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pany to make any such Payment to the Representatives of any
such Officer who sball have quitted or left his Station prior to the
Second Day of May One thousand eight hundred and twenty one.

CAP. LVII.
An Act to amend and consolidate the Laws for the Relief of
Insolvent Debtors in England.

[26th May 1826.]
WH
THEREAS an Act was passed in the First Year of the 1 G.4. c.119.

Reign of His present Majesty, intituled An Act for the Relief of Insolvent Debtors in England, to continue in force until the First Day of June One thousand eight hundred and twenty five; and a certain other Act passed in the Third Year 3 G. 4. c. 123. • of His said Majesty's Reign, intituled An Act to amend an Act of the First Year of His present Majesty, for the Relief of Insolvent Debtors in England ; and a certain other Act passed in the Fifth Year of His said Majesty's Reign, intituled An Act 5 G.4. c.61.

in part reto amend certain Acts for the Relief of Insolvent Debtors in • England; and it is expedient to repeal the said Acts, except so

pealed. • far as is hereinafter provided, and to make further Provision for • the Relief of Insolvent Debtors ;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Powers given by the said Acts to the Court But certain established by virtue of the said first recited Act shall be and Powers given

by recited Acts the same are hereby continued and vested in the Court to be con.

continued for tinued by virtue of this Act, as hereinafter provided, in so far as the Purposes the same relate to or may be exercised in the Matters of the Pe- herein mentitions of any Persons who shall have petitioned the said Court so

tioned. established as aforesaid for Relief under the Provisions of the said recited Acts, before the passing of this Act, or of any Persons who have obtained their Discharge by virtue of an Act passed in the Fifty third Year of His late Majesty's Reign, intituled An Act 53 G.3. c. 102. for the Relief of Insolvent Debtors in England ; and that all Things shall and may be done by all Persons relating to the Matters of all such Petitions, which such Persons might have done if the said

Three first recited Acts had been continued by this Act; and that the said Three first recited Acts (except as is hereinbefore provided) shall be, from and after the passing of this Act, repealed, and the same are hereby repealed, except as aforesaid.

II. And be it further enacted, That the Court now established Court now esfor the Relief of Insolevnt Debtors in England shall be continued, tablished, and and that the several Persons appointed by His Majesty to be Chief and Officers and other Commissioners of the said Court shall continue to be continued. the Chief and other Commissioners of the said Court so hereby continued, and to preside therein; and that it shall and may be lawful for His Majesty, from time to time, upon any Vacancy in any of the said Offices of Chief or other Commissioner, by Death or otherwise, to appoint other fit and proper Persons, being Barristers at Law of Ten Years' standing at the least, to be such Chief or other Commissioners, and to preside in the said Court accordingly; and that the several Persons appointed by the said

Court

Court to be Chief Clerk, Provisional Assignee or any other Officer of the said Court, according to the Provisions of the said first recited Act, shall continue to be the Chief Clerk, Provisional Assignee and other Officers of the said Court, so hereby continued; and that it shall be lawful for the said Court, from time to time, upon any Vacancy in any of the said Offices, by Death or otherwise, to appoint other fit and proper Persons to be such Chief Clerk, Provisional Assignee and other Officers; and that the said Court to be continued as aforesaid shall at all Times have Power to appoint such Officers as the Lord Chancellor, and the Lords Chief Justices of the Courts of King's Bench and Common Pleas, and the Lord Chief Baron of the Exchequer, shall judge to be necessary, and in such Manner as they shall

direct. Court to be a III. And be it further enacted, That the said Court so conCourt of Re- tinued as aforesaid shall be a Court of Record for the Purposes of cord.

this Act; and that the said Court shall cause to be made a Seal Seal of Court.

of the said Court, and shall cause to be sealed therewith all such Records, Proceedings, Documents and Copies of the same as are hereinafter expressly required to be so sealed, and such other

Records, Proceedings, Documents and Copies of the same, as the Powers of said Court shall at any Time direct; and that the said Court, Court and

or any Commissioner thereof, acting under the Powers of this Commissioners

Act, may adjourn any Sitting of the said Court or Commissioner, as to Production of Books,

as may be requisite, and may administer Oaths, and examine ali Parties and Witnesses upon Oath, for the Purposes of this Act, and shall have such like and the same Powers of compelling the Attendance of Witnesses, both before the said Court, and before any Commissioner thereof, acting as aforesaid, and before an Officer of the Court or Examiner, as hereinafter mentioned, and before such Justices as are hereinafter mentioned, and of requiring and compelling the Production of Books and Writings, as are now possessed by any of the superior Courts at Westminster, and to order any Prisoner who shall have petitioned for Relief under this Act, or any Prisoner who shall be a necessary and material Witness in any Matter pending in the said Court, to be brought before the said Court or Commissioner, or Officer or Examiner, or Justices, as often as shall be requisite ; and that the said Court, or any Commissioner thereof, acting as aforesaid, shall have the Power of committing all Persons guilty of any Contempt of the said Court to the Prison of the King's Bench, or to the Common Gaol

of any County in which such Person shall be or shall usually Fines for Ne- reside; and that the said Court shall have the Power of fining in a glect of Of

summary Way, or removing any of the Officers of the said Court, ficers.

