to the gaoler, or any other perfon, touching any of the matters prefcribed to be sworn to.

The prifoner's oath not being difproved, the court is to difcharge him, upon paying a fee of 18. to the gaoler. An order for which fhall indemnify the gaoler for the elcape.

The eftate and effects of the prifoner, upon his difcharge, are to veft in the clerk of the peace, who is to make over the fame to the affignees, named by the court, for which he is to be paid 2s. and no

more.

Affignees are empowered to fue and execute any truft or power in the prifoner's behalf, and give difcharges. They are alfo to get in, with all speed, the eftate and effects of the prifoner, and make fale, within two months, of the prisoner's real estate, in manner agreed upon at a meeting of the creditors fummoned for that purpose: and make a dividend within three months; firft making up their accounts, and verifying the fame upon oath.

Thirty days notice is to be given of making any dividends, and none to receive any fhare thereof but fuch as fhall prove their debts. Debts entered, to be examined into and determined by the

court.

The furplus of the prifoner's eftate, after fatisfying all claims thereon, is to go to the prifoner.

No fuit in equity is to be commenced, but by confent of the majority, in value, of the creditors. The clerk of the peace to exhibit to the creditor, or his attorney, upon payment of 1s. the schedule of the prifoner's eftate and effects;

an attefted copy thereof is to be granted, which fhall be evidence in all courts. The clerk of the peace refusing to produce fuch fchedule, or to deliver a copy thereof, or taking exorbitant fees for the fame, forfeits 10l. and treble cofts; one moiety to the profecutor, and the other to the poor of the parish.

Affignees of copyhold and 'cuftomary eftates to compound with the lord of the manor, and to be admitted tenants thereupon.

The prifoner's &c. right and intereft only to be affected by this act.

Effects on the premises, where rent is due, are to be transferred to the landlord, and not made over to the affignees, unless they fhall agree to fatisfy the landlord.

All mortgages, ftatutes, recognizances, and judgments, are to take place, preferable to claims of an inferior nature.

A power is vested in the prifoner of leafing lands, &c. to veft in the affignees.

The acting gaoler at the time of delivering the lifts fhall only be liable to be fworn.

The court, if required by a creditor oppofing the prifoner's dif charge, is to adminifter an oath to the gaoler, that there is no fraud or collufion practised by him, or any other perfon whatever, but that he produced to the court a true copy of the cause of fuch detainer or commitment.

If fuch perfon fhall not have been the gaoler on Jan. 1, 1765, &c. then another oath is to be adminiftered to him. The court, if required by a creditor, may fummon the perfon who acted as gaoler on Jan. 1, 1765, or fince, and ex

amine him touching the commitment and continuance in cuftody of the prisoner.

Any gaoler difobeying the warrant or order of the court, &c. forfeits 100l. with treble cofts.

Debtors who were beyond the feas on Jan. 1, 1765, furrender. ing themselves, may take the benefit of this act upon the fame terms as other prifoners; excepting fuch particulars wherein the cafes both differ.

The fugitive's oath contains a declaration that he was actually abroad on the firft day of January 1765; and the reft of it, touching the furrendering up his effects, is the fame as that of other prifoners before mentioned.

The gaoler and printer of the Gazette, or other news-paper, not complying with the regulations of this act, forfeit 100l. to the prifoners, with treble cofts of fuit.

Any gaoler convicted of perjury forfeits 500l. with full cofts of fuit, &c. One moiety to go One moiety to go to the informer, and the other towards fatisfying the debts of the creditors.

The clerk of the peace refufing the prisoner a copy of his discharge, or taking exorbitant fees for the fame, or for afligning over the prifoner's eftate and effects, forfeits zol. to the prisoner.

Any prifoner convicted of perjury to fuffer as a felon.

Perfons discharged by this act not liable to arrests for debts, &c. contracted before January 1, 1765.

Juftices, fheriffs, and gaolers, may plead this act to any action of efcape, or fuit brought against them, and recover treble cofts,

Perfons difcharged may plead generally, &c. to all actions or judgments brought against them before January 1, 1765, &c. and in other fuits may plead in difcharge of their perfons from excution.

Plaintiff may reply generally, &c. but if nonfuited is to pay treble cofts.

Bankrupts not obtaining their certificate in due time, are excluded from the benefit of this act.

Attornies embezzling, &c. clients money or effects, excluded the benefit of this act.

Gaoler to permit the speaking in private to prifoners, whole names are inferted in the lift, or Gazette, &c. and the examining the original books of entries, &c. on penalty of 40l. with cofts of fuit.

Any prifoner's future eftate and effects, notwithstanding his perfonal discharge, liable to creditors; wearing apparel, bedding, and working tools, &c. not exceeding Iol. value, excepted.

