sons would be liable to pay in consequence or by reason of such contempts, or on paying the same; and also that all persons from whose demands for costs any persons shall be discharged by virtue of this or any former Act or Acts, shall be deemed and taken to be creditors of such last-mentioned persons, and entitled to the benefit of all the provisions made for creditors by such Act or Acts. No. LI. 3 Geo. IV. c. 123. LI. Provided always, That nothing in this Act contained shall extend This Act not or be construed to extend to defeat the proceedings in any commission to defeat the of bankrupt which may be issued against any prisoner who may claim Proceedings the benefit of this Act, before such prisoner shall have obtained an order in any Comfor his discharge under this Act, but that every such commission shall mission of Bankrupt. have relation to avoid any assignment of the estate and effects of the said prisoner under this Act, as such commission would have had to avoid any assignment by such prisoner if this Act had not been made. LII. And be it further enacted, That this Act shall continue in force Continuance until the first of June One thousand eight hundred and twenty-five, of Act. and thenceforth until the end of the next session of Parliament, and no longer. Act may be LIII. Provided always, and be it further enacted, That this Act, or any part thereof, may be repealed or altered by any Act or Acts to be altered this made in this present session of Parliament. Session. [No. LI.] 3 Geo. IV. c. 123-An Act to amend an Act of the First Year of His present Majesty, for the Relief of Insolvent Debtors in England.-[6th August 1822.] WHEREAS an Act passed in the first year of his present Majesty's reign, intituled, An Act for the Relief of Insolvent Debtors in Eng- 1 G. 4. c. 119. land, to continue in force until the First Day of June One thousand eight hundred and twenty-five; and it is expedient to amend the same in the manner herein-after mentioned; be it therefore enacted and declared, 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 it shall and may be lawful for the provisional assignee Provisional of the Court for Relief of Insolvent Debtors, to take possession himself, Assignee to or by means of a messenger of the said court, or other person or persons take possesappointed by him, of all the real and personal estate and effects of every sion of Estate, such prisoner as shall subscribe such petition, and execute such convey- &c., conveyed ance and assignment, as in the said recited Act mentioned; and if the to him; and said court shall so order, to sell or otherwise dispose of such goods, Proceeds to chattels and personal estate, or any part thereof, and if the court shall so order, of the real estate of such prisoner, according to the provisions pences of tak of the said recited Act, for the purposes of the said recited Act, and out ing possession. of the proceeds of such real or personal estate to defray in the first place, all such costs and expences of taking possession of or seizing and selling the same, as shall be allowed by the said court, and account for the produce thereof to the said court; and all and every the real or per- All Property sonal estate money and effects, vested in or possessed by such provisional vested in him assignee by virtue of the said recited Act or this Act, shall not remain in shall go to his him, if he shall resign or be removed from his office, or in his heirs Successor. executors or administrators, in case of his death, but shall in every such case go to and be vested in his successor in office. out of the pay the Ex II. And be it further enacted, That it shall be lawful for the pro- Provisional visional assignee to sue in his own name, if the said court shall so order, Assignee to for the recovery, obtaining and enforcing of any estate, debts, effects or sue in his own rights of any such prisoner; and in case of the dismission of the petition of any such prisoner praying for his discharge, which the said court is hereby empowered to dismiss, whenever it shall seem fit, all the Acts done before such dismission by the said provisional assignee, or other persons acting under his authority, according to the order of the said court, be valid. shall be good and valid. VOL. III. Name. Petition shall No. LI. 3 Geo. IV. c. 123. Court may appoint an Assignee at any Time after filing Petition. Power to all Assignees to exercise the Powers given to Provisional tion from Time of First Assignment. Enabling charge Assig- terest at a Rate not exceeding 201. per Cent. for using the Money belonging to the Insolvent's The Court shall have Power to ex amine Debts, whether stated admitted or disputed in the Schedule. III. And whereas it is enacted by the said recited Act, that when the said court shall adjudge any prisoner to be entitled to his discharge, such court shall appoint a proper person or persons to be assignee or assignees of the estate and effects of such prisoner, for the purposes of the said recited Act; it is hereby further declared and enacted, That it shall and may be lawful for the said court, as often as it shall see cause, for the better preserving and securing the property of any prisoner, to appoint at any time after the filing of such prisoner's petition, and before the said court shall adjudge him entitled to his discharge, as well as after such adjudication, one or more assignee or assignees of the estate and effects of such prisoner, for the purposes aforesaid; and when such lastmentioned assignee or assignees shall have signified to the said court his or their acceptance of the last-mentioned appointment, every such prisoner's estate, effects, rights and powers, vested in such provisional assignee as aforesaid, shall immediately be assigned by such provisional assignee to such