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the faid affignee or affignees, with fuch confent as aforesaid, shall think fit and can agree, and the fame fhall be binding to all the creditors of fuch debtor or debtors; and every fuch affignee or affignees is and are hereby indemnified for what they shall fairly do in the premises in purfuance of this act.

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LVIII. And for the better discovery of the eftate and effects of any debtor who shall be discharged by virtue of this act; be it further enacted by the authority aforefaid, That any perfon or perfons who fhall have accepted of any truft or trufts, and fhall wilfully conceal or protect any eftate, real or perfonal, of any fuch debtor from his creditors, and fhall not, within thirty days after any affignee or affignees fhall, in purfuance of this act, be chofen of any fuch debtor's eftate, difcover and disclose to such affignee or affignees fuch truft and estate in writing, and deliver up or make over the fame to fuch affignee or affignees, he, she, or they, fo offending fhall, for every fuch offence, forfeit the fum of one hundred pounds, and alfo double the value of the eftate, either real or perfonal fo concealed, to and for the ufe of the creditors of any fuch debtor; to be recovered by action of debt in any of his Majefty's courts of record at Weftminster or Dublin, as the cafe may be, in the name or names of the affignee or or affignees of such debtor's eftate, together with treble costs of fuit.

LIX. And whereas provifion ought to be made as to what should become of the estate and effects of any debtor or debtors not got in, obtained, or recovered, by any affignee or affignees chofe pursuant to the directions of the feveral acts at the time of his or their death or deaths, and whofe heir or heirs, executors, administrators, and assigns, refufed to act or meddle therein: to remedy which, be it enacted, That in all fuch cafes it fhall and may be lawful to and for the creditors of every fuch debtor or debtors to chufe a new affignee or affignees, in manner and form as herein-before is directed, and to obtain a new affignment from the clerk of the peace, or his deputy, town clerk, or other officer acting as clerk of the peace, pursuant to the order of the juftices, and which faid order the faid juftices are hereby required and empowered to direct, (on due proof on oath being made to them of the death of fuch former aflignee or affignees, and refufal of his or their heirs, executors, adminiftrators, or affigns, to act or meddle therein); and the faid clerk of the peace, or his deputy, town clerk, or other officer acting as clerk of the peace, are hereby empowered to obey the fame, and execute fuch affignment accordingly, in manner and form as if no former affignment ever been made, the faid aflignee or affignees, clerk of the peace, or his deputy, town clerk, or other officer acting as clerk of the peace, hereby conforming to all orders and directions made by this act relative to them, or any of them, and to be liable to all fuch pains and penalties as are inflicted on them, or any of them, by this act, for difobedience in any part thereof, or neg lect of duty whatever; and in cafe any fuch affignee or affignees fhall die, and his heirs, executors, adminiftrators, or affigns,

had

hall

fhall refuse to act, that then and in such case it shall be lawful for fuch juftices of the peace to appoint a new affignee or affignees, with the like powers and authorities as are given by this act; and the faid juftices fhall have power, in a fummary way, to oblige the heirs, executors, adminiftrators, and affigns, of fuch affignee or affignees, to account and deliver up all fuch eftate and effects as fhall remain in his or their hands, to be applied for the purposes of this act.

may remove

LX. And, to the intent and purpose that the eftate and effects of fuch debtor or debtors as fhall be discharged by virtue of this act may be duly and faithfully applied for the benefit of his, her, or their real creditors; be it enacted by the authority aforefaid, That it fhall Courts, on and may be lawful to and for the refpective courts at Westminster complaint, and Dublin, and the courts of great feffions in Wales, and the affignees, &c. counties palatine of Chester, Lancaster, and Durham refpectively, and the courts of limited jurifdiction in that part of the united kingdom called Ireland, from whence any procefs iffued, upon which any fuch debtor or debtors was or were committed, or where the process iffued out of any other court, to and for the judges of the court of king's bench, common pleas, and exchequer, or of great feffions, or counties palatine aforefaid, within their respective jurisdictions, or any one of them, from time to time, upon the petition of any fuch debtor, or the creditor or creditors of fuch debtor, complaining of any infufficiency, fraud, mifmanagement, or other misbehaviour, of any affignee or affignees of the estate or effects of any fuch debtor or debtors, to fummon all parties concerned, and, upon hearing the parties concerned therein, to make and give fuch orders and directions therein, either for the removal or difplacing fuch affignee or affignees, and appointing any new affignee or affignees in the place or ftead of fuch affignee or affignees fo to be removed or difplaced, and for the prudent, juft, and equitable management or diftribution of the eftate and effects of any fuch debtor, for the benefit of the refpective creditors, as the faid courts or judges respectively fhall think fit; and in cafe of the removal or dif placing of any affignee or affignees, and the appointing of any new affignee or affignees, the eftate or effects of fuch debtor or debtors hall, from thenceforth, be divefted out of the affignee or affignees fo removed or difplaced, and be vested in, and delivered over to fuch new affignee or affignees, in the fame manner and for the fame intents and purposes, as the same were before vested in the affignee or affignees first chofen as aforefaid; any thing in this act contained to the contrary notwithstanding. LXI. Provided always, and be it enacted by the authority aforefaid, That in all cafes where mutual credit hath been given where mubetween any debtor who shall be difcharged in pursuance of this tual credit has act, and any other perfon or perfons, or bodies corporate or been given, politick, before the delivery of fuch schedule or inventory of the be ftated. eftate and effects of fuch debtor or debtors, upon oath as aforefaid, the respective affignee or affignees of fuch debtor or debtors is and are hereby authorised and required on his and their parts,

