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Opposition to the Discharge of such Prisoner, or may, if it shall appear just and reason. able so to do, forthwith adjouru the Hearing thereof until such Officer or Examiner shall have made his Report; and that upon such Reference being made as aforesaid it shall be lawful for such Officer or Examiner to order the Attendance of such Prisoner as often as such Officer or Examiner shall think fit, and the Prisoner mentioned in such Officer and Examiner Order shall be accordingly carried before such Officer or Examiner, for which such may administer Oaths. Order shall be a sufficient Warrant; and the Keeper of the Prison, or his Deputy, so carrying any Prisoner before such Officer or Examiner, shall receive for the same the Sum of Ten Shillings, and no more, to be paid by the Person or Persons at whose Requisition the said Reference shall have been had; and such Officer or Examiner shall and may, under such Reference, administer Oaths, and examine all Witnesses and Court may order Ex Parties upon their Oaths touching all Matters relating thereto; Provided that in all penses of Reference to Cases where such Reference shall have been made as aforesaid it shall be lawful for the be paid out of Insol said Court, if such cause shall appear, to order all the Fees and Expences of such vent's Estate.
Reference, paid by any Creditor or Creditors, to be repaid to him, her, or them out of the first Money received by the Provisional or other Assignee or Assignees of such Prisoner from or by his Estate or Effects.
tion.
no
Court, &c., may ad- XXXVI. And be it enacted and ordained, That after such Examination of julge a Prisoner to be any such Prisoner as hereinbefore directed it shall be lawful at such Hearing or adjourned discharged from Cus-
Hearing as aforesaid for the said Court, upon such Prisoner's swearing to the Truth toly, and entitled to the Benefit of this Act. of his Schedule, and executing such Warrant of Attorney as is hereinafter directed, to adjudge that such Prisoner shall be discharged from Custody, and entitled to the benefit of this Ordinance at such Time as the said Court shall direct, in pursuance of the Provisions hereinafter contained in that Behalf, as to the several Debts and Sums of Money due or claimed to be due at the Time of making such vesting Order as afore- said from such prisoner to the several persons named in his Schedule as Creditors, or claiming to be Creditors for the same respectively, or for which such Persons shall have given Credit to such Prisoner before the Time of making such vesting Order as afore- said, and which were not then payable, and as to the Claims of all other Persons, not known to such Prisoner at the time of such Adjudication, who may be Indorsees or Holders of any negotiable Security set forth in such Schedule so sworn to as aforesaid, XXXVII. And be it enacted and ordained, That in all cases where Court may adjudge Discharge, &c., to be Cause shall appear to the contrary, it shall be lawful for the said Court, according as forthwith, or not later shall seem fit, to adjudge that such Prisoner shall be so discharged, and so entitled as than Six Mouths from aforesaid, forthwith, or as soon as such Prisoner shall have been in Custody at the Suit the filing of the Peti- of one or more of the Persons as to whose Debts and claims such Discharge is so adju- dicated, for such Period or Periods, not exceeding Six Months in the whole, as the said Court shall direct, to be computed from the making of such vesting Order as aforesaid. XXXVIII. And be it enacted and ordained, That in case it shall appear charge, &c., to be at to the said Court that such Prisoner has fraudulently, with Intent to conceal the State any Period not later of his Affairs, or to defeat the objects of this Ordinance, destroyed or otherwise wilfully then Three Years from prevented or purposely withheld the Production of any Books, Papers, or Writings relating so such of his Affairs as are subject to Investigation under this Ordinance, or kept or caused to be kept false Books, or made false Entries in, or withheld Entries fron, or wilfully altered or falsified, any such Books, Papers, or Writings, or that such Prisoner has fraudulently, with intent of diminishing the Sunt to be divided among his Creditors, or of giving an undue Preference to any of the said Creditors, discharged or concealed any Debt due to or from the said Prisoner, or made away with, charged, mortgaged or concealed any part of his Property of what Kind soever, either before or after the Commencement of his or her Imprisonment, then it shall be lawful for the said Court to adjudge that such Prisoner shall be so discharged and so entitled as aforesaid, so soon as he shall have been in Custody at the Suit of some one or more of the Persons as to whose Debts and Claims such Discharge is so adjudicated, for such Period or Periods, not exceeding Three Years in the whole, as the said Court shall direct, to be computed as aforesaid.
In certain cases Dis-
Petitioning.
Petitioning,
In other cases the XXXIX. And be it enacted and ordained, That in case it shall appear to the said Discharge, &c., to be Court that such Prisoner shall have contracted any of his or her Debis fraudulently, at any Period not later or by means of a Breach of Trust, or by means of false Pretences, or without having had than Two Years from any reasonable or probable Expectation at the Time when contracted of paying the same, or shall have fraudulently, or by means of false Pretences, obtained the Forbearance of any of his Debts by any of his Creditors, or shall have put any of his Creditors to any unnecessary Expense by any vexatious or frivolous Defence or Delay to any Suit for recovering any Debt or Sum of Moncy due from such Prisoner, or shall be indebted for Damages recovered in any Action for Criminal Conversation with the Wife or for Seducing the Daughter or Servant of the Plaintiff in such Action, or for Breach of Promise of Marriage made to the Plaintiff in such Action, or for Damages recovered in any Action for a malicious Prosecution, or for a Libel, or for Slander, or in any other Action for a malicious Injury done to the Plaintiff therein, or in any Action of Tort or Trespass to the Person or Property of the Plaintiff therein, where it shall appear to the Satisfaction of the said Court that the Injury complained of was malicious, then it shall
be
be lawful for such Court to adjudge that such Prisoner shall be so discharged, and so entitled as aforesaid, forthwith, except as to such Debt or Debts, Sum or Sums of Money, or Damages as above mentioned; and as to such Debt or Debts, Sum or Sums of Money, or Damages, to adjudge that such Prisoner shall be so discharged, and so entitled as aforesaid, so soon as he shall have been in Custody, at the Suit of the Person or persons who shall be Creditor or Creditors for the same respectively, for a Period or Periods not exceeding Two Years in the whole, as the said Court shall direct, to be computed as aforesaid.
