other officer as aforesaid, such clerk of the peace, or his said deputy, or such town clerk or other officer, is hereby authorized to issue all subpoenas under this Act as may be requisite, in each of which the names of not more than four persons shall be inserted, and to receive for such subpoena from the person requiring the same the sum of two shillings and sixpence, and

no more.

to be ap

pointed for

CVIII. And be it enacted, that the said Court Examiners for the Relief of Insolvent Debtors in all cases, or any commissioner thereof on his circuit, or counties. such justices as aforesaid in open Court at such sessions as aforesaid respectively, may from time to time, as occasion shall require, appoint as many fit persons as shall be requisite to be examiners for the purposes of this Act within any county or division thereof, or any city or town; and that such examiner shall and may Their fees. receive for his trouble the sum of one pound, and no more, for every meeting held by him in pursuance of this Act, to be paid by the person or persons requiring the same.

CIX. And be it enacted, that the keepers of Fee to keepthe several prisons in London and Middlesex, er for carand of the prisons of the Queen's Bench, Mar- rying each prisoner beshalsea, Horsemonger Lane, and of the borough fore the of Southwark, shall be entitled to receive the Court. sum of three shillings, and no more, from every prisoner in the custody of such keepers respectively, for carrying him before the said Court on the hearing of such prisoner as aforesaid; and that all keepers of prisons shall be entitled to receive the sum of one shilling and sixpence, and no more, from every prisoner in the custody of such keepers respectively, for carrying him before a commissioner of the said Court on

his circuit, or before such justices as aforesaid at their sessions aforesaid, on the hearing of For paying such prisoner; and that the expense of conveythe expense ing any prisoner to any assize or other town aping prison pointed as the place of hearing the matters of ers to the as- his or her petition as aforesaid, in every case size towns; where the gaol in which such prisoner shall be

of convey

confined shall not be situate within such assize or other town, not exceeding one shilling a mile, shall be paid to the keeper or gaoler or other officer who shall bring such prisoner to such assize, or other town, in obedience to the order of the said Court, out of the estate and effects of such prisoner, if the same shall be sufficient to pay such expense, and if not, then such expense shall be paid by the treasurer of the county, or county of a city or town, in which such prisoner shall be imprisoned, as the same shall be directed or ordered by the commissioner or justices before whom such prisoner shall be so brought in pursuance of such order; and also the and in all such cases the reasonable expense other ex- of such clerk of the peace or his deputy as penses in aforesaid, and of such proper officers to prepursuance serve order, as hereinbefore mentioned, and all other expenses necessary for making ready such court-house or other place as aforesaid for the despatch of business, in pursuance of this Act, shall be paid by such treasurer as aforesaid; and the justices of the peace of every such county, or county of a city or town, are hereby empowered and required to order such treasurer to pay the same at their general or general quarter sessions next ensuing the day when such hearing shall have taken place: provided nevertheless, that where the duties at any city, borough, town, or place shall be performed by

of this Act.

any town clerk or other officer, in pursuance of such order of the said Court as above mentioned in that behalf, the reasonable expenses of such town clerk or other officer, and of such proper officers as aforesaid, and of such courthouse or other place as aforesaid, shall be defrayed by the said city, borough, town, or place, in the same manner as such like expenses are defrayed therein upon other occasions.

sons indem

the Court.

CX. And be it further enacted, that every she- Sheriffs and riff, gaoler, keeper, or other officer of any prison, other perwho shall do any thing in obedience to any nified for order of the said Court for the Relief of Insol- obeying the vent Debtors, or of any commissioner thereof, orders of or of any justice or justices of the peace, officer of the said Court, or such examiner as aforesaid, authorized by the said Court, by virtue of this Act, shall be and is and are hereby indemnified for whatsoever shall be done by them respectively in obedience thereto; and that if any action of If action for escape, or any suit or action, be brought against escape, &c. any judge, commissioner, justice of the peace, brought, the general sheriff, gaoler, keeper of any prison, or any issue may person, for performing the duty of his office, in be pleaded, pursuance of this Act, such judge, commis- and this Act sioner, justice of the peace, sheriff, gaoler, dence. keeper of prison, and other person may plead the general issue, and give this Act and the special matter in evidence; and if the plaintiff be nonsuited, or discontinue his or her action, or a verdict shall pass against him or her, or judgment shall be had for the defendant upon demurrer, the defendant shall have treble costs.

given in evi

to be set

CXI. And be it enacted, that in all rules, What shall orders, warrants, and other proceedings of the be sufficient said Court, or of any commissioner thereof, forth in the under this Act, it shall be sufficient to set forth rules and such rule, order, or warrant, or in case of a war

of the Court.

proceedings rant for the apprehension or detention of any person for a contempt, in disobeying any order or rule of the said Court, or for the apprehension or detention of any person for the appearance of such person before the said Court, or any commissioner thereof, or any justice or justices of the peace, according to this Act, or for the enforcing any rule or order of the said Court, it shall be sufficient to set forth such rule or order, and the warrant thereon, and that the insolvent, in any order, rule, warrant, or other proceeding mentioned, has been duly discharged under this Act, or some other Act for the Relief of Insolvent Debtors, if he has been so discharged, or if he has not been so discharged, that he has applied by petition to the said Court for his or her discharge from custody, according to the provisions of this Act, without setting forth in any such order, rule, warrant, or other proceeding, the petition, order vesting the estate of any such prisoner in the provisional assignee, appointment of assignee, or assignee or assignees, or the schedule, balance sheet, order for hearing, adjudication, order for discharge, or any other rule, order, or proceeding of or in the said Court, or any part thereof, except as aforesaid.

Before

davits are to be sworn.

CXII. And be it enacted, that all affidavits whom affi- to be used before the said Court, or any commissioner thereof, or any justices of the peace, or any officer of the said Court, or any examiner appointed as aforesaid under this Act, shall and may be sworn before the said Court, or any commissioner thereof, or any commissioner appointed by the said Court for the purpose of taking affidavits, or any master extraordinary in Chancery, or commissioner for taking affidavits in any of the superior Courts

of Westminster, or in Scotland or Ireland before a magistrate of the county, city, town, or place where any such affidavit shall be sworn.

CXIII. And be it enacted, that in all cases Recovery in which the said Court, or any commissioner of costs. thereof, or any justices, is or are by this Act authorized to award costs against any person or persons, it shall be lawful for the said Court to cause such costs to be recovered from such person or persons in the same manner as costs awarded by a rule of any of the superior Courts at Westminster may be recovered.

tise therein.

CXIV. And be it enacted, that the said Court Court to adfor the Relief of Insolvent Debtors shall and mit attornies to pracmay admit, at their discretion, any number of fit persons, being attornies of any of the superior Courts at Westminster, to practise in the said Court as attornies on behalf of such prisoners in such actual custody as aforesaid, which admissions shall in all cases be made without the payment of any fee or gratuity whatsoever, and shall be filed of record in the said Court; and that all persons now admitted as attornies in the Court now established for the Relief of Insolvent Debtors shall be deemed to be effectually admitted in the said Court hereby continued as aforesaid; and that in case any Persons not person not so admitted on the files of the said duly apCourt, or having after such admission been re- pointed, moved from the said files, or ceased to be an practising as attorney of any of the superior Courts at West- guilty of minster, shall practise in the said Court as an contempt. attorney on behalf of any prisoner in such actual custody as aforesaid, he shall be deemed and taken to be guilty of a contempt of the said Court, and that every person so guilty of any such contempt as aforesaid shall be liable to fine as well as imprisonment for the same.

attornies,