Page images
PDF
EPUB
[ocr errors]

always given fuch a novel turn of wit, humbur, and character, that they are far fuperior to the homefpun manufactures of our modern writers. His Lethe, Lying Va-. let, Guardian, &c. are undeniable proofs of this affertion. His judicious alterations of many old plays have alfo evinced his tafte and delicacy. His prologues have conftantly met with univerfal approbation-but there is one poetical piece, which has been generally afcribed to him, and which he has never denied, that will do immortal honour to his pen; this is the Ode on the Death of the late Mr. Pelham.

Mr. Garrick may, upon the whole, be confidered as a phænomenon of this age; and in the collected character of a&tor, author, and the agreeable companion, we, probably, "ne'er fhall look upon his like again." Town and Country Magazine. See our Poetry for laft

year, p. 199.

Heads of an A&t paffed on the 23d of May, 1776, being the laft Day of the laft Seffion of Parliament, for the Relief of Infolvent Debtors.

HIS at extends itself only To perfons who are not inTHIS to perfons who are not indebted to any one creditor in a greater fum than 1000l. and who hall furrender up, on oath, all their property and effects, for, the benefit of their creditors in general; after which, their perfons, and perfonal effects, which they may in future acquire, are to be for ever free from all claims or demands, on account of debts contracted before the twenty-fecond day of January laft; but all future

acquifitions of real property of money in the funds, are fubjected to the claims of their feveral creditors.

Thofe entitled to the benefit of this act are,

I. Perfons arrefted for debt, and held to bail, on or before the first day of January laft, who fhall furrender themselves to prifon, on or before the twenty fixth day of June next.

II. Perfons who were arrefted for debt on or before the twentyfecond day of January laft, and have remained ever fince in the actual cuftody of the keeper of one of his Majefty's prifons; crown debtors excepted.

III. Fugitives for debt, who were actually beyond fea on the twenty-fecond day of January last, and who fhall furrender themfelves within fourteen days next immediately after their landing in England to the keeper of the King'sbench, Marshalfea, or Fleet prifons, or to the keeper of the prifon of any district, in which they laft dwelt, for the space of fix months before they abfconded. But no difcharge can be granted to fugitives after the firft day of Auguft, one thoufand feven hundred and feventy-eight.

IV. Commiffion or Warrant Officers, in his Majesty's fea or land fervice, now upon the full or halfpay lift, who, for fear of arrests, have taken fhelter in privileged places, or who have been thrown into jail, and are not under the defcription of thofe perfons who can take benefit by the other provifions of this act, are to be confidered as fugitives, and equally entitled to the benefit of this act, provided they furrender themselves on or before the twenty-fixth day

of

of June next, to the keeper of any of his Majefty's prifons, in the manner prefcribed for fugitive debtors returning from foreign parts.

V. Perfons against whom commiffions of bankruptcy have been iffued on or before the twentyfecond day of January last, and who are now in prifon for debt only (not contumacy), or who are now fecreting themselves for fear of their creditors; or perfons who were in prifon for debt on the twenty-fecond day of January laft, and against whom commiffions of bankruptcy have been fince awarded, may fummon their plaintiffs before one of the Judges of the court wherein the procefs iffued, on which they are or may be detained, or (if fuch Judge live at a distance) before any Juftice of the peace; and, on the plaintiff's not appearing, or not proving that fuch bankrupts have concealed any part of their eftate or effects, or have not duly conformed themselves to the laws now in force against bankrupts, fuch Judge or Juftice fhall difcharge them on their taking an oath that the cause of action arofe previous to the iffuing of the commiflion against them, and caufing common appearance to be entered for them, where neceflary, in every fuch fuit.

VI. Bankrupts against whom commiffions have been iffued on or before the twenty-fecond day of January last, having fully conformed to the bankrupt laws now in being, and not having been committed to prifon for any act of contumacy, &c. may, if their creditors perfit in refufing their certificates after the expiration of twelve months, apply to the Lord

Chancellor, who, on the report of the Commiffioners, has a difcretionary power to order an advertisement to be inferted in the Gazette for the allowance of the certificates of fuch bankrupts, in the fame manner, and to the fame effect, as if they had been figned by four-fifths in number and value of their creditors.

