423
sound Mind,
such Prisoner. '
convicted of wilful false Affirmation shall incur and suffer such and the same Penalties as are inflicted and imposed upon Persons convicted of wilful and corrupt Perjury. Mode of proceeding LIX. And be it enacted and ordained, That if any Person who shall at any Time with Prisoners of un be a Prisoner in any such Prison as aforesaid, upon any such Process as aforesaid, shall be or become of unsound Mind, and therefore incapable of taking the Benefit of this Ordinance in such Manner as he or she might have done if of sound Mind, the Gaoler or Keeper of such Prison shall forthwith require One or more Justice or Justices to attend at the said Prison, and inquire into the State of Mind of such Prisoner; aud thereupon, and also in case any such Justice or Justices shall receive Information by other Means, that any such Prisoner is of unsound Mind as aforesaid, such Justice or Justices shall go to the said Prison, and by his or their own View, and by Examination on Oath of such Person or Persons as he or they shall think fit to examine, shall inquire into the State of Mind of such Prisoner; and if it shall appear to such Justice or Justices upon such Inquiry that such Prisoner is of unsound Mind, and therefore in- capable of taking the Benefit of this Ordinance in such Manner as a Person of sound Mind might do, such Justice or Justices shall forthwith make a Record of the Fact, Application may be and certify the same to the said Court; and thereupon it shall be lawful for the said made by Persons on Court, at the Instance of any Person or Persons on Behalf of such Prisoner, to order behalf of such Prisoners. Notice to be inserted in the two public Newspapers aforesaid, that Application will be made to the said Court for the Discharge of such Prisoner on a Day to be specified in such Order and Notice, being Twenty-one Days at least from the day of Publication of such one of the said Newspapers containing such Notice as shall be last published which Notice, together with the Service of the like Notice on the Creditor or Creditors at whose Suit such Prisoner shall be detained in Custody, or his or their Attorney or Attorneys in such Suit, shall be deemed sufficient to authorize the said Court to proceed to the Discharge of such Prisoner, if otherwise entitled to such Discharge, according Court may discharge to the true Intent and Meaning of this Ordinance; and the said Court shall proceed accordingly, and shall discharge such Prisoner from Custody, and do all other Acts under this Ordinance, in case it shall appear that such Prisoner might have obtained his or her Discharge under this Ordinance if he or she had been of sound Mind; and thereupon all and every Estate, Right, Title, Interest in Law and Equity, Real and Personal, Power, Benefit, and Emolument whatsoever, which, if such Prisoner was of sound Mind, could or ought to be vested in the said Provisional Assignee, pursuant to the Provisions of this Ordinance. shall, by force and virtue of the Order of the said May appoint As Court for the Discharge of such Prisoner, be vested in the Provisional Assignee of the said Court, or in the other Assignee or Assignees appointed by the said Court, and named in the said Order, or in any other Order of the said Court in that Behalf, as fully and effectually, and in the same Manner, and with all and every the same con- sequences and Effects, both in Fact and Law, to all Intents and Purposes whatsoever, as if such Prisoner had been of sound Mind, and such Order as aforesaid had been made vesting the same in such Provisional Assignee at the Time and in the Manner in May order Jade this Ordinance provided; and that it shall be lawful for the said Court to order Judg. ment to be entered up ment to be entered up against such Prisoner, in the same Manner as if he or she had been of sound Mind, and had executed a Warrant of Attorney to authorize the enter- ing up of such Judgment in the Manner hereinbefore directed, and such Order shall be sufficient Authority to the proper Officer for entering up the same; and any Dividend to be made by such Assignee or Assignees shall be made in such Manner, and such Proceedings shall be thereupon had, as are hereinbefore provided in the case of a Divi- dend of the Estate and Effects of any Prisoner made before Adjudication; and the Discharge of every such Prisoner of unsound Mind, so made as aforesaid, shall extend to all Debts and Sums of Money to which the same might have extended if such Pri- soner had been of sound Mind, and bad duly filed his Schedule, according to the Pro- visions of this Ordinance: Provided always, that every such Order of Discharge, and of the Appointment of an Assignee or Assignees, in such case, shall be entered of Re- cord in the said Court, and Proof thereof shall be received by such Copy thereof as is hereinbefore directed to be received as Proof of Conveyances and Assignments made in pursuance of this Ordinance.
signces;
extended to
Debtors.
Di-charge not to LX. And be it enacted and ordained, That this Ordinance shall not extend or be Crown constructed to extend to discharge any Prisoner with respect to any Debt due to Her Majesty or Her Successors, or to any Debt or Penalty with which he shall stand charged at the Suit of the Crown, or of any Person for any Offence committed against any Ordinance or Ordinances relative to any Branch of the Public Revenue, or at the Suit of any Sheriff or other Public Officer, upon any Bail Bond entered into for the Appearance of any Person prosecuted for such Offence.
