s. 52. Persons dis charged under again entitled seek unless three fourths of credishall tors consent, or insolvency satis cumstances the [*said court] should be of opinion that it would be just that such prisoner should be again discharged by virtue of this act. And by s. 52. no person who shall have been at any time discharged by virtue of this act, shall again be entitled to the benefit thereof within 5 this act, not years after such discharge, unless three fourths in number within 5 years, and value of the creditors, against whom he shall so to be discharged, shall signify their assent, &c. or it be made appear to the satisfaction of the [*court to be es-factorily actablished by virtue of this act,] that such person has since counted for, his former discharge endeavoured by frugality to pay all just demands upon him, and has incurred no unnecessary expense, and that the debts which he has incurred, subsequent to such former discharge, have been necessarily incurred for the maintenance of such person, or his family, , or that his insolvency has arisen from misfortune, or from inability to acquire subsistence for himself and his family, or from debts incurred prior to such former discharge to which such discharge did not extend, or from debts incurred subsequent to such discharge in consequence of engagements entered into or acts done prior to such discharge. And by s. 51. no prisoner seeking the benefit of this act shall be discharged with respect to any debt or No prisoner for penalty with which he shall stand charged at the suit of debt or penalty incurred by the crown, or of any person, for any offence against any breach of revenue laws, or for act of parliament relative to the customs, excise, stamp forfeited recog‐ [for salt] duties, or any of them, or any branches of the charged without said public revenue, or at the suit of any sheriff or other consent of three public officer, upon any bail bond entered into for the ap- treasury. pearance of any person prosecuted for any offence committed against any act relative to the customs, &c. or any other branches of the public revenue; unless [‡ 3 of the lords commissioners of the treasury] for the time being shall certify, under their hands, their consent to the discharge of such prisoner, upon the terms prescribed by this act. *"court to whom such person shall apply for his discharge," in 53 Geo. 3. ↑ Salt duties are not included in this clause of 53 Geo. 3. c. 138. I. in Ireland," in 53 Geo. 3. c. 138. I. s. 51. ! nizance, dis Commissioners of s. 53. Foreigners not except under stances. s. 54. Prisoners allow ed time to an swer objections to their dis act. And by s. 53. no person not being a natural born entitled to bene- subject of this realm shall have the benefit of this act, fit of this act, except under such circumstances, and on such terms, as special circum- to said court [*to be established by this act] shall seem fit. This act provides (s. 54.) that that if any objection shall be made to the discharge of any prisoner on the ground of his misconduct, and it shall appear to said court that such prisoner might not have been aware of charge for mis- such objection, such court shall allow him sufficient time to answer such objection; and shall also, if necessary, require such objection to be stated in writing to such prisoner, so that he may be fully apprized thereof. And by s. 55. in case it shall appear to the satisfaction of said If misconduct court, that any misconduct which shall be attributed to was trivial, &c. court may dis- any prisoner, to prevent his discharge, although strictly charge prisoner. within the meaning of this act, was attended with such conduct. s. 55. and prisoner remanded. circumstances, or the injury thereby done was to so small an amount, that it may not be fit that such prisoner should on that account be deprived of the benefit of this act, it shall be lawful for said court to discharge the prisoner, either in the same manner as if such objection had not been made, or on such further terms as to said court Debts contract- shall appear reasonable: provided also that if it shall aped fraudulently to be excepted, pear to the satisfaction of said court, that any debt was contracted by any prisoner under any fraudulent circumstances not provided for by this act, it shall be lawful for said court to except such debt from the discharge to be granted to such prisoner, either absolutely, or upon such terms as to said court shall appear proper; and if such prisoner shall be in actual custody for such debt, it shall be lawful for said court to remand such prisoner according to its determination upon such debt. † And by s. 56. if any person, being a prisoner in any such prison upon such gnoter shall re- process as aforesaid, shall be or become of unsound mind, quire a justice the gaoler, or keeper of such prison shall, forthwith, reof peace to in s. 56. If prisoner ap pears insane, quire *to which such person shall apply to be discharged," in 53 Geo. 9. c. 138. I. †The 53 Geo. 3. c. 138. I, contains here a proviso as to courts sitting under different commissions. circumstances, discharged by quire one justice of the peace (or more) [* for the county, quire into the &c. wherein such prison shall be,] to attend at said prison, and certify them and inquire into the state of mind of such prisoner; and to the court: thereupon, and also in case any such justice shall receive information by other means that any such prisoner is of unsound mind, such justice, &c. shall go to said prison, and by his own view, and by examination on oath of such person or persons as he shall think fit to examine, shall inquire into the state of mind of such prisoner; and if it shall appear to such justice upon such inquiry, that such prisoner is of unsound mind, such justice shall forthwith make a record of the fact, and certify the same [+to the court to be established by virtue of this act ;] and thereupon it shall be lawful for such court, at the instance of any person on behalf of such prisoner, to order notice Such prisoner to be inserted in the [London] Gazette, and 2 or more court, (if other wise entitled,) public newspapers usually circulated in the neighbourhood Rotice to crediof such prison, and in the neighbourhood of the usual resi- tors being first dence of such