To prevent impofitions, the dif ferent gaolers are immediately, after the paling this act, to give in to the Juftices of the Peace, at their firit or fecond General Quarter Seffions, an alphabetical lift of the prifoners who were confined in their feveral gaols for debt on the 22d day of January laft, or fince the date, under the terms and conditions of this Act, with the time when charged, and at whofe fuit. Thefe lifts to be fworn to and fubfcribed in court, and to remain in the poffeffion of the Clerk of the Peace; and three copies of the feveral lifts are to be fixed up in the most confpicuous parts of the different prifons. And the gaoler is further to make oath, that the perfons whose names are inferted in the said lifts, have not, to his knowledge, caufed themselves to be arrested with a view to obtain the benefit of this Act, or refided out of the prifon with his privity fince their commit.

[blocks in formation]

240]

ANNUAL REGISTER, 1776.

cuftody,) containing their names,
trades, occupations, and two laft
places of abode. (if fo many) of
each perfon, and mentioning fuch
notice in cach Gazette, or news-
paper, to be the Firft, Second, or
Third notice, according to the or-
der of publishing them; the first to
be inferted at least thirty days, and
the third at least ten days before
the feffions, at which they propofe
to apply for their difcharge. For
publifhing each notice, two-pence
only is to be paid by any fuch pri-
foner. And every fuch notice is
to be figned by the prifoner, and
counterfigned by the gaoler.

And, for the better information of creditors, a fchedule of every fuch debtor's eftate is to be delivered to the gaoler for their infpection, previous to the publication of the notices, and fuch delivery fpecified in the first notice; and if it fhould be made to appear, at the faid feffions, that any prifoner fhould have neglected to deliver fuch schedule to the gaoler, he fhall be remanded to prifon by the Juftices, until the above directions are complied with.

The gaoler is obliged to atteft each prifoner's fignature to his fchedule, and give the prifoner a duplicate thereof; and is alfo to give a copy to any creditor who may defire it, under a penalty of

201.

Prifoners who want to procure their difcharge, are to apply by petition to any of the Justices of the peace within whofe jurifdiction they are confined, and deliver in with their petitions the fchedules of their eftates, to which they are to fwear at the enfuing first or fecond quarter feffions; upon which the juftice is to direct a warrant, un

der his hand and feal, to the She-
riff or keeper of the prifon, re-
quiring them to be brought up, af-
ter the expiration of ten days, to
the faid feffions, with the warrants
caufes with which they are charged;
of their detainer, and copies of the
which warrants of the Justice all
Sheriffs and gaolers are obliged to
obey; and if any Juftice fhall neg.
lect to tranfmit the fchedules of
fuch prifoners to the Clerk of the
Peace, for the infpection of credi-
tors, within ten days after he shall
have received it, he is to forfeit
ten pounds; one moiety to go to
fame, and the other to the poor of
the party who profecutes for the
the parish where the offence fhall
be committed.

up for their difcharge, they are to
When the prifoners are brought
make oath of the time of their con-
finement, or furrender, and that
they have been ever fince in actual
cuftody in the prifon or liberties
thereof, and without any fraud or
collufion whatfoever; and that the
fchedules delivered in by them re-
fpectively, contain, to the best of
and difcovery of their eftates and
their knowledge, a perfect account
effects, real and perfonal, except
wearing-apparel and bedding for
themfelves and families, working
tools and néceffary implements, to-
gether with a fum of money not
in the whole not exceeding the
exceeding forty-fhillings, and thefe
value of twenty pounds, each.

then fubfcribed by them refpective-
The feveral schedules are to be
ly in the prefence of the Juftices in
open feffion, and fhall be lodged
with the Clerk of the Peace for the
examination of the creditors; and,
to exhibit the fame to any creditor,
his attorney, on payment of

or

one

one fhilling, and give a copy thereof (not on ftamped paper) at fix-pence a sheet, or forfeit ten pounds and treble cofts, one moiety to the poor, the other to the pro fecutor.

At the request of a creditor the court may examine the gaoler, or any under officer of a prifon, on oath, touching any thing contained in any of the oaths preferibed by this Act; and if the oath taken "by any prifoner in open court fhall not be difproved by good teftimony, the court is to discharge him, on his paying a fee of one fhilling to the gaoler.

Infolvents difcharged under this Act, convicted of perjury in any oath therein directed to be taken, fhall be adjudged felons, and fuffer death without benefit of clergy.

