XVI. And be it further enacted, That so much of the said Act as provides a court of appeal from the court established by virtue of the said Act, shall be and the same is hereby repealed.

XVII. And be it further enacted, That this Act shall continue in force until the first day of November One thousand eight hundred and eighteen, and thenceforth to the end of the then next Session of Parliament, and no longer.

XVIII. Provided always, and be it further enacted, That this Act or any part thereof may be repealed or altered by any Act or Acts to be made in this present Session of Parliament.

Schedule (A).

Notice to Creditors of hearing Petitions in Court.

'BY Order of the Court for Relief of Insolvent Debtors,

or if such List shall not be added to such Notice, there may be added: The Names of the Creditors of the said A. B. appear in a Schedule 'annexed to his Petition, filed in the office of the said Court at to which any Creditor may refer.'

Schedule (B).

Notice to Creditors of the Examination of a Prisoner before Justices at their Quarter Sessions of the Peace, and that such justices are authorized by the Court to certify whether the Prisoner is entitled to the Benefit of the said Act.

6

'BY Order of the Court for the Relief of Insolvent Debtors

and now a prisoner in

[or, A. B. C. D., &c. as the Case may be

Justices of the Peace for
Sessions of the Peace at

will be examined before the assembled at their Quarter on the day of

for the purpose of determining whether the said A. B.,

is, [or, the said A. B. C. D, &c. are] entitled to the Benefit of the Act for the Relief of Insolvent Debtors; and all Creditors of the said A. B. [or, of the said A. B. C. D., &c as the Case may be] are required to ' attend accordingly, if they shall think fit.'

[No. XLIV. ] 56 George III. c. 102.-An Act to amend the Act of the Fifty-third Year of his present Majesty, intituled An Act for the Relief of Insolvent Debtors in England; and to give further Powers to the Court appointed by the said Act.-[1st July 1816.]

WH

No. XLIII. 54G. 3. c. 23.

No court of appeal. Continuance of

Act.

Act may be repealed or alter

ed this session.

c. 102,

WHEREAS an Act passed in the fifty-third year of His present 53 George III, Majesty's reign, intituled An Act for the Relief of Insolvent Debtors in England; and it is expedient to amend the said Act, and to distinguish between the cases of such insolvent debtors who shall have been guilty of gross injustice towards their creditors, and the cases of those who shall not have so conducted themselves; Be it therefore enacted and declared by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and

c. 102.

In caseprisoner has acted with gross injustice, &c. he shall not

No. XLIV. Commons, in this present Parliament assembled, and by the authority of 56 Geo. III. the same, That from and after the passing of this Act, if it shall appear to the court established by virtue of the said recited Act, upon the examination of any prisoner, or otherwise, that such prisoner has acted with gross injustice towards his or her creditor or creditors, either in contracting any debts, or entering into any engagements, without any fair prospect or probable means of paying such debts, or fulfilling such engagements, or by squandering or otherwise improperly disposing of his or her monies, effects, or other property, which he or she might have applied in paying such debts or fulfilling such engagements, either wholly or in part, such prisoner shall not be entitled to his or her discharge by virtue of the said recited Act, unless the whole of the creditors of such prisoner shall consent to his or her discharge, or such prisoner shall have been confined within the walls of any prison for the space of five years, to be computed from the time when such prisoner shall have applied for his or her discharge.

be entitled to his discharge,

unless the whole of the

creditors consent.

Prisoner to

make a declaration, that he is willing to be examined touching the justice of his conduct.

Prisoner not to be examined by justices out of session.

Quarter ses

sions shall examine prisoner;

II. And be it further enacted, That in every notice directed to be given by the said recited Act, by any prisoner, to his or her creditor or creditors, such prisoner shall declare that he or she is ready and willing to submit to be fully examined touching the justice of his or her conduct to his or her creditor or creditors.

