and thenceforth until the end of the then next session of continued. 57 Geo.3. c. 101 parliament. E. & W. must swear to money. P. 200. 1. 26. It is a provision of the 43 Geo. 3. c. 18, Persons apply. E. which should have been here noticed, that in case of any ing to be discharged, for deapplication to any of his majesty's courts in [*Westmin- fect in affidavit ster hall,] by any person who has been or shall be held to to hold to bail, special bail by virtue of any process out of such courts, to be tender in bank notes, or partly discharged upon common bail, by reason of any defect in in bank notes such part of the affidavit on which he is so held to bail and partly in as negatives, or is intended to negative, any offer having 43 Geo.3, c.18, been made to pay the sum in such affidavit mentioned in E. notes of the governor and company of the bank of [*England,] the person making such application shall not be entitled to such discharge, unless he shall at the same time make proof by affidavit, that the whole sum of money for which he has been held to bail had been, or was, before such holding to bail, offered to be paid either wholly in such notes, or partly in such notes, and partly in lawful money of this kingdom. And the 43 Geo. 3. 43 Geo.3, c.41. c. 44. I. contains a similar provision with respect to Ire- s. 2. I. landt. grant commissi P. 205. 1. 24. The 55 Geo. 3. c. 157. I. provides (s. 9.) Courts of K, LA that the courts of king's bench and commons pleas in Ire- and C. B. in land, respectively, shall have the same powers of granting Ireland, may commissions for taking affidavits in all parts of Great ons for taking Britain, as the said courts now have in Ireland; and every Great Britain. affidavits in person wilfully swearing falsely in any affidavit to be made 55 Geo.3.c.157. before any person who shall be empowered to take affidavits under the authority aforesaid, shall be deemed guilty of perjury, and be liable to the same pains and penalties as if such persons had wilfully sworn falsely in the open court, wherein the suit, in which such affidavit was so taken, at such time depended. P. 206. l. 1. For facilitating the progress of business in the court of king's bench in Westminster Hall, the es of K. B. may *Ireland" in 43 Geo. 3. c. 44. I.. One of the judg 57 sit apart for These acts amend and continue the restrictions contained in several former acts on payments of cash by the banks of England and Ireland respect❤ ively. And the 57 Geo. 3. c. 48. I. contiques, until 3 months after the ceasing of any restriction imposed on the bank of England from issuing cash in payment, the several acts (of which the 56 Geo. 5. c. 40. was then the last) for confirming and continuing the restrictions on payments in cash by the bank of Ireland. adding and justifying special bail. 57 Geo.5.c.11. E. Bail bonds and replevin bonds may be assigned 57 Geo. 3. c. 11. E. provides, that it shall be lawful for any one of the judges of said court, when occasion shall so require, to sit apart from the other judges of the same court, in some place in or near to Westminster Hall, for the business of adding and justifying special bail in causes depending in the same court, whilst others of the judges of said court are at the same time proceeding in the dispatch of the other business of said court in bank, in its usual place of sitting for that purpose in Westminster Hall; and the proceedings so had by and before such one of the judges so sitting apart for those purposes shall be as effectual, to all intents, as if the same were had before the court assembled and sitting as usual in its ordinary place of sitting in Westminster Hall. P. 206. l. 17. It may be proper here to refer to the clause (s. 102.) of the stamp act 56 Geo. 3. c. 56. I. without stamp. which provides, that if any person shall be arrested by vir56 Geo-3. c. 56. tue of any writ or process of any of his majesty's superior $ 102. I, courts of record in Dublin, at the suit of any common person, and the sheriff or other officer shall take bail for such person, such sheriff, c. at the request and cost of the plaintiff, or of his lawful attorney, shall duly assign to the plaintiff the bail bond or other security taken from such bail, by indorsement according to law, without any stamp in respect of such assignment; and also so often as it shall become necessary for any sheriff, or other of ficer in Ireland having authority to grant replevins, to assign any bail bond of any plaintiff in replevin to the avowant or defendant in such action, such assignment may be made without any stamp in respect thereof: Provided to be brought that no action shall be brought under any assignment, in thereon, till duly any of the said cases, until the same shall be first duly stamped. stamped with such stamp as shall be then by law required by such assignment; and the said several assignments shall, on application at the stamp offiee in Dublin, at any time before action brought thereupon, be duly stamped in such manner as shall be then required by law, without payment of any penalty or other sum, save only the duty which shall be then payable thereon. But no action Of Execution. ed to appoint a to be called vent debtors." 