last-mentioned assignee or assignees, in trust, for the benefit of such last-mentioned assignee or assignees and the rest of the creditors of every such prisoner, in respect of or in proportion to their respective debts, according to the provisions of the said recited Act; and the assig nee or assignees of very such prisoner at any time appointed, shall be and is and are hereby empowered to use and exercise all the powers, authorities, rights and duties, and shall be subject to all the duties liabilities and punishments, given or ordained by this or the said recited Act with respect to the provisional or other assignee or assignees of any prisoner; and in all cases after assignment by the provisional assignee, all the estate and effects of every such prisoner shall be, to all intents and purposes, as effectually and legally vested by relation in all and every such assignee or assignees, as if the first assignment had been made by such prisoner to him or them; but no act done under or by virtue of such first assignment shall be thereby rendered void or defeated, but shall remain as valid as if no such relation had taken place. IV. And be it further enacted, That from and after the passing of this Act, in all cases in which any assignee or assignees of any insolvent's estates shall wilfully retain in his or their hands, or otherwise employ for his or their own benefit, any sum or sums of money, part of the estates of such insolvent, the said court shall have full power and authority to order such assignee or assignees to be charged in his or their accounts with the estates of such insolvents with such sum or sums of money as shall be equal to the amount of interest computed at a rate not exceeding twenty pounds per centum per annum, on all sums of money appearing to the said court to be so retained or employed by him or them, for the time or times during which he or they shall have so retained or employed the same; and the said court shall in pursuance of such order charge such assignee or assignees in their accounts with such sum or sums of money accordingly. V. And be it further enacted, That the said court or the justices acting under the authority of the said recited Act, shall have the same power to examine into all debts in the prisoner's schedule, whether the same shall be therein stated to be admitted or disputed, or to be admitted in part and disputed in part, as is enacted by the said recited Act as to the debts stated to be admitted therein; and shall also have power to inquire whether any of such debts have been improperly admitted or improperly disputed by the prisoner, with any fraudulent intent. VI. And be it further enacted, That in the adjudication of the said court, that any prisoner is entitled to the benefit of the said Act, and the order thereon, it shall not be necessary to specify the several creditors and persons claiming to be creditors of such prisoner, as required by the said recited Act, but it shall be sufficient, if the said court shall think fit, to refer in such order to the schedule of such prisoner as specifying such creditors, or persons claiming to be creditors of such prisoner, as to whom the said court shall adjudge the said prisoner to be entitled to the benefit and protection of the Act, and to be discharged forthwith; and judicate generally, without naming particular Creditors, &c. Directing to refer to Schedule as to Creditors instead of specifying them in Adju dication, and to enable the Court to ad that in all cases where it shall appear to the said court that any prisoner shall have done or committed any act for which the said court is by the said recited Act authorized to order that such prisoner shall not be discharged out of custody by virtue of the said recited Act, or receive or be entitled to any protection, until he or she shall have been in custody at the suit of some one or more of the persons who were creditors at the time of petitioning the said court, or had since become creditors in respect of debts then growing due, and from whose claims he or she shall be discharged by the judgment of the said court, for a period or periods not exceeding three years in the whole, the said court may adjudicate thereon in the words of the said recited Act, without naming any such one or more creditor or creditors in such adjudication; and thereupon the said insolvent shall under such adjudication be subject and liable to be detained in prison by his or her then detaining creditor or creditors, and to be arrested or charged in custody by any of the other creditors in his or her schedule, until he or she shall have been in custody for such period or periods in the whole as shall be specified in such adjulication. No. LI. 3 Geo. IV. c. 123. of the First VII. And be it further enacted, That where it shall have been referred The Court to an officer of the said court, or to any examiner appointed by justices of may order the peace, by virtue of the said recited Act, to investigate the accounts Expences of of any prisoner, and to examine into the truth of the schedule of such Reference to prisoner, or the matters thereof, it shall be lawful for the said court, if it be paid out shall see cause, to order all the fees and expences thereof, paid by any Proceeds. creditor or creditors, to be repaid to him 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; and when it shall have been so referred Prisoner to to any officer or examiner, it shall be lawful for such officer or examiner attend if reto order the attendance of such prisoner, or if any prisoner who shall be quired in Mata material or necessary witness in any matters so referred to such officer ters of Refe or examiner, as often as such officer or examiner shall think fit; and the rence. prisoner mentioned in such order shall be accordingly carried before