who shall be guilty of any Negligence, wilful or unnecesary Delay, or other Misconduct whatsoever : Provided always, that the said Court, or any Commissioner thereof, shall not have the Power of awarding Costs against any Person or Persons whomsoever, except in such Cases only where such Costs are herein

after expressly mentioned and permitted to be awarded by this Compelling Act; and that nothing herein contained shall extend to the comAttendance of pelling the Attendance of any Witness, unless the Party on whose Witnesses. Behalf such Witness shall be required to attend shall have pre

viously

Costs.

viously tendered to such Witness such Allowance for Expences for his Attendance as in the Judgment of the said Court, or of a Commissioner thereof, shall appear to be reasonable.

IV. And be it enacted, That all Proceedings and Matters to be At what Places heard by the said Court shall be heard and determined by the said Court to sit. Court at the Court House of the said Court in Portugal Street, Lincoln's Inn Fields, unless the said Court shall at any Time see cause to appoint its Sittings in any other Place, and shall appoint the same accordirgly, which it is hereby empowered to do; and One Commisthat it shall be lawful for any One Commissioner to hear and sioner may hear determine out of Court upon Summons to the proper Parties, all Matters out of

Court. Matters and Things relating to any Person who shall have petitioned the said Court for Relief under this Act, or to his or her Estate, Property and Effects, or the Assignee or Assignees thereof, except the Hearing, Re-hearing or any Examination of any such Person; and the Order made in any such Behalf by such Alteration by Commissioner shall be of as full Force and Effect, to all İntents Court. and Purposes, as if the same had been made by the said Court, unless the same shall, upon Application to the said Court at the next following Sitting thereof, be by the said Court altered or rescinded.

V. And be it enacted, That the said Court shall sit for the Dis- Court to sit patch of Business twice at least in every Week throughout the twice a week. Year, and One or more of the said Commissioners shall attend for Power to reguthat Purpose: Provided nevertheless, that from and after the late Sittings Expiration of Six Weeks from the last Day of Trinity Term otherwise. until the First Day of November in every Year, the said Court shall have full Power and Authority to regulate and appoint the Sittings of the said Court at such Times as to the said Court shall appear fit and necessary for the due Adininistration of Justice in the said Court; and that no Adjournment of the said Court, during the Period aforesaid, shall be at any Time for more than Six Weeks.

VI. And be it enacted, That Three of the said Commissioners Commissioners shall from time to time severally make Circuits, and give their to make CirAttendance at the several Assize or other Towns or Places at cuits. which any Prisoner or Prisoners shall be ordered to appear, as hereinafter provided ; and that upon the Hearing of the Matters Power of Comof any such Prisoner’s Petition by such Commissioner on his missioner on Circuit, it shall and may be lawful for such Commissioner to make Circuit. all such Orders, and to give all such Directions, and to do all such Matters and Things requisite for the discharging or remanding of such Prisoner, and for the Assignment and Application of the Estate and Effects of such Prisoner, and otherwise respecting such Prisoner, and his or her Petition and Schedule, and his or her Creditors and Assignees, as the said Court for the Relief of Insolvent Debtors may make, give or do in the Matters of Petitions heard by the said Court, according to this Act; and that in each and every Matter to be heard and inquired into by such Commissioner, according to the Provisions of this Act, such Commissioner shall have the same Power as the said Court would have therein if the saine were heard and inquired into by the said Court; and that all Judgments, Rules, Orders, Directions and Proceedings, pronounced, made and done in all and every the Matters

aforesaid,

aforesaid, by such Commissioners, shall be transmitted to the said Court, signed by such Commissioner, to be a Record of the said

Court, and to be kept as such among the Records thereof. Time and Man

VII. And be it further enacted, That the said Circuits shall be ner of making made Three Times in each Year, if requisite, and that the Time Circuits. and Manner of making the same, and the Officers necessary to

attend the Commissioners thereupon, shall be regulated in such Manner as shall be appointed by the Commissioners of the said

Court, with the Approbation of One of His Majesty's Principal Travelling Es. Secretaries of State for the Time being; and that it shall and pences paid. may be lawful for the Lord High Treasurer or Lords Commis

sioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being, to direct that such Sum or Sums shall be paid as may appear fit and necessary for the de

fraying the travelling Expences of such Commissioners and Officers One Commis- in Execution of their Duties under this Act; and that during the sioner to remain said Circuits One of the said Commissioners shall be attendant and in London.

presiding in the said Court: Provided always, that if on any partiProviso for all

cular Occasion the said Commissioners shall be of opinion that it Commissioners to be on Cir

would be expedient that all the said Commissioners should be abcuit.