53 Geo.3.c.102. E. tody upon pro P. 295. l. 8. to P. 307. l. 23. To make a permanent King empowerprovision for the relief of insolvent debtors, under certain barrister to prerestrictions, the 53 Geo. 3. c. 102. E. enacts, that [* it side in a court shall be lawful for his majesty to appoint a fit person," The court for being a barrister of 6 years standing at the least, to be relief of insolhis majesty's commissioner for the relief of insolvent debtors, and to preside in a court to be called "The court for the relief of insolvent debtors," which shall be a court of record for the purposes of this act, and so soon as the appointment shall be notified in the London Gazette, such court shall be deemed to be fully established; and thereupon,] it shall be lawful for every person who shall be a prisoner in any prison in [+England,] upon any process issuing from any court whatsoever, by reason of Persons in cusany debt, damage, costs, sum or sums of money, or con- cess for debt, &c. tempt for non-payment of money, and who shall have during 3 calenbeen in actual custody upon some process for some or one of the said debts or demands, during 8 calendar months said court to be or more, to apply by petition in a summary way [* to the court to be established by virtue of this act,] for his discharge from such confinement; and in such petition state. such prisoner shall state the prison wherein he shall be then confined, the time when he was first charged in custody, or received in prison, upon some process on which he shall be then detained in prison, together with the name or names of the person or person at whose suit or prosecution such prisoner shall, at the time of presenting such petition, be detained in prison, and the amount No such court is established by the 53 Geo. 3. c. 138. I. post, which provides, instead thereof, that the petition shall be presented" to the court from whence the process issued:" and this statute specially provides (s. 2.) for the case where the person shall be confined under the process of 2 or more courts. ↑ “ Ireland,” in 53 Geo. 3. c. 138. In dar months, may apply to discharged. Petition what to petition petitioner to as amount of the debts or sums of money for which he shall be so detained; and shall pray to be discharged from custody upon all such process, and to have future liberty Prayer of such of his person against the demands for which he shall be then in custody, and against the demands of all other persons who shall be named as creditors, or as claiming to be his creditors, in the schedule to such petition; and Undertaking of such prisoner shall by such petition offer to convey, assign his proper sign, and deliver to such person or persons as the court ty for creditors: shall direct, for the payment of such debts, &c. all such property as he shall possess or have in his power, as herein-after expressed; the wearing apparel and bedding for such prisoner and his family, and working tools and necessary implements for his occupation or calling, and other small necessaries, not exceeding in the whole the value of [£20.] only excepted; and shall also offer to engage to pay And to pay any so much of all such debts, &c. as shall be justly due by balance notwith him to such creditors, and as shall not be discharged by standing his discharge. Schedule to pe tition what to contain. means of the property so to be conveyed, &c. in case he shall, at any time thereafter, become possessed of sufficient means for such purpose; to which petition shall be annexed a schedule containing a full and true description of every person to whom such prisoner shall then be indebted, or who, to his knowledge or belief, shall claim to be his creditor, with the nature and amount of such debts and claims respectively, and of every security for the same respectively, distinguishing such debts, &c. as shall be admitted from such as shall be disputed by such prisoner; and also a full, just, true and perfect account and discovery of all the estates and effects, real and personal, in possession, reversion, remainder or expectancy, of every kind, which such prisoner, or any other person in trust for him, or for his benefit, in any manner, shall have been or shall be seised or possessed of, or interested in or entitled unto, or which such prisoner, or any person in trust for him, or for his benefit, shall have had or shall have any power to dispose of or charge for the benefit of such prisoner when he was first committed to prison, or charged in custody for any of the debts, &c. for which he shall then be detained in custody, or at any time subsequent £10, in 53 Geo. 3, c, 138, I, sequent to that time, before and on the day on which the truth of such schedule shall be sworn to by such prisoner as herein directed; together with a full, just, true and perfect account of all debts at such time owing to such prisoner, or to any person in trust for him, or for his be nefit, either solely or jointly with any other person or persons, and the names and places of abode of the several persons from whom such debt shall be or shall have been due or owing, and of the witnesses who can prove such debts as shall remain due, (if any such there be,) so far as such prisoner can set forth the same, and in what manner any such estates or effects, real or personal, of such prisoner shall have been applied or disposed of since the time when he shall have been so first committed to prison or charged in custody as aforesaid; and which of such estates, &c. or any of them, shall have been in any manner conveyed, assigned, disposed of, charged or incumbered, and when and in what manner, and for what consideration, and to whom, and for whose benefit, and which of such estates and effects shall, at the time of swearing to such schedule, be applicable to the discharge of the demands of his creditors; and such schedule shall also fully and truly describe the wearing apparel and bedding of such prisoner and of his family, and the working tools and implements, and other small necessaries intended to be excepted by him from the assignment proposed by his said petition, together with the values of such excepted articles respectively; and such prisoner shall make oath of the truth of such petition and schedule to the following effect, or with such variations, according to special circumstances, as shall be consistent with the provisions of this act: "I A. B. upon my corporal oath, in the pre- Form of oath verifying peti"sence of Almighty God, do solemnly swear and declare, tion and sche"that on the "really and truly a prisoner in the actual custody of day of in the prison or gaol of for the sum of I was "[as the case may be], without any fraud or collusion VOL. 11. 2 G dule. |