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Judgments Act 1838

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This is the original version (as it was originally enacted).

XCIVCourt, at Request of Creditors, may remove Prisoners from the Gaols of London, Middlesex, or Surrey, if their usual Residence was elsewhere, to be heard in the County to which they are removed.

And be it further enacted, That if on any Prisoner being brought before the said Court for the Relief of Insolvent Debtors it shall appear to the Satisfaction of the said Court that the usual Place of Abode of such Prisoner, lately before his Arrest, was in some County or Place within the United Kingdom other than the Counties of Middlesex or Surrey, or City of London or Borough of Southwark, it shall be lawful for the said Court, if it shall think fit, upon the Request of any Creditor or Creditors of such Prisoner, to order such Prisoner to be taken, at the Expence of such Creditor or Creditors, . from the Gaol in which such Prisoner shall then be, to the Gaol of the County or Place where such Prisoner had lately, before such Arrest, his usual Place of Abode; and if such late usual Place of Abode was in Scotland or Ireland, then to the Gaol of such County or Place as to the said Court shall, under the Circumstances of the Case, appear just and reasonable ; and the Order of the said Court in that Behalf, directed to the Keepers of the said Gaols respectively, shall be their sufficient Warrant, and they are hereby required, in pursuance thereof, to deliver and receive respectively the Body of such Prisoner, together with. a Certificate of the Day or Days, and Cause or Causes of Detainer against such Prisoner, who shall from and after such Removal be deemed to be in Custody of the Sheriff or other responsible Officer of the County or Place wherein the Gad shall be situate to which such Prisoner shall have been so removed and the said Court shall order such Removal of the said Prisoner from such Gaol as aforesaid to be made on or before a Day to be named in such Order; and if such Prisoner shall not be removed accordingly on or before the said Day, or on or before a Day which the said Court shall name in any Enlargement of the said Order, (which Enlargement it is hereby empowered to make whenever it shall seem just and reasonable so to do,) then the said Court shall, upon Application duly made, appoint a Time for such Prisoner to be brought up before the said. Court, and such Advertisement thereof shall be published, and such Notice given, and to such Persons as the said Court shall in any Case direct and when any such Prisoner shall have been removed, and shall be in Custody in any Gaol in pursuance of such Order, or of any Enlargement thereof, the said Court shall appoint a Time and Place for such Prisoner to be brought up in the County or Place where such Gaol shall be situate, and such Advertisement thereof shall be published, and such Notice thereof given, and to such Persons as the said Court shall in any Case direct: Provided always, that when any such Prisoner shall be brought up to be dealt with according to the Provisions of this Act, after such Removal or Failure of Removal of such Prisoner as aforesaid, it shall be lawful for all the Creditors of such Prisoner to oppose the Discharge of such Prisoner as in other Cases, although no such Creditor shall have opposed or given Notice to oppose the said Discharge at the Time first appointed for the bringing up of such Prisoner ; and that in all Cases where any such Prisoner shall be so removed as aforesaid, the Expence incurred by such Removal by the Creditor or Creditors requesting the same shall be repaid to him or them by the Assignee or Assignees, of the Estate and Effects of such Prisoner, out of such Estate and Effects, before any Dividend shall be made thereof.

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