Any creditor may fue for the recovery of debt due at the time of the prifoner's difcharge, but not hold the prifoner to fpecial bail, nor take his perfon, wearing apparel, bedding, or tools, in judgment; and no advantage is to be taken of the caufe of action not accruing within three years, nor of the ftatute of limitation, except fuch fuit did not accrue within three years after fuch prifoner's discharge.

The discharge of a prifoner no acquittal of the co-partner or fureties.

Any gaoler making falfe entries in the prifon book, or lift, forfeits 500l.

gool. with treble cofts, over and above all other penalties for fuch fraud.

or

Any prifoner refufing to declare the abode, &c. of the perfon at whofe fuit he is detained, to come to the creditor in the lodge, is excluded the benefit of this act.

Juftices for the counties of York and Lincoln, to meet at the county gaols, &c. for discharge of prifoners.

Those who are prifoners for their fees, or other demands of the gaoler or officer, to be difcharged.

Debtors to the crown, and pri foners who owe above 1000l. to one perfon, unless the creditors confent, are excluded the benefit of this act. Any creditor oppofing a prifoner's difcharge, to allow him 3s. 6d. per week, on non-payment of which the prifoner to be difcharged, which discharges are to be obtained by August 1, 1767.

Perfons feifed of an eftate tail, claiming the benefit of this act, are to deliver up the fame to the creditors.

Affignees may apply for further examination of the prifoner, touching the difcovery of his effects, &c. and juftices may fend for and examine the prifoner accordingly.

Any perfon refufing to appear, or to answer upon oath, may be committed.

Twenty pounds per cent. allowed on difcovering, within 12 months, any part of the prisoner's eftate not returned in the fchedule.

A difcharge obtained fraudulently, void.

Perfons concealing any eftate or effects of the prifoner, forfeit 100l.

and double value, with treble cofts of fuit.

Affignees, with confent of the majority in value of the creditors, may compound for debts due to the prisoner's eftate; and may submit any difpute relating thereto to arbitration; or otherwife may fettle and agree the fame as they shall think fit.

Affignees may be petitioned against for infufficiency, fraud, mifmanagement, or other mifbehaviour; the court thereupon is to fummon the parties, and make fuch orders therein as they fhall think fit.

Where mutual credit has been given, the balance to be ftated and allowed.

Those who are prifoners upon procefs out of the courts of confcience, to have the benefit of this act.

Quakers affirmation to be taken in lieu of an oath.

Perfons who took the benefit of the act of George III. excluded.

This act not to extend to Scotland.

tual to deter divers loofe, idle, and diforderly perfons, from stealing, taking away, or deftroying, the fish therein bred and preserved; it is therefore enacted, that in case any perfon or perfons, from and after the first day of June 1765, fhall enter into any park or paddock, fenced in and inclosed, or into any garden, orchard, or yard, adjoining or belonging to any dwelling-houfe, in or through which park or paddock, garden, orchard, or yard, any river or ftream of water fhall run or be, or wherein shall be any river, stream, pond, pool, moat, ftew, or other water, or by any means, ways, or device whatsoever, fhall fteal, take, kill, or deftroy any fifh therein, without the confent of the owner or owners thereof, or fhall be aiding or affifting therein; or knowingly fhall receive, or buy fuch fish; and being thereof indicted within fix calendar months next after fuch offence or offences fhall have been committed, are, upon conviction, to be tranfported for feven years.

Any offender making a difcovery of, and convicting his accomplices, is intitled to a pardon.

Perfons alfo convicted of taking or deftroying, &c. fish in rivers or other waters, in any other inclofed ground which fhall be private property, are to forfeit to the owner of the fishery 51. On complaint of the offence, any one or more of his majesty's juftices of the peace fhall iffue his or their warrant for apprehending the offender, and the penalty is to be paid down upon conviction; otherwife the of

fender is to be committed to the houfe of correction for fix months, or an action may be brought for the penalty in any of the courts at Westminster, within fix months after the offence.

None are liable to forfeit for taking fish in any river, wherein they have a just right or claim.

this

And whereas there are many thoufand acres of land in kingdom, altogether unfit for cultivation, and yet the fame are capable of rendering great profit, by the breeding and maintaining conies, as well to the owners of fuch lands, as to a multitude of induftrious manufacturers, who gain their livelihood by working up coney-wool; it is likewife provided by this act, that perfons convicted of entering warrens in the night-time, taking or killing conies there, or aiding or affifting therein, may be punished by tranfportation for feven years, or fuffer fuch other leffer punishment, by whipping, fine, or imprisonment, as the court before whom they fhall be tried fhall difcretionally award and direct.

Perfons convicted on this act, are not liable to be convicted under any former act.

This act is not to extend to the deftroying of conies in the day time, on the fea and river banks in the county of Lincoln, upon account of the great mifchief and damage occafioned by the increase of conies upon the fea and river banks in the faid county; and no fatisfaction is to be made for damages on fuch banks, unless they exceed the fum of one fhilling.

Abftrad