Oath of petitioner. be discharged by order of court on such order, on him, her or them, or his, her or their attorney, if any Prisoner to And in case any prisoner as aforesaid, shall in open court take the said oath, such court in which any such oath as aforesaid shall be taken, may then immediately order the messuages, lands, tenements, goods and assignment effects, contained in such account, or so much of them as may be suffiof property cient to satisfy the debt or debts, wherewith such prisoner shall stand charged in execution, and the fees due to the sheriff or keeper of the gaol, or person from which such prisoner was brought, to be by a short indorsement on the back of such petition, and to be signed by the prisoner, assigned and conveyed to the creditor or creditors (if more than one) who shall have charged such prisoner in execution, or to some or one of them, or to some other proper person or persons, as such court shall order and direct, and to his her or their heirs executors, administrators and assigns, for the benefit of him, her or them, who shall have so charged such prisoner in execution, subject nevertheless to all prior incumbrances affecting the same; and the estate, interest and property, of all messuages, lands, tenements, goods, debts, estates and effects, which shall belong to any such prisoner, shall by such assignment and conveyance as aforesaid, be vested in the person or persons to whom any such assignment or conveyance shall be made, according to the estate and interest such prisoner had therein; and the person or persons to whom any such assignment and conveyance shall be made, shall and may take possession of all such estate and effects, and sue in his her, or their name or names, for the recovery thereof; and no release of any such prisoner, his or her executors or administrators, or any trustee for him or her, subsequent to such assignment or conveyance, shall be pleadable, or be allowed of, in bar of any action or suit, which shall be commenced by any such assignee or assignees, of any such prisoner, for the recovery of any of his or her estate or effects, and upon every such assignment and conveyance being executed by any such prisoner, he or she shall be discharged out of custody, by rule or order of such court; and a certified copy of such rule or order being produced to, and left with any sheriff or gaoler, shall be a sufficient warrant to him to discharge every such prisoner, if charged in execution, or detained for the cause mentioned in his or her petition, and no others; and every such sheriff or gaoler is hereby required on having such order produced to him, and a copy thereof left with him, to discharge and set at liberty forthwith, every such prisoner who shall be ordered as aforesaid to be so discharged, without taking any fee, or detaining him or her in respect. of any demand of any such sheriff or gaoler, for or on account of chamber rent, lodging or otherwise, or for or in respect of any fees theretofore claimed or due to any such sheriff or gaoler, or to any employed by or under either of them, and no such sheriff or gaoler shall afterwards be liable to any action of escape, or other suit or information, on that account, or for what he shall do in pursuance of this act; and the person or persons to whom the estate and effects of any such prisoner shall be assigned and conveyed, as aforesaid, shall, with all convenient speed, sell and dispose of the estate and effects, of every such prisoner, which shall be so assigned and conveyed, and divide the net produce of all such estates and effects amongst the creditors of such prisoner, if more than one, who shall have charged such prisoner in execution, before the time of his or her petition to be discharged, shall have been presented, first paying the fees of the sheriff or gaoler, in whose custody such prisoner then was; and if any overplus shall remain of any such prisoners estate, after payment of the sum or sums for which such prisoner stood charged in execution as aforesaid, at the time he or she was so discharged, and the fees then due to the sheriff or gaoler, and all reasonable charges expended in, or by means of getting in such estate and effects, and such sums as may have been paid by such creditor or creditors, for the maintenance of such prisoner while in gaol, the same shall be paid to such prisoner, his or her executors, administrators or assigns; but in case the person or persons, at whose suit any such prisoner shall stand charged in execution as aforesaid, shall not be satisfied with the truth of any such prisoners oath, and shall either personally, or by his her or their attorney, (if he she or they cannot personally attend, and proof be made thereof to the satisfaction of such court) desire further time to inform him, her or themselves, of the matters contained therein, such court may remand any such prisoner, and direct him or her, and the person or persons dissatisfied as aforesaid, with such oath, to appear either in person, or by his her or their attorney, on some other day to be appointed by such court, sometime at farthest within the first week of the term next following the time of such examination, but sooner, if any such court shall so think fit, and all objections which shall be made, as to the insufficiency in point of form, against any prisoner's schedule. of his estate and effects, shall be only made the first time such prisoner VOL. 3.5 if remand ed at request of creditor. shall be brought up, and if at such second day, which shall be appointed, the creditor or creditors dissatisfied with such oath shall make default in appearing in person, or by his, her or their attorney, or in case he, she or they shall appear, if he, she or they shall be unable to discover any estate or effects of the