The estate and effects of prifoners upon their difcharge to be vefted in the Clerks of the Peace, and their fucceffors, who are to make over the fame to affignees to be named by the court, for which they fhall be paid two fhillings. The affignees are impowered to fue in their names for the infolvent's eftate, or execute any truft or power for the prifoner, whofe real eftate they are to make fale of, and make a dividend of the purchafe money within three months, first making up their accounts, and verifying them upon oath.

Thirty days notice to be given of making a dividend, and no perfons are to receive any fhare until their debts are proved and allowed by the court. The furplus, if any, of the infolvent's eftate to be paid to him.

If there fhould be any omiffion in the infolvent's fchedule, his VOL. XIX.

creditors are not to fuffer thereby, and no fuit in equity can be commenced but by confent of the majority of them in number and va lue.

No affignment of the infolvent can affect prior mortgages; and the power in prifoners of leafing lands are to be vefted in the affignees.

Fugitives intending to furrender, and previously arrefted, are not thereby excluded from the benefit of this Act.

But perfons who have defrauded their creditors by taking up goods, money, or fecurities, under falfe pretences, are pofitively excluded from any benefit, if the fame be proved to the fatisfaction of the Juftices in feffion. Those alfo are excepted who fhall be found to have fold or affigned any part of their property with intent to defraud their creditors.

The discharge of a prifoner is no acquittal to his partners or fureties.

Gaolers making falfe entries in their prifon books or lifts, to forfeit 500l. with treble cofts.

Every creditor has a right to demand an interview with his debtor in prifon, who, if he shall refufe to tell the name and abode of the perfon at whofe fuit he is detained, fhall be excluded the benefit of this Act.

Every creditor who shall oppose a prifoner's difcharge, fhall allow the prifoner 35. 6d. or 4s. per week, in default of which for one fortnight, he may obtain a dif charge.

Perfons owing more than 1000l. to one person, may obtain the benefit of this Act, if they can procure fuch creditor's confent. Or if [2]

the

the debt was incurred by being fureties for others, and that it be proved to the fatisfaction of the court, that the prifoners had never applied any part of the money or property obtained on that fecurity to their own ufe.

Twenty per cent, is allowed for the difcovery of any part of an infolvent's eftate, not fet forth in the schedule delivered, provided fuch discovery be made within twelve months and perfons convicted of concealing any part of an infolvent's eftate, are to forfeit 1001. with double the value of the eftate or effects.

Difcharges fraudulently obtained are declared to be void to all intents and purposes.

Affignees, with the confent of a majority of the creditors, may compound debts, and fubmit any dispute relating thereto to arbitration; and if the heirs of affignees fhould refufe to act, others are to be appointed, and a fresh affignment executed by the Clerk of the Peace, as if no former one had been made. Affignees complained against for fraud, mifmanagement, or misbehaviour, are to be fummoned before the Juftices in genes ral quarter feffion, who are to make fuch order thereupon as they fhall think fit.

Where mutual credit has been given, the balance is to be ftated and allowed.

Prifoners on procefs out of courts of confcience are to have the benefit of this Act; alfo perfons confined only for their fees.

But perfons who have taken the benefit of any Infolvent Act within eight years cannot receive any benefit from this Act; unless they can produce a certificate figned by

a proper officer, fetting forth that they are enlifted to serve in his Ma jefty's fea or land fervice.

There is a particular clause in favour of a lunatic now in the King's-bench prifon, whofe cafe does not come within the defcription of those who are generally entitled to their discharge under this Act.

This A&t is not to extend to that part of Great Britain called Scotland.

Remarkable Address of the present Governors and Directors of the Poor of the Parish of St. Andrew, Holborn, above the Bars, and Saint George the Martyr, in the County of Middlesex, united to the Inhabitants of faid Parifb; inferted 10 fhew the great Advantages likely to accrue to both Rich and Poor, by the Former's placing the Latter in able and boneft Hands.

Ladies and Gentlemen,

E think it expedient to fub

mit to your inspection the under-ftated accompt for the laft four years, by which it evidently appears, that a fum not exceeding 40col. per annum during the time we have been in the direction, has been found fufficient for the maintenance and fupport of the Poor of thefe parishes; inftead of 55501. per annum, the average fum raised for the preceding eight years. And there is no doubt, fhould the prefent plan of management be continued, that the Poor's Rate will be ftill lower.

We cannot pass over in filence the extraordinary affiftance we have received from two gentlemen (Mefirs. Adkins and Crifpin), who

by

« PreviousContinue »