30 COLONIAL ORDINANCES.
thereof, or upon any Judgment obtained against, or any Statute or
Recognizance acknowledged by such Person for the same, except as
aforesaid, it shall be lawful for such Person, his Heirs, Executors, or
Discharge under
Ordinance may this
be Administrators, to plead generally that such Person was duly dis-
pleaded generally. charged according to this Ordinance by the Order of Adjudication
made in that behalf, and that such Order remains in force, without
pleading any other Matter specially ; whereto the Plaintiff or Plaintiffs
shall or may reply generally, and deny the Matters pleaded as
aforesaid, or reply any other Matter or Thing which may shew the
Defendant or Defendants not to be entitled to the Benefit of this
Ordinance, or that such Person was not duly discharged according to
the Provisions thereof, in the same Manner as the Plaintiff or Plain-
tiffs might have replied in case the Defendant or Defendants had
pleaded this Ordinance, and a Discharge by virtue thereof, specially.
When Debts are sa- LII. Provided always, and be it enacted and ordained, That if at
tisfied, the Court may
order Warrant of At any Time after any such Adjudication as aforesaid shall have been
torney to be cancelled, made with respect to any such Prisoner in pursuance of this Ordi-
and Satisfaction to be
entered on the Judg.nance, it shall appear to the Satisfaction of the said Court that all
ment. the Debts in respect of which such Adjudication was made have been
discharged and satisfied, it shall be lawful for such Court, upon
Application duly made, to direct the Warrant of Attorney executed
by such Prisoner under this Ordinance to be cancelled, or if Judgment
shall have been entered up thereon, to order Satisfaction to be entered
on such Judgment, and the Order of the said Court for entering up
such Satisfaction shall be a sufficient Authority to the proper Officer
And a Re-assign- for entering up the same ; and that if in any Case it shall appear to
ment to be executed. the Satisfaction of the said Court that after the Debts of any such
Prisoner shall have been so discharged and satisfied as aforesaid,
there shall remain in the Possession, or subject to the Control of his
or her Assignee or Assignees, any Property of any Kind or Description
whatsoever which has come to such Assignee or Assignees, or to
which he or they may claim Title, by virtue of the Order made in
that behalf, or otherwise by virtue of his or their Office of Assignee
or Assignees, it shall be lawful for the said Court, on Application duly
made, to order that all such Property so remaining as aforesaid shall
be vested in the Person whose Debts shall have been so satisfied and
discharged, or his Heirs, Executors, Administrators, or Assigns ; and
such Order shall have the Effect of vesting the same accordingly ;
and that any Deed of Release to be recorded in the said Court, by
which any such Debt or Debts shall be released or discharged, shall
not be liable to any Stamp Duty.
Where Errorin Sche- LIII. " And whereas it may sometimes happen that a Debt of,
dule Ordinan
this to ope- ❝or Claim upon, or Balance due from such Prisoner as aforesaid,
withoutce Fraud,
rate upon the actual " may be specified in his Schedule so sworn to as aforesaid at an
Amount of Debt. "Amount which is not exactly the actual Amount thereof, without
66
any culpable Negligence or Fraud, or evil Intention on the Part of
" such Prisoner ; " Be it enacted and ordained, That in such Case the
said Prisoner shall be entitled to all and every Benefit and Protection
of this Ordinance ; and the Creditor in that behalf shall be entitled
to the Benefit of all the Provisions made for Creditors by this Act,
in respect of the actual Amount of such Debt, Claim, or Balance,
and neither more nor less than the same, to all Intents and Purposes ,
such Error in the said Schedule notwithstanding.
LIV.