the balance to

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to state and allow an account between them and the other party of parties concerned; and nothing more shall be deemed to be vefted in fuch clerk of the peace, or town clerk, or other officer acting as clerk of the peace, or fuch affignée or affignees as aforefaid, as the estate or effects of such debtor or debtors, than what fhall appear to be justly due to him, her, or them refpectively, as and for the balance of fuch account, when truly stated. LXII. And whereas many perfons are often committed by the courts of law and equity for contempts, for not paying money ordered or awarded to be paid, and alfo for not paying of cofts duly and regularly taxed and allowed by the proper officer, after proper demands made for that purpose, and also upon the writ of excommunicato capiendo, or other procefs for, or grounded on, the non-payment of money, cofts, or expences, in fome caufe or proceeding in fome ecclefiaflical court, or for contempt to fuch court relating thereto; it is hereby declared and enacted, That all fuch perfons are and fhall be entitled to the benefit of this act, on and fubject to the same benefit of this terms, conditions, and restrictions, as are herein expreffed and declared with refpect to prifoners for debt only.

Prifoners for not paying

monies

awarded,
cofts, &c.
entitled to the

a&;

LXIII. And whereas great numbers of poor people have been and are now imprisoned for debt, upon proceffes iffuing out of courts of and alfo pri- confcience; it is hereby enacted and declared, That all fuch prí foners on pro- foners fhall be entitled to have the benefit of this act, and be ceffes out of discharged under the fame, provided he, fhe, or they conform to the directions herein-before prefcribed, touching other prifoners who fhall be discharged by virtue of this act.

courts of confcience.

No perfons who have

taken the benefit of any infolvent act

within five

entitled to re

LXIV. Provided always, and be it further enacted, That no person who fhall have taken the benefit of any act heretofore paffed for the relief of infolvent debtors within the space of five years laft paft, fhall have or receive any benefit or advantage of or under this act, nor be deemed to be within the intent and years, to be meaning thereof, fo as to be difcharged under the fame; any lief under this, thing herein-before contained to the contrary thereof notwithftanding. LXV. And be it further enacted by the authority aforesaid, Affirmation of That in all cafes wherein by this act an oath is required, the quakers to be folemn affirmation of any perfon being a quaker, shall and may be accepted and taken in lieu thereof; and every perfon making fuch affirmation, who fhall be convicted of wilful and falfe affirmation, fhall incur and fuffer fuch and the fame penalties as are inflicted and impofed by this act upon perfons convicted of wilful and corrupt perjury.

taken.

Certain per

titled to the benefit of this act.

LXVI. And be it enacted, That Jofeph Henry Kiernan, fons not en- James Plunket, Edward Graham, Hugh Reilly, and Edward Brabazon, confined debtors, named and defcribed in an act paffed in the parliament of Ireland in the fortieth year of the reign of his prefent Majefty, intituled, An att for the relief of confined debtors who may be infolvent, be not entitled to the benefit of this act, notwithstanding their fituations refpectively come within the provifions of the fame.

LXVII. Pro

LXVII. Provided alfo, and it is hereby enacted, That no- A&t not to thing in this act contained shall extend to that part of Great extend to Britain called Scotland.

CA P. LXXI.

An act for transferring the receipt and management of the duties on licences for ufing or exercising the trade and bufinefs of an horfe dealer, fram the commiffioners of ftamps to the commiffioners for the affairs of taxes; and alfo for making further provifions in refpect to the faid duties so transferred.[June 27, 1801.]

WHE

Scotland.

HEREAS by an all, paffed in the twenty-fourth year of the Preamble.
reign of his prefent Majefty, certain ftamp duties were 24 Geo. 3.
granted in Great Britain on licences iffued for ufing and exercising 1. 2. C. 31,
the trade of an horfe dealer, and placed under the management of the
commiffioners for the time being, appointed to manage the duties
charged on ftamped vellum, parchment, and paper, which duties have
been further regulated by an act paffed in the twenty-ninth year of