such officer or examiner, for which such order shall be a sufficient warrant; Fee to Keeper, 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 accept the solemn affirmation of any person being a Quaker, and examine all witnesses and parties upon their oaths or affirmations touching all matters relating thereto; and if any prisoner or other person taking an oath, or making False Swearany such affirmation, under the provisions of this Act, shall wilfully ing Perjury. forswear and perjure himself or herself in any oath to be taken under this Act, or shall male any wilful false affirmation, and shall be lawfully convicted thereof, he or she so offending shall suffer such punishment as by law may be inflicted on persons convicted of wilful and corrupt perjury Provided always, that no keeper of any prison shall be required or compelled to carry any prisoner a greater distance than two miles from Limitation as his prison, to or before such officer or examniner; except that the keepers of prisons in Middlesex or London, and of the prisons of the King's Bench and Marshalsea, and in Horsemonger Lane, and of and in the borough of Southwark, in the county of Surrey, shall carry their prisoners before such officer at the office of the said court, or at such other place within the bills of mortality as the said court shall direct. Vill. And be it further enacted, That in all cases in which the said court shall order any prisoner to be discharged from custody so soon as such prisoner shall have been in custody during a certain period, or not to be discharged until he shall have been in custody during a certain period, according to the provisions and limitations in the said recited Act, the said court may, if it shall see cause, order such prisoner to be confined during any such period within the walls of such prison, and not within any rules or liberties thereof, to Distance in conveying Prisoners. Court may order Prisoners to be con fined within the Walls. IX. And be it further enacted, That it shall be lawful to the justices at The Sessions empowered to remand a Prisoner who refuses to be sworn or to answer proper Questions, & *02 No. LI. 3 Geo. IV. c. 123. To compel the Witnesses and Production of Expences to be previously tendered. In case of collusive Arrest in Middlesex, London, or Surrey, of Prisoner residing in another County, Affidavits may be used in opposition. No Prisoner shall be discharged as to any Action for any Debt admitted in his their general or quarter or adjourned sessions, to remand to prison any prisoner brought before them, who shall refuse to be sworn, or to answer upon oath all such questions as to the said justices shall appear relevant and proper, or for the purpose of amending his schedule, or for further examination or hearing, and to order him to be brought before them at the same or some subsequent general or quarter or adjourned sessions; and such order shall be a sufficient warrant to the keeper of the prison wherein he shall be in custody, to bring him before the same or such subsequent sessions, according to the direction thereof; and that the said justices at session shall certify to the said court the said remand, with the cause thereof; and that the said justices shall have such and the same powers of compelling the attendance of witnesses, and of requiring and compelling the production of books papers and writings, for the purposes of the said recited Act or this Act, as now are possessed by any of the superior courts at Westminster; and the clerk of the peace, who is hereby authorized to issue such subpoenas as may be requisite, and in each of which the names of not more than four persons shall be inserted, for each subpoena, receive from the person requiring the same the sum of two shillings and sixpence, and no more: Provided always, that nothing herein contained shall extend to the compelling of the attendance of any witness, unless the party on whose behalf such witness shall be required to attend, shall have previously tendered such allowance for expences for his attendance, as in the judgment of the said court of the said justices, at the general or quarter or adjourned sessions, shall appear to be reasonable. X. And be it further enacted, That where it shall appear to the satisfaction of the said court, that any prisoner in actual custody, or arrested within the counties of Middlesex or Surrey, or the city of London, had, at or immediately before such arrest, his usual place of abode in some other 'county or place, and had been arrested in the said counties of Middleser or Surrey, or in the said city of London, it shall and may be lawful for the said court to receive affidavits of any creditor or creditors, or of any other person or persons not resident within the said counties of Middlesex and Surrey, or the city of London, in opposition to the discharge of such prisoner under the said recited Act, and, if the said court shall think fit, to permit interrogatories to be filed, for the examination or cross-examination of any person making or joining in such affidavit, and also to stay the discharge of every such prisoner, until such interrogatories shall be fully answered, to the satisfaction of the said court, or until the expiration of six weeks from the filing of such interrogatories. XI. And be it further enacted, That no prisoner who shall have petitioned the said court for relief under and by virtue of the said recited Act, shall be discharged out of custody as to any action suit or process in or by which he or she shall be charged or detained in custody, for any debt or damages which are or shall be admitted by such prisoner in his or her schedule filed in the said court under the said recited Act, or which shall Schedule, &c. be disputed therein only as to the amount of such debt or damages, by