and writings as aforesaid, shall be lodged with such town clerk or other officer, instead of such clerk of the peace as aforesaid, and that all duties hereinbefore required of such clerk of the peace in respect of the same shall be performed by such town clerk or other officer, instead of such clerk of the peace, and that the said town clerk or other officer shall thereupon do and perform all the duties aforesaid at such city, borough, town, or place in the matters of all prisoners confined in the gaol thereof, and shall be entitled to receive the same fees and payments in respect thereof as are herein directed to be paid and made to such clerk of the peace or his deputy as aforesaid.

CVII. And it is hereby enacted, that such justices as aforesaid shall have such and the same powers of compelling the attendance of of witnesses. Witnesses, and of requiring and compelling the production of books, papers, and writings, for the purposes of this Act, as are hereinbefore given to the said Court and the commissioners thereof, subject to such provisoes and limitaClerk of the tions as the same are made subject to; and that peace may in all cases where the duplicate of any petition issue sub- and schedule shall have been so lodged as afore

pœnas.

said with any such clerk of the peace or his deputy as aforesaid, or with such town clerk or