T
422
Discharge under this
may
Ordinance pleaded generally,
nance, and that if any Suit or Action shall be brought or any Scire facias be issued against any such Person, his Heirs, Executors, or Administrators, for any such Debt or Sum of Money, or upon any new Contract or Security for Payment thereof, or upon any Judgment obtained against, or any Statute or Recognizance acknowledged by such be Person for the same, except as aforesaid, it shall be lawful for such Person, his Heirs, Executors, or Administrators, to plead generally that such Person was duly discharged 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 De- fendants 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 Plaintiffs 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 any Time after tisfied, the Court may any such Adjudication as aforesaid shall have been made with respect to any such order Warrant of At Prisoner in pursuance of this Ordinance, it shall appear to the Satisfaction of the said torney to be cancelled, and Satisfaction to be
Court that all the Debts in respect of which such Adjudication was made have been entered on the Judg- 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 for entering up the And a Re-assign same; and that if in any Case it shall appear to 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 Assignce 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, Ad- ministrators, 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 Debtor Debts shall be released or discharged, shall not be liable to any Stamp Duty.
ment.
ment to be executed.
Where Error in Sche-
dule without Fraud, this Ordinance to ope rate upon the actual
Amount of Debt.
Adjudication and
LIII. And whereas it may sometimes happen that a Debt of, or Claim upon, or Balance due from such Prisoner as aforesaid, may be specified in his Schedule so sworn to as aforesaid at an Amount which is not exactly the actual Amount thereof, without 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. And be it further enacted and ordained, That every such Adjudication as Order to be final, un aforesaid by the said Court as aforesaid, with respect to any Prisoner, and the Order less obtained on False thereupon, so made as aforesaid, shall be final and conclusive, and shall not be reviewed Evidence, &c., in which ease Court may order by the said Court, unless the said Court shall thereafter see good and sufficient Cause a Re-hearing.
to believe that such Adjudication has been made on false Evidence, or otherwise improperly made or fraudulently obtained, in which Case it shall be lawful for the said Court, upon the Application of such Prisoner, or of any Creditor of such Prisoner, to order such Prisoner, upon due Notice to be given to such Persons, and in such Manner as the said Court shall direct, to attend, or to be brought up, and the said Matter to be reheard before the said Court, as the Case may require, who shall thereupon rehear the same, and shall and may, if just Cause shall appear, annul the original Adjudication and Order thereupon made in such Case, and shall have the same Powers and Autho- rities upon such Rehearing as upon any original Hearing in pursuance of this Ordinance, and may adjudicate in such Matter accordingly; and thereupon, in case the former Adjudication in the said Matter shall not be confirmed, such Order, Certificate, and Warrant shall be made as required by this Ordinance to be made upon such original Adjudication; and the said Court shall and may, if necessary, remand the said Prisoner to the same Custody in which he was at the Time of the former Hearing of the Matters of his Petition, there to be subject to Imprisonment as if the former Adjudication therein had not been made; and thereupon all Detainers which were in force against such Prisoner at the Time of his former Discharge from Custody shall be deemed to be still in force against him as if such former Adjudication had not been made; and the Gaoler or Keeper of the Prison to which such Prisoner shall be so remanded shall and is hereby required to receive such Prisoner into his Custody in pursuance of such
Remand,
Insolvent refusing appear may be ap- prehended, &c.
to
Remand, for doing which the Order of Remand in such Case shall be his sufficient Warrant; and where in any Case such Prisoner shall refuse or neglect to appear before the said Court according to such Order for Rehearing as aforesaid, a Copy whereof shall have been duly served on such Prisoner, it shall be lawful for the said Court to order such Prisoner to be apprehended, and committed to Custody in such Prison as the said Court shall direct, and to issue its Warrant accordingly, and to cause such Prisoner to be brought up for Examination as often as to the said Court shall seem fit: Provided always, that where upon such Rehearing it shall appear to the said Court that In Adjudication of such Prisoner is not entitled to the Benefit of this Ordinance until some future Period, Discharge on Re-hear- according to the Provisions hereinbefore contained, the said Court shall and may, if it ing, the Time since shall appear reasonable, adjudge the Discharge of such Prisoner at such future Period former Hearing not to to be calculated without including the Time during which such Prisoner shall have been out of Custody since the Time appointed for his Discharge by such former Ad- judication as aforesaid.
be calculated.