the reign of his prefent Majesty: and whereas it is expedient that the and 29 Geo. 3.
faid duties fhould be repealed, and other duties fhould be granted in c. 49, recited.
lieu thereof, to be placed under the management of the commiffioners
for the affairs of taxes, under the provifions of this act; may it
therefore please your Majefty that it may be enacted; and be it
enacted by the King's moft excellent majesty, by and with the
advice and consent of the lords fpiritual and temporal, and com-
mons, in this prefent parliament affembled, and by the autho-
rity of the fame, That, from and after the fifth day of April one After April 5,
thoufand eight hundred and one in England, and from and after 1801, in
the twenty-fourth day of May one thoufand eight hundred and May 24, 1851,
England, and
one in Scotland, the duties granted by the faid firft-recited act, in Scotland,
and all the regulations contained in the said laft-recited act, or the duties
in any other act concerning the faid duties on licences as afore- granted by
firft recited
faid, fhall ceafe and determine, fave and except in all cafes re- act, and all
lating to the demanding, recovering, receiving, or paying, any regulations
arrears of duties by the faid firft-recited act granted, which on concerning
the refpective days before mentioned fhall have remained unpaid them, fhall
in England and Scotland refpectively; and the feveral claufes, as to arrears,
cease, except
provifions, matters, and things relating to the due paying, re- &c.
ceiving, and recovering the fame, fave alfo and except the pay-
ing and accounting for the duties received fince the fifth day of
April one thoufand eight hundred and one, by virtue of the faid

first-recited act.

II. And be it further enacted, That, from and after the faid After April 5, fifth day of April one thoufand eight hundred and one in England, 1801, in Eng and from and after the faid twenty-fourth day of May one thou- land, and May fand eight hundred and one in Scotland, in lieu and inftead of 24, 1801, in Scotland, the duties on licences to ufe or exercife the trade of an horfe horse dealers dealer, by this act repealed, there fhall be affeffed, raifed, and in Great Brilevied, to and for the ufe of his Majefty, his heirs and fuccef- tain fhall pay fors, upon every person who fhall ufe or exercise the trade and duties herein bufinefs of an horfe dealer within the cities of London and Weft- specified. VOL. XLIII.

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minfier,

the annual

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minster, and the liberties of the fame refpectively, the parishes of Saint Mary-le-bone and Saint Pancras in the county of Middlefex, the weekly bills of mortality, or the borough of Southwark in the county of Surrey, the annual rate or duty of ten pounds, and upon every perfon who fhall ufe or exercise the trade and bufinefs of an horfe dealer in any other part of Great Britain, the annual rate or duty of five pounds.

mence from

Duties in Eng- III. And be it further enacted, That the firft affeffment to land, to com- be made of the rate or duty for ufing or exercifing the trade and April 5, 1801, business of an horfe dealer in England, thall commence from and to be affeffed after the fifth day of April one thousand eight hundred and one, and shall be made for one whole year, at the rate herein-before mentioned, and fhall be paid on the twentieth day of September in every year, the first payment to be made on the twentieth day of September one thoufand eight hundred and one.

for a year,

and paid on Sept. 20, yearly;

and in Scotland, to be affeffed for a year from

Whitfunday, and paid by

March 25.

Persons who fhall have al

ready paid the

duties, and

under this

act, fhall be repaid fuch a proportion thereof from the ftamp office as fhall double pay

IV. And be it further enacted, That every affeffment of the faid duty to be made in Scotland, fhall be made for one whole year from the term of Whitsunday in every year, and fhall be paid yearly, on or before the twenty-fifth day of March in every year; the firft payment thereupon to be made on the twentyfifth day of March one thoufand eight hundred and two.

V. Provided always, That all perfons who shall have already paid the duty on any licences, to use and exercife the trade and bufinefs of horse dealers, and in force at the time of paffing this fhall be affeffed act, and fhall be affeffed under this act from the fifth day of April one thoufand eight hundred and one in England, and the twenty-fourth day of May one thoufand eight hundred and one in Scotland, fhall, after paying the faid firft affeffment, be enti tled to receive from the commiffioners of ftamps, or the receiver general of stamp duties, or any officer appointed by the faid commiffioners, out of any monies arifing from the duties hereby repealed, fuch a proportion of the duties already paid as fhall be neceffary to prevent a double payment of the faid duties for the period elapfed, or to elapfe between the faid fifth day of April one thoufand eight hundred and one, and the expiration of fuch licences refpectively; for which purpofe the faid commiffioners of ftamps are hereby required to make fuch orders in refpect to the time and manner of fuch re-payments, as to them fhall appear best calculated to effectuate the intention of this act, and to prevent a double charge.

prevent a

ment.

Commiffion

to be the com

VI. And be it further enacted, That the commiffioners auers for taxes thorised or appointed, or who thall hereafter be authorised or miffioners for appointed to put in execution the feveral acts relating to the executing this duties under the management of the commiffioners for the affairs act, &c.;

of taxes, fhall be commiffioners for executing this act, and the powers herein contained or hereby directed to be applied, and in all and fingular the counties, ridings, divifions, thires, ftewar tries, cities, boroughs, cinque ports, towns, and places within Great Britain, and fhall proceed in the execution of this prefent act, in fuch and the fame manner as is prefcribed by the faid acts relative to the faid duties; and the faid commiffioners fhall,

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