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ROBERT EDEN, Esq; Governor.
or imprisoned on any process for the recovery of any debt, damages or
costs, contracted,
owing or growing due, before his or her discharge as aforesaid, the court
or justice; before whom such process shall be returned, shall and may discharge
the party arrested out of custody, on his or her common appearance being
entered,
without any special bail; provided, that the discharge of the said prisoner
shall
not acquit any other person from such debt, damage or cost, or any part
thereof,
but that all such persons shall be answerable for the same, in such manner
as
they were before the passing this act. |
1774.
CHAP.
XXVIII.
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VIII. Provided
always, That in case any creditor or creditors of such prisoner
shall, on the day appointed for the discharge of the same prisoner, appear
at the
prisoner or court-house aforesaid, before the said justices, before the
same prisoner is
discharged, and shall allege that such prisoner hath either directly or
indirectly
sold, lessened, or otherwise disposed of, in trust, or concealed, all or
any part of his
lands, money, goods, stock, debts, securities, contracts, or estate, whereby
to secure
the same, to receive or expect any profit or advantage thereof, or to deceive
or defraud any creditor or creditors to whom such prisoner is or shall
be indebted,
and shall also enter into bond to such prisoner in the penalty of fifty
pounds current
money, with such surety or sureties as the said justices, or any two of
them,
shall approve, conditioned to pay and satisfy all damages and costs such
prisoner
shall sustain or be put to by reason of such creditor or creditors objecting
against
the said prisoner's discharge, and the same allegation being determined
and adjudged
against the said obligor, and shall lodge the said bond with the said justices,
then such justices shall not grant any discharge of such prisoner, but
shall wholly
stay any further proceeding in order thereto, and return the said bond
to their next
county court the second day of the sitting thereof at farthest; and the
justices of
the county court aforesaid shall and may hear and determine, in a summary
way,
such allegation of the creditor or creditors aforesaid, and if the same
shall be determined
by the said court against such prisoner, then the same prisoner shall have
no aid or benefit of this act, and judgment shall pass against him or her
for
costs; but if the determination of the justices of the county court on
such allegation
shall be against such creditor or creditors, then the prisoner or prisoners
aforesaid
shall, by the said court, be immediately discharged, on his or her making,
subscribing
and delivering, in open court, such schedule and duplicate as aforesaid,
and there taking such oath or affirmation as aforesaid; and all his or
her estate
shall thereupon be invested in the sheriff, sold and disposed of, and applied,
as if
he or she had been discharged by the said three justices, or any two of
them: And
it shall and may be lawful for the said justices of the county court to
ascertain and
determine the quantum of the damage, if any, that the prisoner hath
sustained, by
reason of the false allegation of such creditor or creditors, and thereupon
adjudge
the same with costs to the prisoner, provided such damages and costs shall
not
exceed the penalty of the said bond. |
Proviso. |
IX. And,
to the end that the truth may be the better inquired into, It
is
enacted, That the justices of the county court aforesaid may, at
such time or
times as they see proper, order the sheriff to being the body of any prisoner,
against
whose discharge such objection shall be made as aforesaid, before the same
court,
and the same prisoner against remand to prison, and may appoint such time
as they
shall see fit for the trial of the issue, to be joined as aforesaid, which
is hereby required
to be with as little delay as may be. |
Justices may
order prisoners
to be
brought before
the court,
&c. |
X. And it is
hereby declared and enacted, That the damages and costs, so to
be recovered by any prisoner as aforesaid, shall not be vested in the sheriff,
or in
anywise subjected to the benefit of any creditor or creditors. |
Damages, &c.
not to be vested
in sheriff. |
XI. And be it
enacted, That any person who shall take the oath or affirmation
by this act directed, and shall upon indictment be convict of perjury,
or of wilfully
and corruptly affirming any matter or thing therein contained, such person
shall suffer as in cases of wilful and corrupt perjury, and likewise be
liable to be
taken on process de novo, and charged in execution for his or her
debts, and shall
never after have the benefit of this act. |
Persons convicted
of perjury
to suffer
as in other
cases, &c. |
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