or for Want of the Plaintiff proceeding therein. Petitions from married Wo. men petitioning to be discharged from Debt may be received by the Court without requiring the Conveyance required by the recited by virtue of any supersedeas, judgment of non-pros, or judgment as in the case of a nonsuit, for want of the plaintiff or plaintiffs in such action suit or process proceeding therein. XII. And whereas by the provisions in the said Act any prisoner petitioning for the benefit of the said Act must execute a conveyance and assignment of all the estate, right, title, interest, and trust of such prisoner to all the real and personal estate and effects of such prisoner (except as therein excepted), so as to vest all such real and personal estate and effects in the provisional assignce of the said court, and the said court is empowered to order a judgment to be entered up against such prisoner in one of superior courts at Westminster for the amount of the debts of such prisoner which shall at the time of such order remain due and unpaid, from which such prisoner shall be discharged by the said court; and such prisoner is required to execute a warrant of attorney to authorize the entering up such judgment: And whereas a married woman being a prisoner for debt cannot execute such conveyance or assignment, vesting Property shall be made to Provisional Assignee, &c. Act; but Con veyance for or such warrant of attorney for the purposes aforesaid, and therefore cannot petition for and obtain a discharge under the said Act, without special provision being made for such purposes; be it therefore enacted, That if any married woman being a prisoner within the intent and meaning of the said Act, shall petition to be discharged from any debt or debts under the provisions of the said Act, it shall be lawful for the said court to receive such petition without requiring such married woman to execute such conveyance or assignment, or such warrant as aforesaid, according to the provisions of the said Act; but instead thereof, that the said court shall require such married woman to execute a conveyance and assignment for vesting in such provisional assignee as aforesaid all property, real and personal, to which she may be entitled for her separate use, or over which she shall have any power of disposition notwithstanding her coverture, or which shall be vested in any trustees or trustee, or other persons or person for her benefit, and to deliver up all personal estate and effects of which she shall have the actual possession, except her wearing apparel bedding and other such necessaries, not exceeding in the whole the sum of twenty pounds, and also all other real and personal estate and effects to which she shall be entitled in any manner whatsoever, in possession remainder or reversion, subject only to such right title or interest as her husband may have therein; all which acts she is hereby empowered to do without her husband, notwithstanding her coverture, so nevertheless as not to prejudice any rights of her husband in such real and personal estate and effects respectively; and all such estate and effects, real and personal, in possession reversion or remainder, shall, by such conveyance and assignment so to be executed under the order of the said court, be as effectually vested in such provisional assignee as aforesaid, as the same might have been vested in such assignee by the conveyance or assignment of such woman if she had been sole and unmarried, subject only to the rights of her husband therein as aforesaid; and all provisions in the said Act or in this Act contained, touching the real and personal estate of any prisoner seeking to be discharged under the authority of the said Act, shall apply to such real and personal estate and effects respectively, in the same manner as the same would apply to such personal estate and effects if such woman had been sole and unmarried, subject only to the rights of her husband therein; and such married woman shall also execute a warrant of attorney to confess judgment in one of the superior courts aforesaid, for the amount of the debts remaining unpaid, from which she shall be discharged under the authority of the said Act as aforesaid; and such warrant of attorney so executed shall be sufficient authority for entering up judgment against such woman accordingly, notwithstanding her coverture; but such judgment shall not in any manner prejudice or affect the rights of her husband, except that the same shall be deemed and taken to be her debt in case she shall die in the life-time of such husband, to the end that the same may be discharged out of her personal assets in a due course of administration, or out of her real estate, if any she shall have at the time of her death, but without prejudice to any estate or interest of her husband therein as tenant by the courtesy; and in case such woman shall, during the life-time of her husband, become entitled to any property for her separate use, such judgment may be enforced against such separate property, by suit in equity or otherwise, under the order of the said court, for the purpose of obtaining payment of so much of the debts from which such woman shall have been discharged by such court as shall then remain unpaid; and in case such woman shall survive her said husband, such judgment may be after his death enforced against such woman or her property, real and personal, in such and the same manner and with the same effect as it might have been if she had been sole and unmarried at the time she executed such warrant to confess judgment, and at the time when such judgment shall have been entered up as aforesaid: Provided always nevertheless, that the discharge of any married woman under the authority of the said Act or of this Act, shall No. LI. 3 Geo. IV. c. 123. |