always given fuch a novel turn of wit, humour, and character, that they are far fuperior to the homefpun manufactures of our modern writers. His Lethe, Lying Valet, Guardian, &c. are undeniable proofs of this affertion. His judicious alterations of many old plays have alfo evinced his tafte and delicacy. His prologues have conftantly met with univerfal approbation-but there is one poetical piece, which has been generally afcribed to him, and which he has never denied, that will do immortal honour to his pen; this is the Ode on the Death of the late Mr. Pelham.

Mr. Garrick may, upon the whole, be confidered as a phænomenon of this age; and, in the collected character of actor, author, and the agiceable companion, we, probably, "ne'er fhall look upon his like again." Town and Country Magazine. See our Poetry for last year, p. 199.

acquifitions of real property or money in the funds, are fubjected to the claims of their feveral creditors.

Thofe entitled to the benefit of this act are,

I. Perfons arrested for debt, and held to bail, on or before the first day of January laft, who fhall furrender themfelves to prifon, on or before the twenty-fixth day of June

next.

II. Perfons who were arrested for debt on or before the twentyfecond day of January last, and have remained ever fince in the actual cuftody of the keeper of one of his Majefty's prifons; crown debtors excepted.

III. Fugitives for debt, who were actually beyond fea on the twenty-fecond day of January laft, and who fhall furrender themfelves within fourteen days next immediately after their landing in England to the keeper of the King'sbench, Marfhalfea, or Fleet prifons, or to the keeper of the prifon of any diftrict, in which they laft dwelt, for the fpace of fix months before they abfconded. But no difcharge can be granted to fugitives after the first day of Augult, one thousand feven hundred and feventy-eight.

IV. Commiffion or Warrant Of ficers, in his Majefty's fea or land fervice, now upon the full or halfpay lift, who, for fear of arrests, have taken fhelter in privileged places, or who have been thrown into jail, and are not under the defcription of thofe perfons who can take benefit by the other provifions of this act, are to be confidered as fugitives, and equally entitled to the benefit of this act, provided they furrender themselves on or before the twenty-fixth day

of

of June next, to the keeper of any of his Majefty's prifons, in the manner prefcribed for fugitive debtors returning from foreign parts.

V. Perfons, against whom commiffions of bankruptcy have been iffued on or before the twentyfecond day of January laft, and who are now in prifon for debt only (not contumacy), or who are now fecreting themfelves for fear of their creditors; or perfons who were in prifon for debt on the twenty-fecond day of January laft, and against whom commiffions of bankruptcy have been fince awarded, may fummon their plaintiffs before one of the Judges of the court wherein the procefs iffued, on which they are or may be detained, or (if fuch Judge live at a diftance) before any Juftice of the peace; and, on the plaintiff's not appearing, or not proving that fuch bankrupts have concealed any part of their eftate or effects, or have not duly conformed themfelves to the laws now in force against bankrupts, fuch Judge or Juftice fhall difcharge them on their taking an oath that the caufe of action arofe previous to the iffuing of the commiffion against them, and caufing common appearance to be entered for them, where neceffary, in every fuch fuit.

VI. Bankrupts against whom commiffions have been iffued on or before the twenty-fecond day of January laft, having fully conformed to the bankrupt laws now in being, and not having been committed to prifon for any act of contumacy, &c. may, if their creditors perfift in refufing their certificates after the expiration of twelve months, apply to the Lord

Chancellor, who, on the report of the Commiffioners, has a difcretionary power to order an advertisement to be inferted in the Gazette for the allowance of the certificates of fuch bankrupts, in the fame man> ner, and to the fame effect, as if they had been figned by four-fifths in number and value of their cre ditors.

To prevent impofitions, the dif ferent gaolers are immediately, afer the paffing this act, to give in to the Juftices of the peace, at their first or fecond General Quarter Seffions, an alphabetical lift of the prifoners who were confined in their feveral gaols for debt on the 22d day of January laft, or fince that date, under the terms and conditi ons of this Act, with the time when charged, and at whofe fuit. These lifts to be fworn to and fubfcribed in court, and to remain in the poffeffion of the Clerk of the Peace; and three copies of the feveral lifts are to be fixed up in the most confpicuous parts of the different prifons. And the gaoler is further to make oath, that the perfons whose names are inferted in the faid lifts, have not, to his knowledge, caused themselves to be arrested with a view to obtain the benefit of this Act, or refided out of the prifon with his privity fince their commit

cuftody), containing their names, trades, occupations, and two laft places of abode, (if fo many) of each perfon, and mentioning fuch notice in each Gazette, or newspaper, to be the Firft, Second, or Third notice, according to the order of publishing them; the first to be inferted at least thirty days, and the third at least ten days before the feflions, at which they propofe to apply for their difcharge. For publishing each notice, two-pence only is to be paid by any fuch prifoner. And every fuch notice is to be figned by the prifoner, and counterfigned by the gaoler.

