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A87307
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An Act for the relief and release of poor distressed prisoners for debt or dammages
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Ireland.
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1699
(1699)
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Wing I322A; ESTC R232096
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5,486
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14
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the same County or place the space of Ten days before the time of his Discharge of his Intention to receive the Benefit of this Act and of the Way and Course he intended to take for obtaining the same before the time of their Discharge as aforesaid But that upon any Arrest for such Debt Damages or Summs of Money it shall and may be Lawful for them shewing a Duplicate of their Discharges under the Hands and Seals of the Iustices of the Peace by whom they were Discharged or of any Two of them or of such Iustices of the Peace in Case such Prisoner be discharged after an Allowance of Maintenance by the Creditors for Threé Months as aforesaid which the said Iustices are hereby Required to give without Feé to every Prisoner so by them discharged to retain an Attorney to appear for them and File Common Bail to every such Action and Plead thereunto so that the Plantiff if he please may Recover and Enter Iudgment against such Prisoner to be Executed and Levyed upon the Lands Tenements Goods and Chattels of such Prisoner so discharged as aforesaid his or her Wareing Apparel Furniture for his or her Dwelling House the said Furniture and Necessary Tools for his or her Trade and Occupation not exceéding Five pounds in Value only Excepted but not upon the person or persons of the Prisoners the persons of such Prisoners being hereby for ever freéd and discharged from Imprisonment for any Debt Trespass upon the Case Duty Summ or Summs of Money or things thereunto relating contracted or due before the time of their Discharge having had Notice as aforesaid And be it further Enacted by the Authority aforesaid That in Case any Sheriff Goaler or Keéper of a Prison shall refuse or delay for Threé days to bring before such Iustice of the Peace or after a Warrant of Discharge delivered to him as aforesaid refuse or neglect to set at Liberty any Prisoner or Prisoners according to the said Order of the Iustice or Iustices of the Peace made in the pursuance of this Act every such Goaler Sheriff or Keéper of Prison shall Forfeit and pay to such Prisoner so detained contrary to such Order the Summ of Twenty pounds to be Recovered by Bill Plaint Sute or Action of Debt in any of His Majesty's Courts of Record wherein no Essoyne Protection or Wager of Law is to be allowed nor more than one Imparlance Granted and shall also be liable and subject to such Fine and Imprisonment for such time not exceéding Two Months as the said Iustices of the Peace shall upon Complaint thereof to them made Order and Award And be it further Enacted by the Authority aforesaid That upon any Action of Escape or other Sute brought or to be brought against any Iustice of the Peace Sheriff Goaler or Keéper of Prison for any thing done in Obedience to this Act it shall and may be Lawful to and for any such Iustice of the Peace Sheriff Goaler and Keéper of Prison to Plead the General Issue and give this Act in Evidence which shall be a Good and Sufficient Discharge and save harmless every such Iustice of the Peace Sheriff Goaler and Keéper of Prison Pleading the same and if the Plantiff in any such Action be Non-Suted or Verdict pass against him the Defendant shall have Double Costs to be Taxed by the Court where such Action is brought Provided always That the Discharge of any person or persons by Virtue of this Act shall not amount unto or be construed to Free or Discharge any other person or persons joyntly or severally bound for or lyable to Answer or Satisfy the said Debt or any part thereof either as Principal or Surety but that such other person or persons shall be lyable to Answer the said Debt and Damages in such manner to all Intents and purposes as they were before the Discharge of such prisoner Provided also That no person by Virtue of this Act shall be discharged out of prison who shall be Charged in Execution with more than the Summ of Fifty pounds to any one person principal Money and Damages Provided always That if any prisoner who shall be released by Virtue of this Act shall at any time afterwards be found or suspected by any Creditor to have in ready Money Goods or Chattels in his own hands and possession or in the hands of any others to his or her use or in Trust for him or her in Value over and above what he or she is allowed by this Act other than such Goods in his Shop or Work-House as he shall have beén Credited and Trusted with since the time of his Discharge and for what he shall be really Indebted at the time of making such Oath and he or she will not or