prisoner before he was committed to such pri- sette, &c. 20 son, as said court shall see fit, and shall in such order specify days before his and direct that application will be made to such court § for the discharge of such prisoner on a day, to be specified in such order, being 20 days at least from the day of publication of such one of such gazette and newspapers, containing such notice, as shall be last published; which notice, together with 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 attornies in such suit, shall be deemed sufficient to authorize said court to proceed to the discharge of such prisoner, if otherwise entitled to such discharge; and such court shall discharge such prisoner, in case it shall appear that he might have obtained his discharge under this act, if of sound mind; and thereupon inserted in ga discharge. * "within whose jurisdiction such prisoner shall be," in 55 Geo. 5. c. 138. I. "to the court to which such prisoner might, if of sound mind, presen his petition to be discharged by virtue of this act ;" in 55 Geo. 3. c. 158. I. "Dublin," in 53 Geo. 3. c. 138. I. S" or to the court of assize in manner herein-before mentioned," here added in 55 Geo. 3. c. 158. I, see 54 Geo. 3. c. 25. E. Assignment thereupon ordered to be executed by clerk of the court, or com thereupon such court shall direct an assignment, &c. to be made of the estate, &c. of such prisoner, [*and engagement for the payment of his debts,] according to the provisions of this act, to be executed by the clerk of said mittee of lunatic court in the name and on the behalf of such prisoner; which conveyance [ and engagement] shall be made accordingly, unless such prisoner shall have been found a person of unsound mind by inquisition taken under a commission in the nature of a writ de lunatico inquirendo, in which case such conveyance, &c. shall be executed by the committee of such lunatic, in such manner as shall be directed by the lord chancellor, &c. or such person or persons as shall be authorized by the royal sign manual to provide for the care and custody of the persons and estates of persons found lunatic by inquisition; and such conveyance, &c. shall vest the property of such prisoner in the person er persons to whom the same shall be directed by said court to be conveyed, and shall bind such prisoner, his heirs, executors and administrators, as fully as if such conveyance, &c. had been duly executed by such prisoner. s. 28. this act how punished. s. 48. Perjury by quakers. By s. 28. if any prisoner who shall apply for his disPerjury under charge under this act, or any other person taking an oath under this act, shall wilfully forswear and perjure himself, and shall be lawfully convicted, he shall suffer the punishment of wilful and corrupt perjury. And by s. 48. in all cases wherein by this act an oath is required, the solemn affirmation of any person being any person being a quaker shall be taken in lieu thereof; and every person who shall be convicted of wilful false affirmation, shall incur the penalties of wilful and corrupt perjury. By s. 24. the proper officer of said court shall, on the reasonable request of such prisoner, or of any Proper officer to produce to pri creditor, or his attorney, produce to such prisoner, cresoner, &.c. petition, orders, ditor, or attorney, at such times as said court shall direct, such petition, schedule, oath, order, and judgment, and all other orders and proceedings in such matter; and a true copy of every such petition, &c. signed by the officer in whose custody the same shall be, or his deputy, certifying the same to be a true copy, without being written on stamped S. 24. *Vide 54 Geo. 3. c. 3, s. 13. & 14, jost. S. 57. Subordinate court established by this act how Court when an i stamped paper, shall be admitted in all courts whatsoever as legal evidence of the same respectively. [*By s. 57. it shall be lawful for the commissioner of the court to be established by virtue of this act, to appoint officers of the such and so many officers of such court for carrying into execution the purposes of this act, as the lord chancellor, appointed. &c. together with the lord chief justices of the king's bench and common pleas, and the chief baron of the exchequer, for the time being, shall from time to time deem necessary; and such court shall be always open, where holden. and shall be ordinarily holden in some convenient place or places in the cities of London or Westminster, or in the county of Middlesex, within the bills of mortality. It is hereby provided +(s. 49.) that it shall be lawful for the court to be established by virtue of this act, to amend Formal errors, &c. in petition, matters of form, and to supply omissions, and correct) &c. amended. errors, in the petition, schedule, or other proceedings directed by this act, (whereby prisoners might be deprived of the benefit of this act,) in case. the same shall appear to have arisen from ignorance, mistake or inadvertency, and not to have been wilful and fraudulent.] By s. 59. this act shall continue in force until 1st November, 1818, and Duration of act. thenceforth until the end of the then next session of parliament. And it was provided by s. 60. that this act, or any part thereof, might be repealed or altered by any act May be repealin the session wherein it was enacted. s. 49. s. 59. S. 60. ed, &c. may hold his but to have an The 54 Geo. 3. c. 23. E. amends the 53 Geo. 3. c. 102. Commissioner s. 57. supra, by enacting that it shall be lawful for the court in any commissioner appointed or to be appointed by virtue of part of England, said act, to hold the court thereby established, and to ex- office in Lonercise his office as occasion shall require, in any part of don, &c. England; but such commissioner shall at all times have 54 Geo.3.c.23. an office, in some convenient place, either in the cities of s. 1. E. London or Westminster, or in the county of Middlesex, within the bills of mortality, for the dispatch of business. And This clause (s. 57,) is not contained in the 53 Geo. 3. c. 158. I. The 53 Geo. 3. c. 158. I. does not contain any clause similar to this, (s. 49.) but the 56 Geo. 3. c. 126. I. which amends this act, has adopted it. The clause (s. 58.) which formed a court of appeal is repealed by the 54 Geo. 3. c. 25. s. 16. E. |