And, for the better information of creditors, a fchedule of every fuch debtor's eftate is to be delivered to the gaoler for their infpection, previous to the publication of the notices, and fuch delivery fpecified in the first notice; and if it fhould be made to appear, at the faid feffions, that any prifoner fhould have neglected to deliver fuch schedule to the gaoler, he shall be remanded to prifon by the Juftices, until the above directions are complied with.

The gaoler is obliged to atteft each prifoner's fignature to his fehedule, and give the prifoner a duplicate thereof; and is alfo to give a copy to any creditor who may defire it, under a penalty of 201.

Prifoners who want to procure their difcharge, are to apply by petition to any of the Juftices of the peace within whofe jurifdiction they are confined, and deliver in with their petitions the fchedules of their eftates, to which they are to fwear at the enfuing firft or fecond quarter-feffions; upon which the Juftice is to direct a warrant, un

der his hand and feal, to the She riff or keeper of the prifon, requiring them to be brought up, after the expiration of ten days, to the faid feffions, with the warrants of their detainer, and copies of the caufes with which they are charged; which warrants of the Juftice all Sheriffs and gaolers are obliged to obey; and if any Juftice fhall neglect to tranfmit the schedules of fuch prifoners to the Clerk of the Peace, for the inspection of creditors, within ten days after he shall have received it, he is to forfeit ten pounds; one moiety to go to the party who profecutes for the fame, and the other to the poor of the parish where the offence fhall be committed.

When the prifoners are brought up for their difcharge, they are to make oath of the time of their confinement, or furrender, and that they have been ever fince in actual cuftody in the prifon or liberties thereof, and without any fraud or collufion whatfoever; and that the schedules delivered in by them refpectively, contain, to the beft of their knowledge, a perfect account and discovery of their eftates and effects, real and perfonal, except wearing-apparel and bedding for themselves and families, working tools and neceflary implements, to gether with a fum of money not exceeding forty fhillings, and thefe in the whole not exceeding the value of twenty pounds, each.

The feveral schedules are to be then fubfcribed by them refpective ly in the prefence of the Justices in open feffion, and fhall be lodged with the Clerk of the Peace for the examination of the creditors; and; to exhibit the fame to any creditor, or his attorney, on payment of

onë

one fhilling, and give a copy thereof (not on ftamped paper) at fix-pence a fheet, or forfeit ten pounds and treble cofts, one moiety to the poor, the other to the profecutor.

At the request of a creditor the court may examine the gaoler, or any under officer of a prifon, on bath, touching any thing contained in any of the oaths prefcribed by this Act; and if the oath taken by any prifoner in open court fhall not be disproved by good teftimony, the court is to difcharge him, on his paying a fee of one fhilling to the gaoler.

Infolvents difcharged under this Act, convicted of perjury in any oath therein directed to be taken, thall be adjudged felons, and fuffer death without benefit of clergy.

to

The ellate and effects of prifoners upon their discharge to be vested in the Clerks of the Peace, and their fucceffors, who are make over the fame to affignees to be named by the court, for which they fhall be paid two fhillings. The affignees are impowered to fue in their names for the infolvent's eftate, or execute any truft or power for the prifoner, whofe real eftate they are to make fale of, and make a dividend of the purchafcmoney within three months, firft making up their accounts, and verifying them upon oath.

Thirty days notice to be given of making a dividend, and no perfons are to receive any fhare until their debts are proved and allowed by the court. The furplus, if any, of the infolvent's eftate to be paid to him.

If there fhould be any omiffion in the infolvent's schedule, his VOL. XIX. 1776.

creditors are not to fuffer thereby, and no fuit in equity can be commenced but by confent of the majority of them in number and va→ lue.

No affignment of the infolvent can affect prior mortgages; and the power in prifoners of leafing lands are to be vested in the affignees.

Fugitives intending to furrender, and previously arrefted, are not thereby excluded from the benefit of this Act.

But perfons who have defrauded their creditors by taking up goods, money, or fecurities, under falfe pretences, are pofitively excluded from any benefit, if the fame be proved to the fatisfaction of the Juftices in feffion. Thofe also are excepted who fhall be found to have fold or affigned any part of their property with intent to defraud their creditors.

The difcharge of a prifoner is no acquittal to his partners or fureties.

Gaolers making false entries in their prifon books or lifts, to forfeit 500l. with treble cofts.

Every crediter has a right to demand an interview with his debtor in prifon, who, if he fhall refufe to tell the name and abode of the perfon at whofe fuit he is detained, fhall be excluded the benefit of this A&t.

Every creditor who fhall oppofe a prifoner's discharge, shall allow the prifoner 3s. 6d. or 4s. per week, in default of which for one fortnight, he may obtain a difcharge.

Perfons owing more than 1000l. to one perfon, may obtain the benefit of this Act, if they can procure fuch creditor's confent. Or if [2]

the