do not upon Covenient demand pay his or her Debt or Debts therewith as far as the same will reach that then and in such Case at the request of any Creditor the said Oath shall be tendered to him or her again by any Iustice of the Peace in this Act before Impowered to Administer the said Oath for Discharge of Prisoners or by any Iudge of the Court wherein there is Iudgment against him when he or she refusing to take the said Oath shall be Remanded to prison in Execution for such Debt or Debts any thing in this Act to the contrary Notwithstanding Provided also That this Act shall not extend to any person or persons in Execution for any Fine on him or her Imposed for any Offence by him or her committed Prodided that such person or persons as is or are detained in Prison upon any Measne Process if it shall be desired by any Creditor before any Iustice of the Peace to whom such Prisoner has applyed for his Discharge shall forthwith give a Warrant to some Attorney to appear or File common Bail for him or them in the Court out of which the said Measne Process issued and to receive a Declaration at the Plantiffs Sute and that such Prisoner shall thereupon have the full Benefit of this Law as to the Liberty of his person against his said Imprisonment upon the said Measne Process and against any Iudgment or Execution that shall be had against him in that Sute and against any other Sute that shall be brought against him for the same matter or cause of Action to all intents and purposes as fully and beneficially as if he had beén charged in Execution at the said Plantiffs Sute before the First Day of August aforesaid but such person in Prison upon Measne Process shall in case of his refusal to give such Warrant of Attorney loose the whole Benefit of this Act. Provided always That no Merchant Stranger or other Alien or Foreigner that hath beén Arrested and is in Prison on any Action or Sute for or by reason of any Debt or other Engagement contracted or Entred into beyond the Seas shall have any Benefit of this Act but that all and every such Merchant Stranger and other Alien and Foreigner shall and may be detained in prison and proceéded against as if this Act had never beén made Provided always That no prisoner shall be Discharged by Virtue of this Act until he shall before the Iustices of Peace who are by this Act impowered to Discharge him declare upon his or her Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Effects are belonging to him or her and what Debt or Debts are then Owing to him or her within any His Majesty's Dominions or elsewhere and by whom and for what Cause and upon what Security of all which a Schedule shall be made in the presence of such Iustices and Subscribed by the Prisoner and shall be by such Iustices returned to the next Quarter-Sessions there to be kept for the better Information of the Creditor of such Prisoner who or such of them as will joyn may thereupon Sue for such Debts or so much thereof as will reasonably satisfie them in the Name of the Prisoner and after the same Recovered and Received to render the Over-plus thereof their own Debts and Charges first Deducted to the Prisoner Provided always and to Deterr all persons who are by the Charitable Intention of this Act to be Relieved from abusing the Favour hereby to them intended Be it Enacted That if any person who shall in pursuance of this Act take his Oath for any the purposes hereby appointed shall Forswear or Perjure him or herself then such person being Lawfully Convicted thereof shall beyond and over and above the Penalties which may by the Law now in being inflicted Suffer Imprisonment for the space of Seaven Years without Bail or Mainprize FINIS
AN ACT FOR THE Relief and Release Of Poor Distressed PRISONERS FOR Debt or Dammages DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on the Blind-Key near Copper-Alley M. DC.XC.IX An ACT for the Relief and Release of poor Distressed Prisoners for Debt or Dammages CHAP. I. FORASMUCH as very many persons now detained in Prison are miserably Impoverished either by reason of the late Vnhappy Rebellion in this Kingdom their own Misfortunes or otherwise so as they are totally Disabled to give any Satisfaction to their Creditors and by being detained in Prison without advantage to any are rendered Vseless and a Burthen to the Kingdom to the great Prejudice thereof Be it therefore Enacted by the Kings Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That all persons who were in Prison upon the First Day of August in the Year of Our Lord God One thousand Six hundred Ninety seaven for Debt or Damages or for or upon any Action or Actions or upon any Mean Process for Debt or other Actions whatsoever which Actions by Prosecution of Law may become Iudgments or who have Iudgments Entred upon Record against them or are Charged in Execution or Imprisoned upon Attachment Debt or upon Outlawries before or after Iudgment for Debt or upon any other Process whatsoever Issuing out of any Court of Law or Equity for the Cause of Debt or Damages or Costs only who shall