Insolvent Debtors Relief (England) Act 1813
| Jurisdiction | UK Non-devolved |
| Citation | 1813 c. 28 |
(54 Geo. 3) C A P. XXVIII.
[14th December 1813]
'WHEREAS it may promote the beneficial Purposes of an Act, passed in the Fifty third Year of His Majesty's Reign, intituledAn Act for the Relief of Insolvent Debtors in England, and thereby render it unnecessary hereafter to make temporary Laws for the Relief of Insolvent Debtors, if such Provisions should be made, by Law, as are hereinafter enacted, for the Discharge of such Persons confined for Debt, as are hereinafter mentioned, to the Intent that the Number of such Persons shall be thereby so reduced, as to render more effectual the Provisions of the said Act of the Fifty third Year of His Majesty's Reign;' Be it therefore 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, That, from and after the passing of this Act, all and every Keeper or Gaoler of any Prison in any County, Riding, Division, City, Town, Place or Liberty withinEngland , shall and is and are hereby required to make a true, exact and perfect List alphabetically of the Name or Names of all and every Person or Persons who upon the Sixth Day of November One thousand eight hundred and thirteen was or were, and have since continued to be, and at the time of making out every such List shall be really an actual Prisoner or Prisoners in the Custody of any Keeper or Keepers, Gaoler or Gaolers of any Prison respectively, upon any Process whatsoever, for or by reason of any Debt, Damage, Costs, Sum or Sums of Money, or Contempt for Non-payment of Money; and an Account of the time when such Prisoner ✗was or were respectively charged in Custody or received in Prison, together with the Name or Names of the Person or Persons at whose Suit or Prosecution such Prisoner or Prisoners is or are detained, together with the Amount of such Debts as the said Prisoner or Prisonersare detained for; and shall deliver the same to the Justices of the Peace at their First or Second General Quarter Sessions or General Sessions of the Peace, to be held after the passing of this Act, or at some Adjournment thereof, for such County, Riding, City, Division, Town, Place or Liberty respectively.
II Keepers of Prisons to take Oath on delivering Lists.
II. And be it further enacted, That the Warden of His Majesty's Prison of the Fleet, and Marshal of The King's Bench Prison, and every other Keeper and Gaoler of any other Prison in any Place or Liberty inEngland , shall severally, on the delivering in of any such List of Prisoners in their respective Custody, take an Oath in the open Court of such General Quarter Sessions of the Peace, or Adjournment thereof, to the Effect following; that is to say,
'IA.B. upon my corporal Oath, in the Presence of Almighty God, do solemnly swear, profess and declare, That all and every Person and Persons whose Name or Names is or are inserted and contained in the First Part of the List by me now delivered in and subscribed, was or were, to the best of my Knowledge and Belief, upon the Sixth Day of November in the Year of our Lord One thousand eight hundred and thirteen, really
✗Sic.
and truly Prisoners in actual Custody in the Prison of [insert the Name of the Prison ] at the Suit or Suits of the Person or Persons therein respectively mentioned; and also that all and every Person and Persons whose Name or Names is or are inserted or contained in the Second Part of the said List now by me delivered in and subscribed as aforesaid have, since the said Sixth Day of November One thousand eight hundred and thirteen, been committed or surrendered to the said Prison of [insert the Name of the Prison ] at the Suit or Suits of the several Person or Persons therein respectively mentioned; and that the Person or Persons whose Name or Names is or are therein contained, was or were, to the best of my Knowledge and Belief, really and truly Prisoners in actual Custody on the said Sixth Day of November One thousand eight hundred and thirteen, as appears by the Returns made to me on his and their respective CommitmentsSo help me GOD.'
Which the said Justices, at their First or Second General Quarter Sessions or General Sessions of the Peace aforesaid, or at some Adjournment thereof, within their respective Jurisdictions, are hereby empowered and required to administer in open Court; and the Words of the said Oath hereinbefore directed to be taken by the said Warden and Marshal respectively, and other Keeper or Gaoler of any Prison respectively, shall be entered or written at the End or Bottom of the List which shall be delivered in by them respectively, and shall be subscribed and sworn to by them respectively in open Court; and every such Listwhich shall be so delivered in, subscribed and sworn to in pursuance of this Act, shall be kept by the Clerk of the Peace, Town Clerk or other Officer acting as Clerk of the Peace of every such County, City, Town, Place or Liberty respectively in which any such List as aforesaid shall be sworn to, for the better Satisfaction of the said Justices, and Information of all or any Prisoner or Prisoners therein named, and so as the same may from time to time be seen and examined by any Creditor or Creditors, or Prisoner or Prisoners, without Fee or Reward.