LV. Provided always, and be it further enacted and ordained, That if in any Case Where an Order of an Order or Warrant for the Discharge of any such Prisoner shall have issued Discharge has been is erroneously, and which is not pursuant to the Adjudication made in that Behalf, it sued by Mistake, the shall be lawful for the said Court, on such Error being shewn to the said Court, to amend the same.
Court may revoke and revoke such Order and Warrant, and to annul, suspend, or amend the same, according
to such Adjudication, and if necessary to re-commit such Prisoner to his former Custody, when by such Order or Warrant he shall have been discharged therefrom; and the Gaoler or Keeper of the Prison to whose Custody such Prisoner shall be so re-com- mitted is hereby required to receive such Prisoner into his Custody according to such Recommitment; and all Detainers which were in force against such Prisoner at the Time of such Discharge as aforesaid shall be deemed to be still in force against him, as if such erroneous Order or Warrant had not issued.
Prisoner may, after
as to Estate and Ef-
LVI. And whereas the Estate, both Real and Personal, of any Person whose Discharge has been adjudicated under this Ordinance may not be sufficiently Discharge, be examined described or discovered in his Schedule so sworn to as aforesaid, or the Assistance of fects, on application of such Person may be necessary to adjust, make out, recover, or manage his Estate or Assiguce. Effects, for the Benefit of his Creditors; Be it therefore enacted and ordained, That
it shall be lawful for the Assignee or Assignees of the Estate and Effects of any such Person whose Discharge shall have been adjudicated under this Ordinance, from Time to Time to apply to the said Court that such Person may be further examined as to
any Matters or Things relating to his Estate and Effects, by the said Court; and in case Prisoner refusing to such Person shall neglect or refuse to appear before such Court at snch Time and pear, or to answer Place as shall be directed by such Order, or appearing shall refuse to be sworn, or to mitted.
Questions, may be com-
answer such Questions as shall be put to him relating to the Discovery of his said Estate and Effects, then and in any of such Cases it shall be lawful for such Court by Warrant to commit such Person to the Common Gaol, there to remain without Bail or Mainprize until such time as he shall submit himself to the Order of the said Court in that Behalf, and shall answer upon Oath or otherwise, as shall be required, to all such lawful Questions as shall be put to him in pursuance of the same for the Purposes aforesaid.
Offence charged.
LVII. And be it enacted and ordained, That in case any Prisoner whose Estate Persons wilfully omit- shall, by an Order under this Ordinance, have been vested in the said Provisional As- ting any thing in the signee, shall, with Intent to defraud the Creditors or Creditor of such Prisoner, wil Schedule guilty of a fully and fraudulently omit in his Schedule, so sworn to as aforesaid, any
Effects or
Misdemeanour, and li- able to Three Years' Property whatsoever, or retain or except out of such Schedule, as Wearing Apparel, Imprisonment. Bedding, Working Tools and Implements, or other Necessaries, Property of greater Value than Twenty Pounds, every such Person so offending, and any Person aiding and assisting him to do the same, shall, upon being thereof convicted by due course of Law, be adjudged guilty of a Misdemeanour, and thereupon it shall be lawful for the Court before whom such Offender shall have been so tried and convicted to sentence such Offender to be imprisoned and kept to hard Labour for any Period of Time not ex- ceeding Three Years; and that in every Indictment or Information against any Person Indictment need only for any Offence under this Ordinance, it shall be sufficient to set forth the Substance of set out Substance of the Offence charged on the Defendant, without setting forth the Petition, or Order vesting such Prisoner's Estate in the Provisional Assignee, Appointment of Assignee or Assignees, or Balance Sheet, Order for Hearing, Adjudication, Order of Discharge or Remand, or any Warrant, Rule, Order, or Proceeding of or in the said Court, ex- cept so much of the Schedule of such Prisoner as may be necessary for the Purpose.
LVIII. And be it enacted and ordained, That if any Prisoner or other Person Persons swearing taking an Oath under the Provisions of this Ordinance shall wilfully forswear and falsely under this Or perjure himself in any Oath to be taken under this Ordinance, and shall be lawfully con- nishment inflicted for victed thereof, the Person so offending shall suffer sucli Punishment as may by Law be Perjury. inflicted on Persons convicted of wilful and corrupt Perjury; and that in all cases wherein by this Ordinance an Oath is required, the solemn Affirmation of any Person, being a Quaker or other Person by Law allowed to Affirm, shall and may be accepted and taken in lieu thereof; and that every Person making such Affirmation who shall be convicted
E
275.
Na
dinance liable to Pu-
No comments yet.
Private notes are available after approval.