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Court of Exchequer or assize or sessions may order discharge of persons in custody.
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28. Provided also, that if any person or persons who shall hereafter be in the custody of any sheriff or sheriffs under any of the provisions of this Act for the non-payment of any sum or sums, shall petition his Majesty's Court of Exchequer in any case, or the judges of assize upon the respective circuits, or the court of general sessions of the piece in the cases directed to be certified to them respectively as aforesaid, the said Court of Exchequer and the said judges of assize and court of general sessions of the peace respectively shall examine into the facts of the said petitions respectively in a summary manner; and it shall be lawful for the said Court of Exchequer and judges of assize and court of general sessions of the peace respectively to grant an order or warrant (as the case may be) under their hands to discharge any person or persons so in custody and petitioning them respectively as aforesaid, if they shall respectively see sufficient reason so to do; which order or warrant, upon being filed with the comptroller of the pipe, shall respectively be an acquittance to the said respective sheriffs for the sum and sums for which the person or persons so discharged was or were in custody.
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