III. And be it further enacted, That from and after the passing of this Act it shall not be lawful for the said court to order that any prisoner shall be examined at any session of the peace for the counties of Middlesex or Surrey, or for the cities or liberties of London and Westminster, or by any one or more justice or justices of the peace, out of session, for any county, riding, division or place whatsoever.

IV. And be it further enacted, That the court established by virtue of the said recited Act, and the courts of quarter sessions, shall examine each and every prisoner touching the justice of his or her conduct towards his or her creditor or creditors.

V. And be it further enacted, That the courts of quarter sessions for any county, riding, division or place, at which any prisoner shall be examined, shall declare in open court whether such prisoner has acted with gross injustice towards his or her creditor or creditors, or not, and shall also certify their determination thereon to the court established by virtue of the said recited Act.

VI. Provided always, and be it further enacted, That no prisoner hereafter shall be entitled to be examined under the provisions of the said recited Act at any quarter sessions except at such quarter sessions for such county, division, riding, or place, and at such time, whereof he shall have given notice to each and every of his or her creditors; and no prisoner, who shall not appear to be examined pursuant to such notice, shall be brought up before any court to be examined without having given the like notice at least six months previous to the time at which he or she shall appear in order to be examined.

VII. Provided always, That nothing in this Act contained shall extend to repeal or alter any of the powers or provisions of the said recited Act, or of another Act passed in the fifty-fourth year of his Majesty's reign, intituled An Act to amend an Act of the Fifty-third Year of his Majesty's Reign for the Relief of Insolvent Debtors in England, further than any of the powers or provisions in the said Acts are hereby expressly repealed or altered respectively.

[No. XLV.] 57 George III. c. 101.-An Act to continue an Act intituled, An Act further to extend and render more effectual certain Provisions of an Act passed in the twelfth Year of the Reign of his late Majesty King George the First, intituled An Act to prevent frivolous and vexatious Arrests; and of an Act passed in the fifth Year of the Reign of his

c. 101.

Majesty King George the Second, to explain, amend No. XLV. and render more effectual the said former Act, and of 57 Geo. III. two Acts passed in the nineteenth and forty-third Years of the Reign of his present Majesty extending the provisions of the said former Acts.-[11th July, 1817.]

[No. XLVI. ] 59 George III. c. 129.-An Act to continue in force until the expiration of three calendar months after the commencement of the next Session of Parliament, three Acts of his present Majesty for the Relief of Insolvent Debtors in England.-[12th July, 1819.]

[ No. XLVII. ] 59 George III. c. 130.-An Act to continue the several Acts for the Relief of Insolvent Debtors in Ireland, until the first day of June 1820.[12th July 1819.]

[ No. XLVIII. ] 1 George IV. c. 3.—An Act for the removal of doubts as to the continuance of three Acts for the Relief of Insolvent Debtors in England.[6th June 1820.]

[No. XLIX. ] 1 George IV. c. 97.-An Act to revive and to continue for one year the several Acts for the Relief of Insolvent Debtors in Ireland.-[24th July 1820.]

[ No. L. ] 1 George IV. c. 119.-An Act for the Relief of Insolvent Debtors in England; to continue in force until the first day of June One thousand eight hundred and twenty-five.—[26th July 1820.7

WHEREAS notwithstanding the Acts which have from time to time

passed for the relief of insolvent debtors, and the discharge of many prisoners for small debts by charitable donations, great numbers of persons generally remain confined for debt in different prisons in England; and it is therefore expedient to make a permanent provision for the relief of insolvent debtors, in England, under certain restrictions: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, it shall be lawful for his Majesty to appoint a chief and two other commissioners, being barristers at law of ten years' standing at the least, to be his Majesty's commissioners for the relief of insolvent debtors, and to preside in a court to be called The Court for Relief of Insolvent Debtors; which shall be a court of record for the purposes of this Act; and that when and as soon as the said respective appointments shall have been notified in the London Gazette, such court shall be deemed to be fully constituted and established; and that such court shall have power to appoint a chief clerk, a provisional assignee, a receiver, and such other officers as the Appointment Lord Chancellor, and the Chief Justices of the Courts of King's Bench of officers. and Common Pleas, and the Lord Chief Baron of the Exchequer, shall

Three barristers to be appointed commissioners. Court to be a court of record.

judge to be necessary, and in such manner as they shall direct; and that Power of the the said court, or any of the commissioners acting under the powers of court. this Act, may adjourn any meeting under this Act as often as the said

No. L.

