1769. 501 The History of the laft Seffion of Parliament, &c. The Hiftory of the Seffion of Parliament, which began Nov. 8, 1768, being the fecond Seffion of the Thirteenth Parliament of Great-Britain ; with an Account of all the material Queftions therein determined, and of the political Difputes thereby occafioned without Doors. Continued from p. 411. T HE Commons having agreed upon a fupply to his majefty, and concerted the ways and means of raifing it, by the land tax and other cuftomary aids, they now began, notwithftanding they were ftill barraffed with a number of election petitions, to receive the complaints of various artificers, who reprefented the diftreffes arifing to their feveral profeffions from the impolicy of many laws, as well as the unaccountable negligence of government. The principal petition of this nature was from the manufacturers in leather, who long faw with aftonith. ment bounties granted upon the exportation of corn, while our inferior artifans were reduced to the greatest diftrefs all over the kingdom from an actual want of bread: the abfurdity of this measure was fo evident, that it roufed the univerfal indignation of the humane and the difinterefted, and our prints were inceffantly filled with remonftrances to the reafon, or applications to the benevolence, of the minifter. Still, however, the evil was tolerated; we fhuddered at the thoughts of injuring the landholders, and expofed ourselves to all the dangers of famine, through an inflexible regard for the farmer and the hubandman. At laft we difcovered that it was not altogether good policy to ftarve the nation; we therefore not only removed the bounty upon the exportation of our own wheat, but opened our ports for the grain of other countries; the moft falutary confequences immediately followed; the fallen gloom of want foon gave way to the chearful funfhine of plenty, and the faces of our laborious poor, which had long been ficklied over by the baleful hand of penury, were now expanded into the most lively demonftrations of joy: yet though a meafure, which was generally thought injurious to the landed intereft, was thus adopted for the common prefervation of the kingdom, the landbolders were no way prejudiced in the iffue; on the October, 69. contrary, rents ftill continued to rife, the value of eftates ftill continued to encrease, and neither the tenant nor the proprietor expreffed the minuteft diffatisfaction. pe This obfervation the manufacturers of leather urged in fupport of their tition to parliament, which was much oppofed by the landed interest, who were extremely apprehenfive of fuffering not a little by any new regula tions in respect to an article where they were fo immediately concerned. The manufactures moreover observ-` ed, that the price of leather had been of late years extravagantly enhanced, notwithstanding the commodity was one of our principal ftaples, and notwithstanding an infinite variety of mechanics were either remotely, or immediately affected, to fay nothing of the whole kingdom, every individual of which was more or lefs a fufferer by the exorbitancy of the market: to lower the price, therefore, among ourfelves, and to enable our artifans to fupply the foreign demand, were matters of much importance; and though the value of hides would neceffarily be decreased to the British landholder, by tolerating the importation of foreign skins, still as the landholder among others would be benefited by the reduced rates of the manufacture, his lofs on the raw material could not be confiderable, efpecially as his bark, by the confequent encrease of the tan yard, muft rife in the fame proportion that his hides were diminished. The reduction of leather being a bufinefs of univerfal moment, the Houfe of Commons were addreffed by a multitude of profeffions, and particu larly by the cordwainers company of London, who remarked that all leather tanned in that part of Great Britain called England, was fubject to a duty of 14s. per cent. in the rough, according to two acts of the 9th and 10th of Ann, and that, though government allowed a drawback upon the exportation of the article manufactured, they 502 The HISTORY of the laft Seffion of Parliament. In the place of the former impoft upon feal fkins tanned, or tawed, which flood repealed from the first of June, 1769, they fubftituted a duty of id. per pound, and directed this duty to be under the receipt and management of the Excife Office, to be raised, levied, and fecured in all refpects as the duties upon hides and kins by the act of the 9th of Queen Anne. They alfo allowed a drawback of one penny per pound on the exportation of fuch tanned, or tawed, feal fkins. The bill concluded with a claufe of indemnification, to thofe who fhould advise, or execute, his majefty's orders of council, prohibiting the importation of raw hides, of cattle infected, or for contracts not performed in obedience thereto; and the king was impowered, by proclamation, or order in council, to prevent the importation of fuch contagious hides; and in either cafe profecuted by any action, or fuits; in the fift, allowed to plead the general iffue, and recover double cofts; and in the fecond, allowed to plead the fame general iffue, and recover treble cofts. In this form the leather bill received the royal affent, and it may not, perhaps, be unnecessary to remark here, that the manufacturers feem ftill determined to apply for more ample regulations. Greatly, however, asthe Commonswere taken up in matters of a commercial nature, as well as in affairs of a political kind, they, nevertheless, found time to exercife their humanity, and in compliance with the wishes of numberless unhappy wretches Languishing within the gloomy walls of a prison, an act of infolvency was determined upon for the relief of confined debtors, at the same time that every poffible precaution was taken to prevent the fraudulent from reaping the advantage of a law which was wholly intended for the relief