III At Request of Creditors, Gaolers examined on Oath at Sessions, touching Commitments.
III. And, in order to discover any fraudulent Entries or Commitments of Prisoners in any Prison or Gaol Books, be it further enacted, That the Justices of any General or Quarter Session or Adjourned Session are hereby authorized, at the Request of any Creditor or Creditors of any Prisoner, to convene before them at some certain time to be appointed by them, any Person or Persons who was or were Keeper or Gaoler, or de puted Keeper or Gaoler of any Prison or Gaol within their respective Jurisdictions, on the said Sixth Day ofNovember One thousand eight hundred and thirteen, or at any time, and examine every such Keeper or Gaoler or deputed Keeper or Gaoler on Oath, touching the Commitment and Continuance in Custody of any such Prisoner, as the Justices at any such General or Quarter Session or Adjourned Sessionshall think fit; and if any Sheriff, Gaoler or Keeper, or deputed Gaoler or Keeper, shall neglect or refuse to bring before any such Justices, at any Session of the Peace or Adjournment thereof, any such Prisoner as shall be directed and required by Warrant of any Justice or Justices as aforesaid, or to attend on being summoned for that Purpose, he shall on Conviction suffer Six Months Imprisonment; or if any Keeper or Gaoler attending shall refuse to make Answer and Discovery in the Premises as shall be reasonably required, at such General or Quarter Sessions or Adjourned Session, he, she or they so offending in the Premises shall, for every such Offence, pay the Sum of Ten Pounds to any Person who shall sue for and recover the same in any of His Majesty's Courtsof Record inWestminster by Action of Debt.
IV Gaoler and Printer of Gazette or Newspaper not complying with Regulations of Act.
IV. And be it further enacted, That if any Keeper or Gaoler of any Prison, or his Deputy or Deputies, shall without just Cause, to be approved of by the Justices at some General Quarter Session or General Session or Adjourned Session of the Peace within their respective Jurisdictions, refuse or delay to bring any such Prisoner or Prisoners as aforesaid to any such General Quarter Session or General Session or Adjourned Session of the Peace, in order to his or her Discharge; or shall neglect, refuse or designedly omit to insert in any such List the Name or Names of any such Prisoner or Prisoners who was or were actually in Custody in his or their respective Prison or Gaol on the said Sixth Day ofNovember One thousand eight hundred and thirteen, or shall neglect or refuse to make out, fix up or deliver such Lists as aforesaid; or if any Keeper or Gaoler, or deputed Keeper or Gaoler shall neglect or refuse to take any of the said Oaths before mentioned, and hereby required to be taken by him, or shall detain any such Prisoner after he or she shall be discharged as aforesaid; or if the Printer of the London Gazette or other Newspaper as aforesaid shall wilfully refuse or neglect to insert therein the Notice by this Act directed to be given, on reasonable Request made to him for that Purpose; every such Keeper and Gaoler of such Prison and Prisons, his Deputy or Deputies, and every such Printer as aforesaid, shall respectively forfeit and pay to such Prisoner, in every such case injured, the Sum of Onehundred Pounds, which shall and may be recovered with Treble Costs of Suit by Action of Debt, Bill, Plaint or Information in any of the said Courts of Record atWestminster , wherein no Essoin, Protection or Wager of Law, or more than One Imparlance shall be allowed.
V Goalers perjuring themselves.
V. And be it further enacted, That if any Keeper or Keepers, Gaoler or Gaolers, or any Deputy Keeper or Gaoler of any Prison, shall, in taking of the afore mentioned Oaths, forswear and perjure themselves, and shall thereof be lawfully convicted, such Keeper or Gaoler or deputed Keeper or Gaoler of such Prison or Prisons shall, over and above the Penalties to be inflicted on Persons convicted of Perjury, upon every such Conviction, forfeit and pay the Sum of Five hundred Pounds, to be recovered with full Costs, by Bill, Plaint or Information, or Action of Debt, in any of His Majesty's Courts of Record atW...
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