1 Geo. IV.

c. 119.

court or commissioners shall think necessary, and may administer oaths and examine all parties and witnesses upon oath for the purposes of this Act, and shall have such like and the same powers of compelling the attendance of witnesses, and of requiring and compelling the production of books, papers, and writings, as now are possessed by any of the superior courts at Westminster, and to order any prisoner who shall have petitioned for relief under this Act, or any prisoner who shall be a necessary and material witness in any matter pending in the said court, or before any commissioner thereof, to be brought before the said court or such commissioner as often as the said court or such commissioner shall think fit; and that the said court shall also have the power of committing all persons guilty of any contempt to the said court, to the prison of the King's Bench, or to the common gaol of any county in which such person shall be, and the power of fining in a summary way, or removing any of the officers of the said court who shall be guilty of any negligence, wilful or unnecessary delay, or other misconduct whatsoever: Provided always, that the said court award costs but shall not have the power of awarding costs against any person or persons whomsoever, except in such cases only where such costs are hereinafter expressly mentioned and permitted to be awarded by this Act: Provided always, that nothing herein contained shall extend to the compelling the attendance of any witness, unless the party on whose behalf such witness shall be required to attend shall have previously tendered to such witness such allowance for expenses for his attendance previously ten- as in the judgment of the said court or of a commissioner shall appear to be reasonable.

Court not to

in certain cases.

Witnesses shall not be compelled to at

tend, unless expenses are

dered.

Sittings of the court twice a week.

No fees to be taken except such as shall be

established.

Persons in custody for debt,

&c. may apply by petition in

summary way

for discharge.

Petition tostate debts and other particulars.

Petition to be

iled.

II. And be it further enacted, That the said court shall sit for the dispatch of business twice in every week throughout the year, and one at least of the said commissioners shall attend for such purpose.

III. And. be it further enacted, That no fee or gratuity shall be received or taken by the said court, or any officer thereof, of or from any person whomsoever, on any pretence whatsoever, except such as shall at any time be specified in a list thereof, to be signed by the commissioners of the said court, a copy of which list shall always be exposed to view in the office of the said court.

IV. Provided always, and be it further enacted, That when and as soon as the said court shall be fully constituted and established, it shall be lawful for any person in that part of the United Kingdom called a England, who shall be in actual custody upon any process whatsoever, for or by reason of any debt, damage, costs, sum or suns of money, or for or by reason of any contempt of any court whatsoever for nonpayment of any sum or sums of money, or of costs, taxed or untaxed, either ordered to be paid or to the payment of which such persons would be liable in purging such contempt, or in any manner in consequence of or by reason of such contempt, at any time within the space of fourteen days next after such court shall have been so fully constituted and established, or within the space of fourteen days next after the commencement of such actual custody, or within such further time as the said court shall think reasonable, to apply by petition in a summary way to the court to be established by virtue of this Act, for his or her discharge from such confinement, according to the provisions of this Act; and in such petition shall be stated the place wherein such prisoner shall be then confined, the time when such prisoner was first charged in custody, together with the name or names of the person or persons at whose suit or prosecution he or she shall, at the time of presenting such petition, be detained in custody, and the amount of the debts and sums of money, and also of such costs as aforesaid, so far as the amount of such costs is ascertained, for which such prisoner shall be so detained; and shall pray to be discharged from custody, and to have future liberty of his or her person against the demands for which such prisoner shall be then in custody, and against the demands of all other persons who shall be or claim to be creditors of such prisoner at the time of presenting such petition; which petition shall be subscribed by the said prisoner, and shall forthwith be filed in the said court; and

No. L.

c. 119.

