1738: 11 George 2 c.9: Extending the 1737 Relief Act

1738: 11 George 2 c.9: An Act for the Relief of such Prisoners for Debt as have by unavoidable Accidents lost the Benefit of an act passed in the last Session of Parliament, intituled, An Act for Relief of Insolvent Debtors; and for the Indemnity of such Sheriffs and Gaolers as have incurred any Penalties on Account of such Prisoners not being discharged; and for extending the Benefit of the said Act to Creditors, whose Debtors were committed to Prison since the First Day of January, One thousand seven hundred and thirty six, and have chose to continue there.

[Preamble.]

Whereas by an Act passed in the last Session of Parliament, intitled, An Act for Relief of Insolvent Debtors; it was (amongst other Things) enacted, That the respective Sheriffs, Gaolers, and Keepers of Prisons, in the said Act mentioned, should and were thereby required to take and make Lists of the Prisoners who on the First Day of January, One thousand seven hundred and thirty six, were in their Custody; and to deliver the same to the Justices, in the Manner, at the Time, and for the Purposes therein mentioned; and that thereupon such Prisoners should be discharged, on the Terms in the said Act prescribed: And whereas, some Persons who were Prisoners on the said First Day of January, One thousand seven hundred and thirty sic, within the Description, true Intent, and Meaning of the said Act, and as such were intitled to the Benefit thereby intended them, have been deprived of such Benefit, either by or through the Neglect or Omission of the Sheriff or Sheriffs, Gaoler, or Keeper of such Prison or Prisons, wherein such Person or Persons was and were respectively confined, or by means of some Accident or Surprize, by not making or not delivering a List or Lists of the Name or Names of all and every such Person or Persons (being then a Prisoner or Prisoners) to the Justices within the Time, and in such Manner, in that Behalf, as in and by the said recited Act is required, whereby the Prisoners intitled to Relief under the said Act were and are wholly deprived of the Benefit thereof; and such Sheriffs, Gaolers, and Keepers of Prisons, may also, on Account of such Neglect, Omission, Accident, or Surprize, be in Danger of incurring divers Penalties, and liable to Prosecutions and Actions; for Relief and Remedy whereof, be it enacted by the King’s 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 the Authority of the same,

[Sheriffs, &c to make a List of prisoners,]

That all and every Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of any Prison or Prisons, who were required by the said Act to make and deliver the said Lists in any County, Riding, Division, City, Town, or Liberty, within this Kingdom respectively, where such Neglect, Omission, Accident, or Surprize, as aforesaid, hath or have happened, shall and he and they is and are hereby respectively impowered and required to take and make a true, exact, and perfect List alphabetically, of the Name and Names of all and every Person and Persons, who upon the said First Day [of] January, One thousand seven hundred and thirty six, was or were actually Prisoner or Prisoners in the Custody of any such Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of any Prison respectively, for such Cause or Causes as in the said recited Act is and are mentioned; and of the Time when such Prisoner or Prisoners was or were detained,

[and deliver it to the Sessions, &c.]

and shall deliver the same to the Justices at their first General or Quarter Sessions of the Peace, to be held after the Twenty fourth Day of June, in the Year of our Lord One thousand seven hundred and thirty eight, for such County, Riding, Division, City, Town, or Liberty respectively; and shall in open Court take an Oath to the Effect in the said Act mentioned, which Oath shall be administered or written at the End or Bottom of every such List, to be delivered in pursuance of the said former, and this present Act, and subscribed in open Court; and such Lists shall be kept by the respective Clerks of the Peace, in such Manner, and for the like Purposes, as in the said Act is and are mentioned; and the said Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of any such Prison, shall and they are hereby respectively required to fix up such Lists in such Manner as in the said Act is mentioned, Ten Days before the said Sessions; and shall do and perform all and every other Matters and Things, Matter and Thing, according to and in conformity with the Rules and Directions required in and by the said Act; and in Default thereof shall be liable to all the Penalties imposed by the said Act, to be levied and recovered respectively in such Manner as is therein mentioned; and the present Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of the Prisons before mentioned, is and are hereby required to be aiding and assisting in all Things necessary to the Sheriff and Sheriffs, Gaoler and Gaolers, Keeper and Keepers, which they shall respectively succeed, and who have omitted to make or deliver such Lists, as aforesaid.