prisoner, omitted in the account set forth in his or her petition, then and in any such case, such court shall by rule or order thereof, immediately cause the said prisoner to be discharged, upon such prisoner's executing such assignment or conveyance, of his or her estate and effects, in the manner herein before directed, Allowance unless such creditor or creditors who shall have charged such prisoner to prisoner in execution as aforesaid, his, her or their executors or administrators, doth or do insist upon such prisoner being detained in gaol, and shall agree by writing signed, with his, her or their name or names, mark or marks, or under the hand of his, her or their attorney, in case any such, creditor or creditors, his her or their executors or administrators, shall be out of this State, to pay and allow weekly, a sum not exceeding four shillings as such court shall think fit, unto the said prisoner, to be paid every Monday, in every week, so long as such prisoner shall continue in gaol in execution, at the suit of such creditor or creditors; and in every such case, every such prisoner shall be remanded to the gaol from whence he or she was so brought up, there to continue in execution. But if any failure shall at any time be made in the payment of the weekly sum which shall be ordered by any such court, to be paid to any such prisoner, such prisoner, upon application in term time to the court from whence the process issued, upon which such prisoner was taken and charged in execution, or to the court by which such prisoner shall stand. committed, or in vacation time, to any judge of such court, may by the order of such court or judge, be discharged out of custody, on every such execution, proof being made before such court or judge, of the nonpayment for any week, of the sum of money ordered and agreed to be weekly paid. But every such prisoner, before he or she shall be so discharged out of custody, by any such rule or order, shall execute an assignment and conveyance, of his or her estate and effects, in the manner herein before directed; and if any prisoner who shall petition or apply for his or her discharge under this act, shall refuse to take the said oath herein before directed to be taken, or taking the same, shall afterwards be detected before any such court or judge, or falsify therein, or shall refuse to execute such assignment or conveyance, of his or her estate and effects as aforesaid, every such prisoner shall be presently remanded, and continue in execution. Where two or more creditors oner remanded. Provided always, and be it further enacted by the authority aforesaid, That where two or more creditors shall charge any prisoner in execudesire pris- tion, and shall desire to have such prisoner detained in prison, each and every such creditor and creditors, shall only respectively pay such weekly sum of money, not exceeding two shillings and sixpence a week each, on every Monday in every week, to or for such prisoner, as the court before whom any such prisoner shall be brought to be discharged, shall at the time of his or her being remanded, on such note for the payment of the weekly sum ordered to be paid, being given, direct or appoint. And be it further enacted by the authority aforesaid, That from and corpus for after the first day of May next, where any prisoner shall be taken or prisoner. charged in execution, in any action or suit in the supreme court, or on any habeas corpus, and be in any gaol in any county, other then the county in which the said supreme court shall sit, whereon there shall at any time be due a sum not exceeding two hundred pounds, then upon petition being made by any such prisoner, to the said supreme court in Habeas release of the like form and manner as the petitions herein before mentioned, of prisoners, are directed to be made, and on affidavit to the purport as affidavits are herein before directed to be made, being made, and produced to the supreme court, the said supreme court, on being satisfied with the truth of such affidavit, is hereby authorised and required, to make a rule or order, to cause the prisoner so petitioning, to be brought to the next circuit court which shall be holden in and for the county where such prisoner shall be imprisoned, and the expence of bringing every such prisoner to any such circuit court, not exceeding one shilling a mile, shall be paid to the sheriff or officer who shall bring such prisoner to such circuit court, in obedience to any such rule or order as aforesaid out of such prisoners estate or effects, if the same shall be sufficient to pay such expence, and if not, that such expence shall be paid by the treasurer of the county where such prisoner shall be imprisoned, out of the monies raised, or to be raised for the contingent charges of such county, as the same shall be allowed ordered and directed by the same supreme court, or the judge or judges who shall hold such circuit court; and the creditor or creditors, if there be more than one, his, her or their executors or administrators, at whose suit any such prisoner shall stand charged in execution as aforesaid, shall by rule or order of the said supreme court, be summoned to appear at the said circuit court, if such creditor or creditors, his, her or their executors or administrators can be met with, and if not, then the attorney last employed for such creditor or creditors, shall be summoned to appear there, and a copy of every such rule or order shall be served on every such creditor or creditors, his. her or their executors or administrators, or be left at his her or their dwelling house, or usual place of abode, or with his her or their attorney last employed as aforesaid, fourteen days at least before the holding of such circuit court; and on an affidavit of such service