| 1773.
CHAP.
XIII. |
2 HENRY HARFORD, Esq;
kind or nature soever, and every or any part thereof, in the said sheriffs
bailiwick
or bailiwicks respectively to be found, with all evidences, books of accounts
and
papers relating thereto; which writ or writs of attachment to be issued,
the
respective sheriff or sheriffs to whom the same shall be directed, are
hereby required,
authorised and commanded, well and faithfully to execute, and forthwith
to
make (with the assistance of two substantial freeholders on oath, not being
creditor
or creditors, which freeholders the said sheriff is hereby required and
empowered
to summon and swear for that purpose) a just and true inventory and appraisement
of all such goods and chattels as he shall seize and take by virtue thereof,
and return the same, together with a schedule of the said evidences, books
of account,
and papers, signed by himself and the said two freeholders, with the writ
of attachment, to the court to which the said writ is returnable.
And the said
sheriff shall be paid his reasonable account of charges and expences in
safe keeping
the said goods and chattels so seized and attached, over and above a commission
at
the rate of three pounds per centum on the value or amount of the
said inventory,
by the owner of the said goods if the attachment should be dissolved, or
by the
trustees herein after mentioned if trustees should be appointed. |
Creditors to
give public
notice of attachment
being
issued,
&c. |
III. And be
it further enacted, That immediately upon the issuing of any such
attachment,
the creditor or creditors who procured the same, shall give public notice
by
advertisement set up at the court-house door of the county where returnable,
if
issued out of the county court, or in the Maryland gazette, if returnable
to the
provincial court, of such writ of attachment having been issued, and that
unless
the absconding person shall return and discharge his or her debts, or give
bail according
to this act, all his or her real and personal estate will be sold for the
satisfaction
of his or her creditors. |
Debtors, &c.
of absconding
persons, after
notice, &c.
paying them
the debts, are
liable to repay
the same. |
IV. And be it
further enacted, by the authority aforesaid, That if any
debtor
or debtors of the aforesaid absconding person, or the bailee or bailees,
or other possessor
or possessors of his or her goods or effects, after actual notice of the
issuing of
such attachments, or after thirty days from the time of setting up such
advertisement
or inserting the same in the gazette as aforesaid respectively, shall pay
the said
debt or debts, or deliver the said goods or effects to the said absconding
person, or
to any other person or persons whatsoever, to his or her use, the said
person or persons,
so paying the said debt or debts, or delivering the said goods or effects,
shall
be deemed and adjudged to have paid the same debt or debts, or delivered
the said
goods or effects fraudulently and in their own wrong, and hereby are made
liable to
answer the same, or the amount of value thereof, to such person or persons
who
shall by virtue of this act be empowered to receive and dispose of the
estate or
estates of the said absconding person, towards the satisfaction of his
or her creditors:
And in case the person or persons so indebted to the said absconding person,
or the bailee or bailees, or other possessor or possessors of his or her
goods or effects,
shall, after the said notice, be sued by him or her for the said debt or
debts, goods
or effects, he, she or they, so sued, may plead the general issue, and
give this act
and the special matter in evidence. |
Sales made by
absconding
persons after
notice to be
null and void. |
V. And be it
further enacted, by the authority aforesaid, That all sales
made
by the said absconding person of his or her estate, lands, goods or chattels,
after
such actual notice, or after thirty days from the time of setting up such
advertisement
or inserting the same in the gazette as aforesaid respectively, are hereby
declared
to be null and void, to all intents, constructions and purposes, whatsoever,
any law, usage or custom, to the contrary notwithstanding. |
Absconding
persons discharging
the
debts or giving
bail, &c.
attachment to
be dissolved. |
VI. And be it
further enacted, That in case such absconding person shall return
and discharge all his or her debts, or otherwise compound with or satisfy
all
his or her creditors, on or before the third day of the court to which
such attachment
shall be returnable, or shall, on or before that day, give good and sufficient
special
bail, either in the court to which such attachment shall be returnable,
or before
one justice of the provincial court, or the president or any two justices
of the
county court, to answer the several claims of all creditors that shall
file their declarations
against such absconding person, as well in the provincial court the first |
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