[Prisoners intitled to a Discharge by the late Debtors Act, to be released,]

II. And be it further enacted, That all and every Person and Persons who was or were for any of the Causes mentioned in the said recited Act confined on the First Day of January, One thousand seven hundred and thirty six, and are intitled to his, her, or their Discharge, and ought by Virtue, and according to the true Intent and Meaning of the said Act, to be relieved in pursuance thereof, and who by reason of any such Neglect or Omission as aforesaid have been respectively deprived of such intended Benefit; such Person and Persons making, as they are hereby required, such Oath as is mentioned and set forth in the said Act, and in every other respect conforming to and with the Rules and Directions thereof (not altered or varied by this present Act) and subject to the same Penalties, Restrictions, Directions, Conditions, Provisions, and Terms mentioned and directed by the said Act, as well with regard to his or their Estate and Effects, which is and are hereby vested in the several Clerks of the Peace for the Counties, Ridings, Divisions, Cities, Towns, and Liberties respectively, as in all other Respects, in like Manner, and for the like Purposes, as in and by the said Act is and are mentioned; and the Prisoners aforesaid, being in actual Custody upon he First Day of January, One thousand seven hundred and thirty six, and who were intitled to their Discharge within the Intent and Meaning of the said former Act, shall and may respectively be released and discharged from their Imprisonment; any thing in the said former Act contained to the contrary thereof notwithstanding.

[by the Justices, after 24 June, 1738.]

III. And be it further enacted by the Authority aforesaid, that it shall and may be lawful for any Justice or Justices of any County, Riding, Division, City, Town, or Liberty respectively within this Kingdom, where such Omission or Neglect, Accident or Surprize, shall have happened; and the said Justice or Justices are hereby impowered and authorized, to proceed towards the Discharge of the said Prisoner or Prisoners, after the Twenty fourth Day of June, One thousand seven hundred and thirty eight, in pursuance of and agreeable to the Rules and Directions of the said recited Act (not altered or varied by this present Act) And all such Sheriff or Sheriffs, Gaoler or Gaolers, Keeper of Keepers of any Prison or Prisons respectively, in whose Custody or Custodies such Prisoner or Prisoners is and are, and who is and are intended to be discharged by this Act, are by the Authority aforesaid hereby commanded and required to observe and obey the legal Commands of the said Justice and Justices, and particularly to to do and perform all and every other Things and Thing agreeable to, in Consequence of, and in Conformity with the Rules and Directions of the said recited Act, on his and their Part and Parts, and Behalfs, to be done and performed, and not by this Act varied or altered.

[Sheriff, &c Trespassers against the former Act, indemnified, if they conform to this Act.]

IV. And be it further enacted, That all and every Person or Persons, Sheriff or Sheriffs, Gaoler or Gaolers, Keeper or Keepers of any Prison or Prisons, who hath or have omitted or neglected to make or deliver the said Lists, as required by the said recited Act, and shall in Conformity to this Act do and perform what is hereby directed and prescribed; shall be and he and they are hereby indemnified, freed, and discharged, notwithstanding such Omission or Neglect as aforesaid, of, against, and from all Forfeitures and Penalties, Actions and Damages, incurred or accrued for or by Reason of any such Neglect, Omission, Accident, or Surprize; and such Person and Persons is, are, and shall be recapacitated and restored in and to the same Condition as he or they was or were before such Neglect, Omission, Accident, or Surprize.

[Proviso.]

V. Provided always, That nothing in this Act contained shall in any Respect extend, or be construed to extend, to relieve any Prisoner or Prisoners whatsoever excepted out or excluded the Benefit of the said former Act, or to give any further or other Relief to such Prisoners as are mentioned or described in the said recited Act, than such Relief as is herein before mentioned by Reason of the Neglect, Omission, Accident, or Surprize only as aforesaid; nor shall any thing in this Act extend to indemnify or discharge any Sheriff or Sheriffs, Gaoler or Gaolers, or Keeper of any Prison, described within the Meaning of the said recited Act, against whom any Penalty has already been recovered or levied in pursuance and by virtue of the said recited Act, or by the Judgement of any Court of Law in Respect of such Neglect, Omission, Accident, or Surprize, as aforesaid.

[Clause in Favour of Creditors.]

VI. And be if further enacted by the Authority aforesaid, That every Debtor who hath been committed to Prison since the First Day of January, One thousand seven hundred and thirty, and was detained in Prison upon the First Day of January, One thousand seven hundred and thirty six, and who hath continued to be detained, be compelled to deliver up his or her Estate and Effects to his or her Creditors, in the Form and Manner as by the said recited Act is required and provided, at the Request of any Creditor or Creditors at whose Suit such Debtor hath been charged in Custody since the said First Day of January, One thousand seven hundred and thirty six.

Source: Baskett’s Statutes At Large, vol 7, 1762.