vexatious, costs awarded. have been obtained, either in gross, or by several payments, as to such court shall appear reasonable, [*or] to permit execution to be taken out on the judgment entered up in such court upon the engagement of such prisoner, for such sum of money as said court shall think fit, to be distributed rateably amongst the creditors entitled under such engagement; and such proceedings shall be had according to the discretion of said court from time to time, until the whole of the debts due to the several persons against whom such discharge shall have been obtained, If application shall be fully paid and satisfied, together with such costs as such court shall think fit to award: provided that in case any such application shall appear to the court to be ill founded and vexatious, the court may not only refuse to make any order on such application, but dismiss the same, with such costs as to the court shall appear reasonable. By s. 17. in case any prisoner shall die leaving assets, real or personal, after payment of all his debts, exclusive of those from which he shall be discharged, it shall be lawapply for liberty ful for the person or persons entitled to so much of such debt or debts from which such discharge shall have been judgment entered on his en- obtained as shall remain unpaid, to apply to [+said court] gagement, to re- for liberty to proceed on the judgment entered in said s. 17. If prisoner discharged dies leaving assets, creditors may to proceed on cover part of debts unsatis fied. court on the engagement of such prisoner, in order to obtain payment thereof, and such court shall make such order thereupon as shall be just; and the heirs, executors, &c. of such prisoner shall apply the assets in their hands according to such order, but without prejudice to the demands of any other creditors, all of which shall be first paid or satisfied: Provided that in case it shall be made appear to such court, that the estate or effects of such prisoner assigned, &c. under this act, would have been sufficient, if properly managed, to satisfy all the debts from which he was discharged, or to have satisfied a larger proportion * " or it shall be lawful for the court wherein judgment shall be entered as aforesaid, on application to such court," here added in 53 Geo. 3, c. 138. I. and the 54 Geo. 3, c, 23, s, 14, E. post is to be here referred to. "the court wherein such judgment shall be entered as aforesaid" in 53 Geo, 5. c. 138. I. proportion than shall have actually been paid therewith, then such court shall not authorize any further proceedings against such prisoner, or his assets, except for so much of the debts as could not have been satisfied out of the estate, &c. so assigned, in case the same had been properly managed: provided that in no case interest shall be [*allowed on any such debt from the time of such discharge, until said court shall order that interest shall again run upon debts bearing interest,] which shall be wholly in the discretion of said court as herein-after provided. s. 47. contempt, &c. This act recites (s. 47.) † that persons are often committed by the courts of law and equity for contempts in not Persons compaying money ordered or awarded to be paid, and also for mitted for not paying of costs duly taxed and allowed by the proper entitled to the benefit of this officer, after proper demands made for that purpose, and act. also upon the writ de excommunicato capiendo, or other process for or grounded on the non-payment of money, costs or expenses, in some cause or proceeding in some ecclesiastical court, or for contempt of such court for nonpayment of money, costs or expenses, and therefore enacts, that all such persons shall be entitled to the benefit of this act, on and subject to the same terms, &c. as herein expressed with respect to prisoners for debt only. And on the other hand this act provides, (s. 33.) that in case it shall appear to the satisfaction of the court [‡to be established by virtue of this act,] that any prisoner who have wasted or shall apply for a discharge by virtue of this act, has wan-fraudulently tonly wasted his estate whilst in prison, or fraudulently estate, or part disposed thereof, or any part thereof, with intent to de- thereof, not entitled, &c. prive his just creditors of the benefit thereof, or has wilfully remained in prison although entitled to be discharged therefrom by virtue of this act, or otherwise with intent to consume his property in prison, instead of applying the same to the discharge of his just debts, such prisoner shall not be entitled to the benefit of this act, unless on special circumstances the said court shall think fit to grant such discharge "recovered on such judgment on any such debts, until the said court shall order the same," in 53 Geo. 3. c. 138, I The enactment of this clause was the object of the 42 Geo. S. c. 13. E. "which shall decide as to the discharge of any prisoner." in 53 Geo. 3. c. 138. I. s. 33. Prisoners who disposed of their s. 54. Attornies, money received others, not en Fraudulent ed. discharge. And by s. 34. nothing in this act shall extend to release or discharge any attorney at law, solicitor, or solicitors, and servants, &c. other person acting or pretending to act as such, with reembezzling or fraudulently gard to any debt or demand for any money or other effects concealing recovered or received by him for the use of any person or for the use of body corporate, and by such attorney, &c. embezzled, concealed, or converted to his own use; or to release, &c. any titled, &c. until after 10 years' servant or other person employed or entrusted at such, imprisonment, with regard to any debt or demand for or on account of any money, goods, or other effects received or possessed by him for the use and account of his master or employer, and by such servant, &c. so embezzled, concealed, or converted to his own use; or to release, &c. any person with regard to any debt or demand arising from or created by trustees exclu d- any breach of trust or confidence; unless the person to whom such debt, &c. shall be due shall consent to such discharge, or unless such prisoner shall have been confined in prison for such debt or demand, for 10 years before he shall apply for his discharge by virtue of this act. And by s. 35. no prisoner who knowingly and designedly, by any false pretence, or under any fictitious name assumed for the purposes of obtaining credit, or by any false pretences, other fraudulent