sent from the said Court on Circuits in different places at the same Time, it shall and may be lawful to and for such Commissioners to state such Opinion, together with the Grounds and Reasons there. of, in writing, to One of His Majesty's Principal Secretaries of State for the Time being ; and thereupon, if such Secretary of State shall approve thereof, and such Approval shall be notified in Writing to such Commissioners by such Secretary of State, it shall and may be lawful to and for all the said Commissioners to be so absent from the said Court as aforesaid at the same Time, in such Places respectively as shall be so stated and approved, and for that Purpose to adjourn the said Court for such Time as shall

be approved in and by such Notification. Time of Cir VIII. And be it enacted, That the said Court shall cause Notice cuits to be ad. of the Time and Place or Places of the Attendance of such Comvertised.

missioner in each Assize or other Town or Place, according to this Act, to be given in the London Gazette, and in some public Journal or Newspaper circulated in the County wherein such

Town or Place is situate, once in each of the Two Weeks imme. Commissioner diately preceding the Time appointed for such Attendance: Pronot arriving, vided always, that if on the Day appointed for such Attendance Court to stand such Commissioner shall not attend at the Court House or other adjourned.

Place appointed for such Attendance, then and in every such Case the Court to be held by such Commissioners shall be considered as adjourned to the ensuing Day, not being a Sunday; and if the ensuing Day should be a Sunday, then to the next Day, Monday, and so on from Day to Day, until the said Commissioner shall give his Attendance; and that all Persons summoned or bound or having occasion to attend such Court, shall thereupon be bound to attend the same, according to every such Adjournment, in the

same Manner in all Respects as if the said Commissioner had reCause of Non- gularly sat and so adjourned the said Court ; and that when such attendance sig- Commissioner shall so give his Attendance, he shall proceed to nified to Secre

dispatch the Business of the said Court in the same Manner in tary of State, all Respects as if he had regularly sat, and had himself made such

Adjournment

Adjournment or Adjournments of the same ; and that he shall thereupon without Delay state in Writing the Reason or Cause which prevented his Attendance on the Day appointed for such Attend. ance, and shall subscribe such Statement, and shall send the same forthwith by His Majesty's Post to One of His Majesty's Principal Secretaries of State.

IX. And be it enacted, That no Fee or Gratuity shall be re. Fees. ceived or taken by the said Court or any Officer thereof, of or from any Person whomsoever, on any Pretence whatsoever, except such Fees as shall at any Time be specified in a List thereof to be signed by the Commissioners of the said Court, a Copy of which List shall always be exposed to View in the Office of the said Court.

X. And be it enacted, That from and after the passing of this What Persons Act, it shall be lawful for any Person who shall be in actual Cus- may apply to tody, within the Walls of any Prison in that Part of the United Court in a sumKingdom called England, upon any Process whatsoever, for or by mary Way. reason of any Debt, Damage, Costs, Sum or Sums of Money, or for or by reason of any Contempt of any Court whatsoever for Nonpayment of any Sum or Sums of Money, or of Costs taxed or untaxed, either ordered to be paid or to the Payment of which such Person would be liable in purging such Contempt, or in any Manner in consequence or by reason of such Contempt, at any Time within the Space of Fourteen Days next after the Com- Time of petimencement of the actual Custody of such Prisoner, whether such tioning. Commencement shall have been in the same Prison or in any other Prison, or the Rules or Liberties of any Prison; or afterwards, if the said Court shall in any Case think reasonable to permit the same, to apply by Petition in a summary Way to the said Court for his or her Discharge from such Custody, according to the Provisions of this Act; and in such Petition shall be stated What shall be the Time and Place of the First Arrest of such Prisoner, in the stated in Pe. Cause or Causes wherein he or she shall then be detained, and the tition. Time of his or her Commitment to the Prison where he or she shall then be confined; and if such Prisoner shall not have been in the same Custody from the Time of such First Arrest, then the Means and Manner by which the Change of Custody of such Prisoner has taken place, and also the Name or Names of the Person or Persons at whose Suit or Prosecution such Prisoner shall at the Time of presenting such Petition be detained in Custody, and the Amount of the Debt or Debts, Sum or Sums of Money, and of such Costs as aforesaid, so far as the Amount of such Costs is ascertained, for which he or she shall be so detained; and it shall also be stated, whether such Prisoner has at any prior Time, and when, petitioned the said Court or any other Court, for his or lier Discharge, under any Act for the Relief of Insolvent Debtors or under an Act passed in the Thirty second 32 G.2. c. 28. Year of the Reign of His late Majesty King George the Second, intituled An Act for the Relief of Debtors with respect to the Imprisonment of their persons, and to oblige Debtors who shall continue in Execution in Prison beyond a certain Time, and for Sums not erceeding' what are mentioned in the Act, to make Dis. covery of, and deliver upon Oath their Estates for the Creditors' Benefit; and whether such Prisoner has or has not obtained any

such

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