26 COLONIAL ORDINANCES.
shall be lawful for the said Court to adjudge in like Manner, if it
WhereOpposition shall seem fit ; and that in case it shall appear to the said Court
frivolous and
Costs may be awarded that the Opposition of any Creditor to any such Prisoner's Discharge
to Prisoner. was frivolous and vexatious, it shall be lawful for the said Court to
award such Costs to such Prisoner as shall appear to be just and
reasonable, to be paid by the Creditor or Creditors making such
Opposition, which shall be paid accordingly.
Courttomake Order, XLIII. And be it enacted and ordained , That where, upon any
to
tion, and issue Warrant Prisoner being brought up before the said Court, any such Adjudica-
to Gaoler.
tion shall have been made as aforesaid by the said Court, Order
shall be made accordingly by the said Court, in pursuance of such
Adjudication, and the said Court shall also issue a Warrant or
Warrants to the Gaoler accordingly , ordering the Discharge of such
Prisoner from Custody as to the Detainers under which he or she
shall then be confined, or which shall be lodged against him or her
before he or she shall be out of Custody, the same being for Debts
in respect of which such Adjudication shall have been made ; and
that every such Order of Adjudication shall take effect as from the
Day on which the Adjudication shall have been made in that
Specification ofDebts, behalf ; and that every such Adjudication and Certificate thereof
&c., not necessary in
Order of Adjudication, and Order thereupon, may be made without specifying therein any
such Debt or Debts, or Sum or Sums of Money, or Claims as afore-
said, or naming therein any such Creditor or Creditors as aforesaid,
excepting so far as shall be necessary in any Case in order to
distinguish between the Creditors as to whom any such Prisoner
may be adjudged to be so discharged and entitled as aforesaid
forthwith, and the Creditors as to whom he may be adjudged to be
so discharged and entitled at some future Period ; Provided never-
theless, that in all Cases the Detainer or Detainers with respect to
which any such Prisoner shall have been adjudged to be discharged
out of Custody, he being then in Custody thereupon , shall be specified
in the Warrant of the said Court to be delivered to the Gaoler in
that behalf.
Adjudication may be XLIV . And be it enacted and ordained, That where it shall
conditional in certain
Cases. appear to the said Court at any such Hearing as aforesaid of any
such Prisoner, that certain Matters or Things ought to be performed
by or on behalf of such Prisoner before he is intended to be actually
discharged from Custody, but that nevertheless it is expedient not
to adjourn the Hearing of the Case absolutely to some future
Occasion, without the Opportunity of such Discharge being sooner
had by doing such Things as aforesaid, it shall be lawful for the
said Court to pronounce Adjudication without their issuing the
Order and Warrant pursuant thereto ; and that such Adjudication
may be directed to be conditional on the Performance of such
Matters and Things as aforesaid ; and that on the Non-performance
thereof the Hearing of such Case shall stand adjourned, according
to the Direction made in that behalf.
Where Adjudication XLV. Provided always, and be it enacted and ordained , That
is a Discharge at a fu-
ture Period, the Pri- in all Cases where it shall have been adjudged that any such Prisoner
soner
or may be detained
arrested, & c., till shall be so discharged and so entitled as aforesaid at some future
that Period arrives. Period, such Prisoner shall be subject and liable to be detained in
Prison, and to be arrested and charged in Custody at the Suit of
any