of the unfortunate. With this view, as it had been often customary for artful villains, when a bill of infolvency was in agitation, to throw them felves into goal before the time which was commonly rendered neceffary for their imprifonment, the Commons altered the ufual period, and thus difappointed the infamous defigns of many who intended to plunder their honeft creditors. The preamble to this act obferves, "that whereas many perfons, by foffes and other misfortunes, are rendered incapable of paying their whole debts; and, though they are willing to make the utmolt fatisfaction they can, and many of them are able to ferve his majesty by fea or land, yet are detained in prifon by their creditors, or have been forced to go into foreign parts out of this realm; and whereas such unhappy debtors have always been deemed the proper objects of public compaffion, and, by several acts of parliament, have been difcharged on the conditiens in fuch acts mentioned: for the relief, therefore, of info!vent prifoners and fugitives, who fhall comply with the terms contained in this act, to be refpectively obferved by them, and faithfully difcover, upon oath, and deliver up and affign all their eftates and effects whatfoever, for the benefit of their creditors; and to prevent, as far as poffible, the many frauds and abuses which, in a great measure, have obftructed the good ends of fuch acts, it is hereby enacted that, from and after the paffing of this act, all gaolers or keepers of prifons, within this kingdom, fhall make out alphabetical lifts of prifoners in cuftody for debt on the 29th of September, 1768, or fince then; with the time when charged, and at whofe fuit: the fame to be delivered in to the quarter-feffions. The warden of the Fleet, and marshal of the King's Bench prifon, are to take the oath preferibed by this act, on delivering in their lifts; and other gaolers are to take another prefcribed oathi alfo by this ac, on the delivering in theirs. The oath is to be adminiftered by the juftices in court, and entered and fubfcribed at the bottom of each lift, which is to be kept by the clerk of the peace. 1769. The HISTORY of the laft Seffion of Parliament. Copies of the lifts are to be delivered fn, to be fixed up in the prisons, and on the gates thereof. Perfons inferted in the lifts, being prifoners, without a fraudulent intention, on the 29th of September, 1768, conform ing to the regulations of this act, fhall be difcharged; and prifoners in cuftody at the time of paffing this act, who were arrefted for debt on or before the 29th of September, 1768, and held to bail, and furrendered themfelves on or before the 28th of November, 1768, on conforming to the regulations of this act, thall be difcharged. Juftices, upon the petition of the prifoner, and his delivering a schedule of his eftate, are to iffue their warrant for bringing the prifoner to the quarter-fef fions, &c. with the warrant of detainer, and copy of the writ, &c. and the gaoler, &c. is to obey fuch warrant. The schedule of the prifoner's eftate is to be tranfinitted to the clerk of the peace, for inspection of the creditors; and prifoners, intending to petition for their difcharge, are to give previous notice thereof thrice in the Gazette, and other news-papers, mentioning fuch notice to be the first, fecond, or third, and, for inferting fuch notices, are to pay two-pence each time, and no more. The first notice is to be inferted thirty days, and the last ten days, before the quarter-feffions. The prifoner being brought into court, due publication of the notices required being proved, is to deliver in a fchedule of his estate, debts, and creditors, taking the oath prefcribed by this act, on delivering in the faid schedule, both which are to be fubfcribed in the court, and lodged with the clerk of the peace, for the examination of the creditors. The court, if required by the creditor, may administer an oath to the gaoler, or any other perfon, touching any of the matters prescribed to be worn to; and, the prifoner's oath not being difproved, the court is to difcharge him, upon paying a fee of 18. to the gaoler, which thall indemnify him from any action of escape. The eftare and effects of the prifoner, upon his discharge, are to veft in the clerk of the peace, who is to make over the fame to the affignees named by the court, for which he is to be paid 2s. and The affignees are impowered no more. 503 to fue, and execute any truft or power, The No fuit in equity is to be commenced, but by confent of the majority in value of the creditors. The clerk of the peace is to exhibit to the creditor, or his attorney, upon payment of 1s. the schedule of the prifoner's eftate and effects; and an attested copy thereof is to be granted, which fhall be evidence in all courts: and the clerk of the peace, refufing to produce fuch schedule, or to deliver a copy thereof, or taking exorbitant fees for the fame, forfeits rol. and treble cofts; one moiety to the profecutor, and the other to the poor of the parish. Affignees of copyhold and customary eftates are to compound with the lord of the manor, and to be admitted tenants thereupon. The prifoner's right and intereft only is to be affected by this act. Effects on the premiffes, where rent is due, are to be transferred to the landlord, and not made over to the affignees, unless they fhall agree to fatisfy the landlord. All mortgages, ftatutes, recognisances, and judgments, are to take place, preferable to claims of an inferior nature; and the power in the prifoner of leafing land, tenements, and hereditaments, is to veft in the affignees. The acting gaoler, at the time of delivering the lifts, is the only one liable to be fworn; and the court, if required by a creditor oppofing the prisoner's difcharge, is to adminifter an oath preferibed by this act to the gaoler; but if fuch perfon fhall not have been the gaoler on the 29th of September, 1768, then another oath, prefcribed alfo by this act, |