take the Oath hereafter mentioned shall and may be Released and Discharged from their Imprisonment in such way and manner as is herein and hereafter provided And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for any Iustice of the Peace of any County City Town or Liberty within the Kingdom of Ireland by Warrant under his Hand and Seal to Require the Sheriff Goaler or Keéper of any Prison within his respective Iurisdiction to bring before him without delay the Body of any Person being in Prison for Debt or any other Action as aforesaid on the First Day of August aforesaid and the said person Petitioning such Iustice to be Discharged to some convenient place within the distance of One Mile from the said Prison and shall certifie the Cause and Causes of the Imprisonment before the same Iustice which Warrant every such Sheriff Goaler and Keéper is hereby Commanded to obey And in Case such Prisoner coming before such Iustice shall take an Oath to this effect before the said Iustice I A. B. do upon my Corporal Oath Solemnly Profess and Declare before Almighty God That I am not worth in Lands Money Goods or Stock nor any other Estate Real or Personal in Possession Reversion or Remainder of the value of Five pounds in the whole or sufficient to pay the Debt or Damage for which I am Imprisoned And that I have not directly or indirectly Sold Leased or otherwise Conveyed Disposed of or Intrusted all or any part of my said Money Lands Goods Stock or Estate whereby to secure the same to Receive or expect any profit or advantage thereof or to Defraud or Deceive any Creditor or Creditors whatsoever to whom I am Indebted So help me God c. Which said Oath the said Iustice of the Peace is hereby Impowered and Authorized to Administer that then after the making of such Oath the said Iustice shall Remand the Prisoner to Prison and shall without Feé give a Certificate thereof in writing under his Hand and Seal to the said Prisoner to be served on such person or persons his or their Executors or Administrators or to be left at the place of the usual Abode of such person or persons at whose Sute the Prisoner standeth Charged and Imprisoned thereby appointing as well the said person or persons as the said Prisoner to appear before the Iustices at the next General-Quarter-Sessions of the Peace to be held for the same County City Town or Liberty and when it shall appear upon Oath before the said Iustices which said Oath the said Iustices are hereby Impowered and Authorized to Administer that the said Certificate was so served or left Ten Days or more before the said Sessions and that the said Oath taken by the said Prâ—soner be not disproved by good Testimony of any Credible person or persons upon Oath to be Administred by the said Iustices by Virtue of this Act Then the said Iustices being satisfied therein shall without Feé direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Keéper of the Prison to let at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for the Feés or Chamber-Rent Which Warrant shall be a sufficient Discharge to the said Sheriff Goaler or Keéper of the Prison and no Action of Escape or other Action shall be brought against them or any of them in any wise for the same Provided always That if any Creditor shall insist to have his Debtor continued in Prison after he hath taken the said Oath and will allow him a weékly Maintainance to be appointed by the Iustices of the Peace not exceéding Fourteén pence the Weék that such Prisoner shall be continued in Prison for the space of Threé Months on Payment of the said weekly Allowance as aforesaid which said Money shall be Paid weékly to the said Prisoner himself and not to the Goaler Keéper or any other for him And if within the space of Threé Months after such weékly Allowance by any Creditor no Estate of the Prisoner shall be Discovered or Made out before Two Iustices of the Peace of that County and Division where the said Prisoner is kept in Prison then the said Prisoner shall without Feé be forthwith Discharged by Warrant under the Hands and Seals of any Two Iustices of the Peace of the same County or Division where the said Prisoner shall be so Imprisoned to the Keéper of such Prison in that behalf Directed as fully and amply as if such Prisoner shall be so Imprisoned to the Keéper of such Prison in that behalf directed as fully and amply as if such Prisoner had beén Discharged by Iustices of the Peace at the Quarter-Sessions And that then and from thenceforth the said Weékly Allowance shall cease and determine as if the same had never beén made And be it further Enacted by the Authority aforesaid That no Prisoner Discharged out of Prison by Virtue of this present Act shall at any time hereafter be Imprisoned for or by reason of any Debt or Damages or any Summ or Summs of Money contracted or grown due to or recovered by any person or persons at whose Sute the said Prisoner did stand Charged in any Prison or any other person or persons to whom such Prisoner did give notice under the Hand and Seal of some Iustice of the Peace of