Prisoner to

such prisoner shall at the time of subscribing such petition duly execute a conveyance and assignment, in such manner and form as the said 1 George IV. court shall direct, of all the estate, right, title, interest and trust of such prisoner to all the real and personal estate and effects of every such prisoner, except to the wearing apparel, bedding, and other such necessaries of such prisoner and his or her family not exceeding in the whole the value of twenty pounds, so as to vest all such real and personal estate and effects in the provisional assignee of the said court, subject to a proviso that in case such prisoner shall not obtain his discharge by virtue of this Act, such conveyance and assignment shall, from and after the dismission of the petition of such prisoner praying for his discharge, be null and void to all intents and purposes.

make anassignment of his es

tate, &c. except wearing apparel, &c. not exceeding the va

lue of 20%.

Court may order an allowance for support of prisoner during confine

ment.

When petition

V. Provided always, and be it further enacted, That the said court shall and may order and direct such provisional assignee or such assignee or assignees as are hereinafter mentioned, to pay out of the said estate and effects before mentioned to the said prisoner such allowance for his or her support and maintenance during such prisoner's confinement in actual custody as to the said court shall seem reasonable and fit. VI. Provided always, and be it further enacted, That such prisoner shall, within the space of fourteen days next after such petition shall is filed, prisonhave been filed, or within such further time as the said court shall think er to deliver in reasonable, deliver into the said court a schedule containing a full and a schedule of true description of all and every person and persons to whom such pri- debts, propersoner shall be then indebted, or who to his or her knowledge or belief ty, &c. shall claim to be his or her creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted from such as shall be disputed by such prisoner, and also a full, true, and perfect account of all the estates and effects, real and personal, in possession, reversion, remainder, or expectancy; and also of all places of benefit or advantage, whether the emoluments of the same arise from fixed salaries or from fees; and also of all pensions or allowances of the said prisoner in possession or reversion, or held by any other person or persons for or on behalf of the said prisoner, or of and from which the said prisoner derives or may derive any manner of benefit or advantage; and also all rights and powers of every nature and kind whatsoever, which such prisoner, or any other person or persons in trust for such prisoner, or for his or her use, benefit or advan tage in any manner whatsoever, shall be seised or possessed of, or interested in, or entitled unto, or which such prisoner, or any person or persons in trust for him or her, or for his or her benefit, shall have any power to dispose of, charge or exercise for the benefit or advantage of such prisoner at the time of presenting such petition; together with a full, true, and perfect account of all debts at such time owing to such prisoner, or to any person or persons in trust for him or her, or for his or her benefit or advantage, either solely, or jointly with any other person or persons; and the names and places of abode of the several persons from whom such debts shall be due or owing, and of the witnesses who can prove such debts, so far as such prisoner can set forth the same; and such schedule shall also fully and truly describe the wearing apparel and bedding of such prisoner, and his or her family, and the working tools and implements, and other such necessaries, not exceeding in the whole the sum of twenty pounds, which may be excepted by such prisoner from the operation of this Act, together with the values of such excepted articles respectively; and the said schedule shall be subscribed by such prisoner, and shall forthwith be filed in the said court.

Court may appoint assignees.

VII. And be it further enacted, That when the said court shall adjudge any prisoner to be entitled to his discharge, such court shall appoint a proper person or proper persons to be assignee or assignees of the estate and effects of such prisoner for the purposes of this Act; and Their acceptwhen such assignee or assignees shall have signified to the said court ance to be sigtheir acceptance of the said appointment, every such prisoner's estate, nified to the effects, rights, and powers vested in such provisional assignee as afore- court.

VOL. III.

N