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Judgments Act 1838

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This is the original version (as it was originally enacted).

LXXVIIIIn other Cases the Discharge, &c. to be at any Period not-later than Two Years from petitioning.

And be it enacted, That in case it shall appear to the said Court or Commissioner or Justices that such Prisoner shall have contracted any of his or her Debts fraudulently, or by means of a Breach of Trust, or by means of false Pretences, or without having had any reasonable or probable Expectation at the Time when contracted of paying the same, or shall have fraudulently, or by means of false Pretences, obtained the Forbearance of any of his Debts by any of his Creditors, or shall have put any of his Creditors to any unnecessary Expence by any vexatious or frivolous Defence or Delay to any Suit for recovering any Debt or Sum of Money due from such; Prisoner, or shall be indebted for Damages recovered in any Action for Criminal Conversation with the Wife or for seducing the Daughter; or Servant of the Plaintiff in such Action, or for Breach of Promise of Marriage made to the Plaintiff in such Action, or for Damages, recovered in any Action for a malicious Prosecution, or for a Libel, or for Slander, or in any other Action for a malicious Injury done to the Plaintiff therein, or in any Action of Tort or Trespass to the Person or Property of the Plaintiff therein, where it shall appear to the Satisfaction of the said Court that the Injury complained of was malicious, then it shall be lawful for such Court or Commissioner or Justices to adjudge that such Prisoner shall be so discharged, and so entitled as aforesaid, forthwith, except as to such Debt or Debts, Sum or Sums of Money, or Damages as above mentioned ; and as to such Debt or Debts, Sum or Sums of Money, or Damages to adjudge that such Prisoner shall be so discharged, and so entitled as aforesaid, so soon as he shall have been in Custody, at the Suit of the Person or Persons who shall be Creditor or Creditors for the same respectively, for a Period or Periods not exceeding Two Years in the whole, as the said Court or Commissioner or Justices shall direct; to be computed as aforesaid.

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