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cause_n action_n case_n plaintiff_n 2,023 5 10.6900 5 true
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B09030 Anno Regni Caroli II regis Angliæ, Scotiæ, Franciæ & Hiberniæ, vicesimo secundo & vicesimo tertio at the Parliament begun at Westminster the eighth day of May, Anno Dom. 1661. In the thirteenth year of the regin of our most gracious sovereign Lord Charles by the grace of God, of England, Scotland, France and Ireland King, defender of the faith, &c., and there continued by several prorogations, to the fourteenth day of February 1669/70, and thence continued to the 22th of April 1671 on which day the said Parliament was prorogued to the 16th day of April which shall be in the year 1672. England and Wales. Laws, statutes, etc.; England and Wales. Parliament. 1690 (1690) Wing E1120A; ESTC R175040 11,659 17

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moiety of the overplus shall go towards the payment of his Debts for which he remains in Execution the other Moiety shall be paid to the hauds of the said Prisoner the said Moieties to be distributed accordingly by the two next Iustices of the Peace And be it further Enacted That after any person shall by virtue of this Act have continued at any Workhouse by the space of Two years he is then to be Discharged from his Imprisonment and enjoy the full Benefit of this Law And be it Enacted That any Iudge of such Court whereto such Debtor is a Prisoner or the two next Iustices of the Peace to such Workhouse shall and may have power to commit such Debtor being brought before him or them by Habeas Corpus or Order under the Hands and Seals of two such Iustices unto any Workhouse within the County where such Prison is there to remain according to this Act. Provided always and be it Enacted That if any Prisoner that shall be Released by virtue of this Act shall at any time afterwards be found or suspected by any of his Creditors 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 or the said former Act to have other then such Goods in his Shop or Work-house as he shall have been Credited or Trusted with since the time of his Discharge and for what he shall be really Indebted at the time of his making such Oath and he or she will not or do not upon convenient 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 tendred to him or her again by any Iustice of the Peace in this Act before Impowered to Administer the said Oath for Discharge or Prisoners or by any Iudge of the Court wherein there is Iudgment against him which he or she refusing to take 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 committed before the said Nine and twentieth day of May One thousand six hundred seventy and eight Provided that such person or persons as is or are detained in Prison upon any Mean Process if it shall be desired by any Creditor before any Iustice of the Peace to whom such Prisoner hath applied 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 Mean-Process Issued and to receive a Declaration at the Plaintiffs Suit 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 Mean Process and against any Iudgment or Execution that shall be had against him in that Suit and against any other Suit 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 been Charged in Execution at the said Plaintiffs Suit before the Nine and twentieth of May One thousand six hundred seventy and eight but such Prisoner upon Mean-Process shall in case of his refusal to give such Warrant of Attorney lose the whole Benefit of this Law Provided always That no Merchant Stranger or other Alien or Foreigner that hath been Arrested and is in Prison on any Action or Suit for or by reason of any Debt or other Engagement Contracted or Entred into beyond the Seas shall have any Benefit by this Act but that all and every such Merchant Stranger or other Alien or Foreigner shall and may be detained in Prison and proceeded against as it this Act had never been made Provided always That no Prisoner shall be Discharged by virtue of this Act until he shall before the Iustices of the Peace who are by this Act Impowered to Discharge him Declare upon his Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Effects are belonging to him or what Debt or Debts are then owing to him within any of His Majesties 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 Sessions there to be kept for the better Information of the Creditors 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 overplus their own Debts and Charges first deducted to the Prisoner Provided always and to deter all persons who are by the Charitable intention of this Act to be Relieved from abusing the Favour hereby to them intended That if any person who shall in pursuance of this Act take this Oath for any of the purposes hereby appointed shall Forswear or Perjure himself Then such person being thereof lawfully Convicted shall beyond and over and above the Penalties which may by the Law now in being be Indicted suffer Imprisonment for the space of Seven years without Bail or Mainprise FINIS