Discharge may ex-
And to costs incurred
XL. And be it enacted and ordained, That the Discharge of any Prisoner so adjudicated as aforesaid shall and may extend to all Process issuing from any Court tend to Process for for any Contempt of any Court, Ecclesiastical or Civil, for Nonpayment of Money or of contempt in Non-pay- Costs or Expenses in any Court, Ecclesiastical or Civil; and that in such Case the said ment of Money. Discharge shall be deemed to extend also to all Costs which such Prisoner would be liable to pay in consequence or by reason of such Contempt, or on purging the same; and that every Discharge so adjudicated as aforesaid, as to any Debtor Damages of any Creditor of such Prisoner shall be deemed to extend also to all Costs incurred by such Creditor by Creditor, but subject before the filing of such Prisoner's Schedule, in any Action or Suit brought by such to Taxation. Creditor against such Prisoner for the recovery of the same; and that all persons as to whose Demands for any such Costs, Money, or Expenses as aforesaid any such Person shall be so adjudged to be discharged shall be deemed and taken to be Creditors of such Prisoner in respect thereof, and entitled to the Benefit of all the Provisions made for Cre- ditors by this Ordinance, subject nevertheless to suchascertaining of the Amount of the said Demands as may be had by Taxation or otherwise, and to such Examination thereof as is herein provided in respect of all Claims to a Dividend of such Insolvent's Estate and Effects. XLI. And be it enacted and ordained, That the Discharge of any such Prisoner so adjudicated as aforesaid shall and may extend to any Sum and Sums of Money which tend to Sums payable shall be payable, by way of Annuity or otherwise, at any future Time or Times, by virtue by way of Annuity, &c. of any Bond, Covenant, or other Securities of any Nature whatsoever, and that every Person or Persons who would be a Creditor or Creditors of such Prisoner for such Sum or Sums of Money if the same were presently due, shall be admissible as a Creditor or Creditors of such Prisoner for the Value of such Sum or Sums of Money so payable as aforesaid, which Value the said Court shall, upon Application at any Time made in that behalf, ascertain, regard being had to the original Price given for such Sum or sums of Money, deducting therefrom such Diminution in the Value thereof as shall have been caused by the Lapse of Time since the Grant thereof to the Time of Making such vesting Order as aforesaid; and such Creditor or Creditors shall be entitled in respect of such Value to the Benefit of all the Provisions made for Creditors by this Ordinance, without Prejudice nevertheless to the respective Securities of such Creditor or Creditors, excepting as respects such Prisoner's Discharge under this Ordinance.
Discharge may ex-
XLII. And be it enacted and Ordained, That whenever any Creditor or Creditors
Court may order opposing any such Prisoner's discharge shall prove to the Satisfaction of the said Court that Costs, in certain Cases, such Prisoner has done or committed any Act for which, upon such adjudication as afore- to be paid to opposing said, he may be liable to remain in such Custody as aforesaid for a period not exceeding Creditors out of Insel- Three Years, to be computed as aforesaid, the said Court shall adjudge the taxed Costs vent's Estate. of such Opposition to be paid to such opposing Creditor or Creditors out of the Estate and Effects of such Prisoner, by his or her Assignee or Assignees, before any Dividend made thereof; and in all other Cases of Opposition to a Prisoner's Discharge being sub- stantiated or effectual it shall be lawful for the said Court to adjudge in like Männer, if it shall seem fit; and that in case it shall appear to the said Court that the Opposi tion of any Creditor to any such Prisoner's Discharge was frivolous and vexatious, frivolous and vexatious. it shall be lawful for the said Court to award such Costs to such Prisoner as shall Costs may be awarded appear to be just and reasonable, to be paid by the Creditor or Creditors making such to Prisoner. Opposition, which shall be paid accordingly.
Where Opposition
XLIII. And be it enacted and ordained, That where, upon any Prisoner being Court to make Order, brought up before the said Court, any such Adjudication shall have been made as pursuant to Adjudica- aforesaid by the said Court, Order shall be made accordingly by the said Court, in tion, and issue Warrant pursuance of such Adjudication, and the said Court shall also issue a Warrant or War. to Gaoler. rants 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 fo Debts in respect of which such Adjudication shall have been made; and that every Specification of Debts, such Order of Adjudication shall take effect as from the Day on which the Adjudica- &c., not necessary in tion shall have been made in that behalf; and that every such Adjudication and Order of Adjudication. Certificate thereof and Order thereupon, may be made without specifying therein any such Debt or Debts, or Sum or Sums of Money, or Claims as aforesaid, 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 nevertheless, that in all Cases the Detainer or Detainers, Ꭰ
with
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