any LXI. And be it further enacted and ordained, That the proper Officer of the said Court shall, on the reasonable Request of any such Prisoner as aforesaid, or of any Creditor or Creditors of such Prisoner, or his, her, or their Attorney, produce and shew to such Prisoner, Creditor or Creditors, and his, her, or their Attorney, at such Times as the said Court shall direct, such Petition, vesting Order, Schedule, Order of Adjudi- cation, and all other Orders and Proceedings made and had in the Matter of such Pe- tition,
Officer of Court to produce Proceedings and give Copies,
tition, and all Books, Papers, and Writings filed in such Matter, and permit him, her, or them to inspect and examine the same, and shall provide for any such Prisoner, Creditor or Creditors, or his or their Attorney requiring the same, a Copy or Copies of any such Petition, vesting Order, Schedule, Order of Adjudication, or other Order or Proceeding, or of such Part thereof as shall be so required, receiving such Fee as the said Court shall appoint for so providing the same; and that a Copy of such Petition, A Copy of such vesting Order, Schedule, Order of Adjudication, and other Orders and Proceedings Proceedings under Seal purporting to be signed by the Officer in whose Custody the same shall be, or his De- to be admitted as Evi- puty, certifying the same to be a true Copy of such Petition, vesting Order, Schedule, Order of Adjudication, or other Proceeding, and purporting to be sealed with the Seal of the said Court, shall at all Times be admitted as sufficient Evidence of the same, without any other Proof whatever given of the same.
dence.
Examiners to be ap-
Their Fees.
LXII. And be it enacted and ordained, That the said Court in all cases may from Time to Time, as Occasion shall require, appoint as many fit Persons as shall be re- pointed. quisite to be Examiners for the Purposes of this Ordinance; and that such Examiner shall and may receive for his Trouble the Sum of One Pound, and no more, for every Meeting held by him in pursuance of this Ordinance, to be paid by the Person or Per- sons requiring the same.
LXIII. And be it further enacted and ordained, That every Sheriff, Gaoler, Keeper, Sheriff's, &c., indem
nified for obeying Ur- or other Officer of any Prison, who shall do any thing in Obedience to any Order of
ders of Court. the said Court, or of any Officer of the said Court, or such Examiner as aforesaid, authorised by the said Court, by virtue of this Ordinance, shall be, and is and are indemnified for whatsoever shall be done by them respectively in obedience thereto; and that if any Action of Escape, or any Suit or Action, be brought against any Judge, Commissioner, Justice of the Peace, Sheriff, Gaoler, Keeper of any Prison, or any &c., brought, the Ge- Person, for performing the duty of his Office, in pursuance of this Ordinance, such neral Issue may be Judge, Commissioner, Justice of the Peace, Sheriff, Gaoler, Keeper of Prison, and ance given in Evi- other Person may plead the General Issue, and give this Ordinance and the special dence. Matter in Evidence, and if the Plaintiff be nonsuited, or discontinue his or her Action,
or a Verdict shall pass against him or her, or Judgment shall be bad for the Defendant upon Demurrer, the Defendant shall have Treble Costs.
If Action for Escape,
pleaded, and this Ordi-
LXIV. And be it enacted, That in all Rules, Orders, Warrants, and othe Proceed- What shall be suf- ings of the said Court under this Ordinance, it shall be sufficient to set forth such in the Rules and Pro- ficient to be set forth Rule, Order, or Warrant, or in case of a Warrant for the Apprehension or Detention ceedings of the Court. of any Person for a Contempt, in disobeying any Order or Rule of the said Court, or for the Apprehension or Detention of any Person for the Appearance of such Person before the said Court, according to this Ordinance, or for the enforcing any Rule or Order of the said Court, it shall be sufficient to set forth such Rule or Örder, and the Warrant thereon, and that the Insolvent in any Order, Rule, Warrant, or other Pro- ceeding mentioned, has been duly discharged under this Ordinance, if he has been so discharged, of if has not been so discharged, that he has applied by Petition to the said Court for his or her Discharge from Custody, according to the Provisions of this Ordinance, without setting forth in any such Order, Rule, Warrant, or other Proceed- ing, the Petition, Order vesting the Estate of any such Prisoner in the Provisional Assignee, Appointment of Assignee or Assignee or Assignees, or the Schedule, Balance Sheet, Order for Hearing, Adjudication, Order for Discharge, or any other Rule, Order, or Proceeding of or in the said Court, or any Part thereof except as aforesaid.
Before whom Atti-
LXV. And be it enacted and ordained, That all Affidavits to be used before the said Court, or any Officer of the said Court, or any Examiner appointed as aforesaid davits are to be sworn. under this Ordinance, shall and may be sworn before the said Court or any Commis- sioner appointed by the said Court for the Purpose of taking Affidavits, or before a Magistrate of the said Colony.
What shall be paid
tisements.
LXVI. And be it enacted and ordained, That the Sum of Three Shillings and no more shall be paid to any Printer or Proprietor of any Newspaper for the Insertion for Insertion of Adver- of any Advertisement by this Ordinance directed to be inserted in any Newspaper; and all Printers and Proprietors of Newspapers are hereby required to insert the same, on Payment of the said Sum of Three Shillings for the Insertion thereof, in such Form as the said Court shall from Time to Time direct.
Power to Court, with
LXVII. And be it further enacted and ordained, That the Chief Justice of the said Court may from Time to Time, with the Advice and Approval of the Legislative Coun- the advice of the Le- cil of the said Island, make all such Rules and Orders as may be necessary for carrying gislative Council, to this Ordinance into Operation and Effect within the said Colony, as also from Time to make Rules and Orders Time, with such Advice and Approval, to settle such Scale or Scales of Fees and and settle Scale of Fees. Charges as may seem expedient with relation to the said Ordinance, and all Things and Acts to be done thereunder.
LXVIII. And be it further enacted and ordained, That whenever this Ordinance
Construction of Or- hath used Words importing the Singular Number or the Masculine Gender it shall be diuance. understood to include several Matters as well as one Matter, and several Persons as well as one Person, and Females as well as Males, and Bodies Corporate as well as In- dividuals,
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