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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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Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae Vicesimo secundo vicesimo tertio At the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign 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. HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT LONDON Printed by Charles Bill and Thomas Newcomb Printers to the King and Queens most Excellent Majesties MDCXC Anno XXII XXIII CAROLI II. REGIS An Act for the Relief and Release of Poor Distressed Prisoners for Debt FOrasmuch as very many Persons now Detained in Prison are miserably Impoverished either by reason of the late unhappy Times the sad and dreadful Fire their own Misfortunes or otherwise so as they are totally disabled to give any Satisfaction to their Creditors and so become without Advantage to any a Charge and Burthen to the Kingdom and by Noisomness inseparably incident to extream Poverty may become the occasion of Pestilence and Contagious Diseases to the great Prejudice of the Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same 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 England Dominion of Wales or Town of Berwick upon Tweed by Warrant under his Hand and Seal to require the Sheriff Goaler or Keeper of any Prison within his respective Iurisdiction to bring without delay the Body of any Person being in Prison for Debt on the Fourteenth day of April One thousand six hundred seventy and one or Damages and 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 Keeper is hereby commanded to obey And in case such Prisoner coming before such Iustice shall take an Oath to this effect Viz. I A. B. do upon my Corporal Oath Solemnly Profess and Declare before Almighty God That I have not any Estate Real or Personal in Possession Reversion or Remainder of the Value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned And that I have not directly or indirectly Sold Leased or otherwise Conveyed Disposed of or Entrusted all or any Part of my Estate thereby to Secure the same to receive or expect any Profit or Advantage thereof or Defraud or Deceive any Creditor or Creditors whatsoever to whom I stand Indebted Then after the taking of such Oath the said Iustice shall Remand the Prisoner to Prison and shall give a Certificate there of in Writing under his Hand and Seal to the same Prisoner to be served upon such Person or Persons his or her Executors or Administrators or to be left at the place of the usual abode of such Person or Persons at whose Suit 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 holden for the same County City Town or Liberty When if it shall appear upon Oath which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left Fourty days or more before the said Sessions And that the said Oath taken by the said Prisoner 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 direct there Warrant under their Hands and Seals commanding the said Sheriff Goaler or Keeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fee or Chamber-Rent which Warrant shall be a sufficient Discharge to the same Sheriff Goaler or Keeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise Provided also and be it Enacted by the Authority aforesaid Tha● when such Prisoner or Prisoners for Debt shall have Legally taken the said Oath in this Act proposed to be taken and shall have duly Summoned his or their Creditor or Creditors And after the said Fourty days time if the said Creditor or Creditors shall make no Discovery of his her or their Estates nor disprove nor detect the said Prisoner or Prisoners of Forswearing themselves That then if such Creditor or Creditors will not be satisfied therewith that the said Prisoner or Prisoners may be set at Liberty or will insist to have the said Prisoner continued in Goal That then the said Creditor or Creditors shall at his and their own proper Costs and Charges allow and pay Weekly a reasonable Maintenance to the said Prisoner or Prisoners such as the said Commissioners of the Peace or any Three of them in their respective Divisions shall order and appoint not exceeding Eighteen pence a Week and upon Nonpayment of the same Weekly the said Prisoner or Prisoners shall be set at Liberty according to the true intent and meaning of this Act. And be it further Enacted by the Authority aforesaid That upon any Action of Escape or other Suit brought or to be brought against any Sheriff Goaler or Keeper of any such Prison or other Officer or Person for any thing done in Obedience to this Act it shall and may be lawful to and forsuch Sheriff Goaler or Keeper of Prison or other Officer or Person to Plead the General Issue and give this Act in Evidence which shall be a good and sufficient Discharge and shall save harmless every such Sheriff Goaler or Keeper of Prison Pleading the same And if the Plaintiff in any such Action shall be Nonsuited or Verdict pass against him the Defendant shall have double Costs to be Taxed by the Court where such Action shall be brought Provided always and be it further Enacted by the Authority aforesaid That notwithstanding the Discharge of the Person of such Prisoner as aforesaid upon taking the Oath aforesaid all and every Iudgment had and taken against him or her shall be and stand good and eff●ctual in the Law to all intents and purposes against the Lands Tenements Hereditaments Goods and Chattels only of the said Prisoner so Discharged as aforesaid And it