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Proceedings and Acts of the General Assembly, April 1684-June 1692
Volume 13, Page 503   View pdf image (33K)
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Assembly Proceedings, May 10-June 9, 1692. 503


hereof be sent hither to be put in suite against any person
whatsoever living or residing within this Province shall be
proved by the Oath of the Witnesses thereunto, before a
Publick Notary or other Officer Lawfully Authorized there-
unto of the country or Place wheresoever it shall happn the
said Bonds or Bills shall be sent from, at which time and
before which said Publick Notary or other Publick Officer
shall be present, the Creditors who shall then likewise before
such Publick Notary or other Publick Officer of the place so
Authorized upon his Corporall Oath declare that the said Debt
or any part or parcell thereof is not Satisfied, or that there is
not any Accounts between the said Creditor and debtor by
which the said Creditor may be likewise indebted to the
debtor to the Value of the said debt or any part thereof for
any matter or thing accrewed since the time of the date of the
said Bond Bill or Instrument, or whither the said Creditor
hath not given to the said Debtor any release for the same to
be sent together with the proofs under the hands and Seals
of the Publick Notary or other Publick Officer thereunto
appointed, which if the Creditor shall refuse or neglect to per-
forme or do, then the said Matter and thing by the said
Publick Notary or other Officer so by them certified as afore-
said shall not be received as any Evidence to prove the said
debt, and if the said Creditr be dead and his Executor or
Administrator sue any such Bond Bill accompt or otherwise
and sue any Debtor for the same, the Executor or Adminis-
trator in like manner before such Publick Notary or other

Lib. L. L.
No. 1.

p. 138

Officer for that purpose appointed shall sett forth and declare
upon their oath, whither or no they have not heard the Cred-
itor in his life time Acknowledge that debt to be satisfied, or
whither or not upon Sight of the Creditors book writings or
accounts they have not seen Credit given to the Debtor since
the day of the making of the said Bills Bonds or begining of
the Account so sued for; all which in like manner is to be
certified by the Publick Notary or other Officer thereunto
appointed under his hand and Seale to be sent along to this
Country, together with the Testimony of the Witnesses that
have Testified to the said Bonds bills or Accounts or other-
wise, all which if the said Executors or Administrators shall
refuse or neglect to do, then the said Matter and thing by the
said Publick Notary or other Officer appointed as aforesaid
certified shall not be received in Evidence for Valid against
the Debtor. Provided though the Proofs and Evidences be
sufficient that the Plaintiff obtein Judgement for the said Debt
no Execution shall Issue forth against the Defendant, untill
the Originall be given or delivered up to the defendant or his
Attorney or Sufficient and legall releases in Case the
Originalls be lost.

p. 139



 
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Proceedings and Acts of the General Assembly, April 1684-June 1692
Volume 13, Page 503   View pdf image (33K)
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