means, shall have obtained from any perno. entitled, &c. son money, goods, wares, merchandizes, bonds, bills of exchange, promissory notes, or other securities for money, or other effects; or who shall have contracted any debt by fraudulently obtaining false credit, or by any other fraudulent means; or who shall have fraudulently removed or caused to be removed any stock, cattle, goods or effects of the value of [£30,] which were liable to be disTenants trained by his landlord for any rent, whereby such landfraudulently lord shall have lost all or some part of such rent, shall have removing their stock, &c. in like any discharge under this act, from the debt, &c. arising from or remaining due in consequence of such fraudulent conduct, unless the person who shall be entitled to such debt, &c. shall consent to such discharge, or such prisoner shall have been confined in prison for such debt, &c. for 5 years before his applying for his discharge by Persons suffer- virtue of this act. And by s. 36. no prisoner who shall ing their bail, have suffered any person who has become bail or surety s. 55. Persons obtaining money, &c. or credit by until after 5 years imprisonment, or creditors consent. manner exclud ed. s. 36. *£10 in 53 Geo. 3, c. 138. I. fo s. 37. actions, &c, not years' im consent. s. 38. bankrupts not hereby discharge proveable under for him to be charged in respect of such bail, &c. shall be or sureties to be charged, not endischarged by virtue of this act from any debt or demand titled, &c. arising on such account, without the consent of the person entitled to such debt, &c. And by s. 37. no person who shall be charged in execution for damages recovered Persons in exein any action for criminal conversation with the wife of cation for damages, &c. the plaintiff, or in any action for seducing or carnally in crim. con. knowing the daughter or female servant of the plaintiff, entitled, &c. or in any action for a malicious prosecution or other ma- until after 5 licious injury, shall have any discharge from such debt or prisonment or damages under this act, unless the person entitled to the with creditors benefit of such debt, &c. shall consent to such discharge, or unless such prisoner shall have been confined in prison for 5 years before his applying for his discharge under this act. And by s. 38. no prisoner against whom any commission of bankrupt shall have issued and shall re- Uncertificated main in force, and who shall not have obtained his certificate, &c. shall be entitled to be discharged by virtue ofed from debts this act from any debt for which he shall be detained in the commission, custody, and which might have been proved under such unless imprisoncommission, unless he shall have been so detained in prison for 5 years before applying for his discharge. And this act (s. 39.) recites, that debtors may, with a view to defraud their creditors, sell, transfer, convey, or assign their Prisoner who estate and effects, or some part thereof, but it may be dif- (without just cause) any conficult to prove that such sale, &c. was made with a frau- veyance subsedulent design; and therefore enacts, that whenever it shall quent to his being indebted be proved by a credible witness, or by the confession of and imprisoned, any prisoner who shall apply for his discharge under this charged, unless act, that such prisoner has, since the time of contracting all his creditors any debt from which he shall seek to be discharged, sold, transferred, conveyed or assigned all or any part of his estate, &c. [*subsequent to the time of his imprisonment,] without just cause, to be determined by the court [*to be established by virtue of this act,] and such sale, &c. shall remain in force so that the creditors cannot have the benefit of such estate, &c. under this act, without suit at law or equity, every such prisoner shall lose all benefit of VOL. II. 2 K this ed 5 years. s. 39. has executed not to be dis consent. * These words omitted in 5 G. 3. c. 158. I. 1 s. 41. ing partial conveyance within 5 years of this act, s. 40. Prisoners losing, while in this act, unless all the creditors against whom he shall so seek to be discharged will consent to such discharge. And by s. 41. if any prisoner seeking the benefit of this Prisoner mak- act, shall appear to the court [*to whom application shall be made for such purpose,] to have made, within 5 years before his application to be discharged, any conveyance or assignment of all or any part of his estate, &c. in trust or otherwise, for the benefit of any particular creditor or creditors, with an intent to give an undue preference, &c. such prisoner shall have no benefit of this act, unless such for whose benefit such conveyance, &c. person or persons shall have been made, shall first relinquish the same, and all such estate, &c. shall be conveyed or delivered [+to] such person or persons as the court shall direct, for the benefit of all the creditors, under the provisions of this act: or unless all the creditors against whom such discharge shall be sought shall consent thereto. And by s. 40. nothing in this act shall extend to discharge or release any prisoner who hath or shall have lost (since his commitment a day,or £50 in to prison for any debt with which he shall stand charged at the time when application shall be made for his discharge under this act,) the sum or value of £10 in one day, or £50 in the whole since such commitment as aforesaid, in playing at or with cards, dice, tables, tennis, bowls, billiards, or any other game, or in or by bearing a share or part in the stakes, wages or adventures, or in or by betting on the sides or hands of such as do play as aforesaid, unless all the creditors against whom he shall so seek to be discharged shall consent to such discharge, or unless such prisoner shall have been confined in prison for 5 years at least, since such money was so lost. And this act further provides, (s. 50.) that no person who shall have taken the benefit of any act heretofore passed for former insolvent the relief of insolvent debtors shall have the benefit of act, within 5 this act, so as to be discharged under the same, until 5 itled under this years from his former discharge; unless from special cir prison, £10 in the whole, not to be discharged, unless creditors 5 years' impri sonment. 9. 50. Persons dis- years, not en cumstances * "who shall decide as to the discharge of such prisoner." in 53 Geo, 3. c. 138. I. The 53 Geo. 3. c. 138. I has here the word "by," |