thereof being laid before such circuit court as aforesaid, the same court, on being satisfied with the truth of such affidavit, is hereby required to appoint a time for hearing the matter upon every such petition as aforesaid, on some certain day and time during the holding of such circuit court, and upon the appearance thereof the creditor or creditors so summoned, his, her or their executors or administrators, in person, or by attorney, or in default of the appearance in person, or by attorney, of the party or parties who shall have been summoned so to appear, then on proof of his her or their being duly served with the notice hereby required to be given, and a copy of the account of the real and personal estate of the prisoner desiring to be discharged, being comprised in such notice, and also of the rule of the said supreme court, for his, her or their appearance at such circuit court, having been duly served, as herein before is directed, the said circuit court shall then in a summary way, examine into the matter of every such petition, and hear what can or shall be alledged on either side for or against the discharge of every such prisoner so petitioning; and upon every such examination such circuit court is hereby empowered and required, to administer or tender to every such prisoner the same oath as herein before is directed and appointed, to be taken by such prisoner; and such circuit court is hereby authorised and required to make such order in the premises, as to the same court shall seem meet, and to proceed in the same manner concerning the discharge of every such prisoner, and to give the same judgment, relief and directions relating thereto, as any court out of which any process shall issue against any such prisoner as aforesaid, is herein before empowered and directed to do, and every order which shall be made in the premises by any such Penalty when debtor convicted of perjury. Discharged not to be circuit court, shall be as valid and effectual as if the same had been made in the court out of which the process issued, on which any such prisoner was charged in execution; and the same shall be made a record of the proceedings at such circuit court, and a copy thereof signed by the judge or judges who shall hold such circuit court, shall from thence be transmitted to the said supreme court, to be a record of the said supreme court, and to be kept as such, amongst the other records thereof. And be it further enacted by the authrity aforesaid, That if any person who shall take any oath by this act required to be taken, shall upon any indictment for perjury be convicted by his or her own confession, or by verdict of twelve lawful men, every person so convicted shall suffer the pains and forfeitures which by law are to be inflicted on any person guilty of wilful and corrupt perjury, and shall likewise if discharged out of execution by virtue of this act, be liable to be taken on any process de novo, and charged in execution for the said debt, in the same manner as if he or she had not been discharged, or had not been taken and charged in execution before, and shall never after have the benefit of this act, any thing herein before contained, to the contrary notwithstanding. And be it further enacted by the authority aforesaid, That no prisoner prisoner who shall be so discharged by virtue of this act on such petition as rearrested. aforesaid, shall ever after be arrested for the same debt or debts, nor shall any action of debt be brought against him, or her, on any such judgment, unless he or she shall under this act be convicted of wilful perjury: But notwithstanding any discharge obtained by virtue of this act for the person of any such prisoner, the judgment obtained against every such prisoner shall continue and remain in force, and execution may at any time be taken out thereon, against the lands, tenements, goods and chattels of any such prisoner, other than and except, the necessary wearing apparel and bedding, for him or her, and his or her family, and the necessary tools for the use of his or her trade or occupation, not exceeding twenty pounds in value in the whole, as if he or she had never before been taken or charged in execution, and released out of prison by virtue of, or under this act. Composition of claims by assignee. IX. And be it further enacted by the authority aforesaid, That all and every assignee and assignees to whom by virtue of this act the estate or effects of any prisoner shall be assigned and conveyed, is and are hereby empowered to make composition with any debtor or accountant to such prisoner, where the same shall appear necessary or reasonable, and to take such part of any debt or demand as can upon such composition be gotten, in full discharge of such debt or demand; and also to submit any difference or dispute concerning any part of such prisoners estate or effects, or by reason or means of any matter cause or thing relating thereto, or to such prisoner, or in respect of any debt or sum of money, or other thing, claimed to be due or belonging to such prisoner, at the time of his or her discharge to the final end and determination of arbitrators, to be chosen by the said assignee or assignees, and the party or parties with whom any such difference or dispute shall be; and if such arbitrators cannot agree in the same, then to submit the same to the determination of any umpire to be chosen by them, or otherwise to settle and agree the matter in difference or dispute between them, in such manner as such assignee or assignees shall think fit, and can agree; and the same shall be binding to all the said prisoners creditors as aforesaid, who shall have charged him or her in execution, and also to every such prisoner; and every such assignee and assignees is and are hereby indem |