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A74532 An ordinance for the relief of creditors and poor prisoners. Thursday June 8. 1654. Ordered by his Highness the Lord Protector, and his council, that this ordinance be forthwith printed and published. Henry Scobell, Clerk of the Council.; Orders in Council. 1654-06-08. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. aut 1654 (1654) Thomason E1064_13; ESTC R210212 4,740 11

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and upon due proof made unto a Iury of any such fraudulent Grant Act or conveyance or of any wilfull concealing such fraud the said Iudges may sell and dispose for payment of such Debts as are before mentioned all such Lands Hereditaments Goods and Chattles so granted conveyed extended or to be extended had or to be had in execution in such manner as is before mentioned touching other the Lands Goods or Hereditaments of any such Prisoner or other persons and punish any such concealment of fraud as by any Law or Statute in force other then the said Act for relief of Creditors and poor Prisoners is appointed and Ordained and in case any such prisoner hath escaped out of any the said prisons since the fifth day of October one thousand six hundred fifty three or hereafter shall escape before the fifth day of October one thousand six hundred fifty four upon du proof made or to be made of such escape the estate and trusts of estate reall and personal of such prisoner escaped shall be sold and disposed by the said Iudges for satisfaction of the Creditors at whose suit such prisoner was imprisoned in like manner and no otherwise as they might have sold or disposed the Estate reall and personal if such prisoner had still remained in custody Provided alwaies That upon any Sale Lease or other disposition to be made as aforesaid of any prisoner or other persons real or personal Estate the said Iudges shall openly put a value upon the estate declared to be Sold Leased or Disposed and before the Sale or Disposition thereof the said prisoner or other person concerned his heir executor or administrator as the case requireth shall have notice thereof and if such Prisoner or other person concerned his Heir Executor or Administrator shall within six weeks pay in ready money as much as the said Estate to be sold or otherwise disposed was valued at as aforesaid or otherwise give security to the Creditors for the said sum to their liking the said Iudges shall forbear to make sale of such Estate but in default of such payment or security given they shall proceed to sale or other disposition thereof at the highest rate they can sell the same at provided it be not less than the value of them formerly set as aforesaid And all and every sale or other disposition of any Prisoner or other persons Estate made as aforesaid shall be good and effectual in Law against such Prisoner and such other persons their Trustees and all and every their Heirs general or special claiming by discent to all intents and purposes saving always to all persons other than such whose Estates may be sold as aforesaid their respective right to any Lands Hereditaments Goods or Chattels that shall happen to be sold or disposed as aforesaid as if the said Act for Relief of Creditors and poor Prisoners and this present Ordinance had not been made And it is hereby further Ordained That no Estate real or personal of any Prisoner or other person shall be taken to be any Estate to be sold discharged or disposed within the meaning of the said former Act entituled An Act for Relief of Creditors and poor Prisoners other than such Estates as are by this present Ordinance declared to be Sold and Disposed for payment of Debts in manner before expressed And that no Prisoner shall be accounted a Prisoner whose Estate is to be Sold or Disposed within the meaning of the said Act but such as were actually Prisoners the fifth day of October One thousand six hundred fifty three or before the twentieth of October then next following or who being Prisoners as aforesaid are since dead or shall dy before the fifth of October next leaving their Debts undischarged Provided also That the said Iudges shall not intermeddle in the Sale or Disposing of any Land Ordered or Decreed to be sold for payment of Debts by the High Court of Chancery but that the same be left to be wholly Disposed as the said Court of Chancery shall Order and Provide And it is further Ordained That all Persons by the said Act for relief of Creditors and poor Prisoners made Iudges as to all Prisons and Persons committed to other Prisons than as before mentioned within the respective Counties Cities and Towns Corporate within this Common-wealth shall from and after the eighth day of June One thousand six hundred fifty four proceed in the Excecution of the said Act as to the release of any Prisoners in every respect according to the meaning of the Act Entituled An Act for Relief of Creditors and poor Prisoners but not as to the Sale or Disposition of any Lands or Goods but according to the Explanations and Alterations thereof made by this present Ordinance and not otherwise Provided also That no Creditor shall have advantage or benefit of any Sale as aforesaid made for or towards satisfaction of the Debt unless he give a legal Discharge of the whole or part of his said Debt as the Case requires to be Ordered by the said Iudges And be it further Ordained by Authority aforesaid That it shall and may be lawfull for the several Iudges Authorized by this Ordinance upon Good and Sufficient Security taken of all such of the said Prisoners as they think fit to permit the said Prisoners to go out of Prison for some convenient time the better to enable such Prisoners to assist in Sale of their Estates or take other Course for payment of their said Debts and that such permission of such Prisoners to go out of Prison upon Bail for the Cause aforesaid shall not be adjudged to be any Escape And it is lastly hereby Ordained That the said Act for relief of Creditors and poor Prisoners and this present Ordinance for Explanation thereof shall continue in force until the fifth day of October One thousand six hundred fifty four and no longer Provided alwaies That neither the said Act Entituled An Act for relief of Creditors and poor Prisoners nor this present Ordinance nor any thing therein contained shall extend nor be construed to extend to impower the Iudges aforesaid to examine impeach or avoid any Execution Iudgement or Decree had and obtained against such Prisoner or other person herein intended save only so far as to examine what is due thereupon Provided also That this Ordinance or any thing therein contained shall not extend or be construed to extend to impower the Iudges aforesaid to make Sale of any the Lands formerly by the said Act Entituled An Act for Relief of Creditors and poor Prisoners exempted from Sale Fryday June 9. 1654. ORdered by his Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council