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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 299   View pdf image (33K)
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Acts. 299


bills Accounts or otherwise that shall from or after the publica-
tion hereof be sent hither to be putt in suite against any person
whatsoever living or residing within this Province shall be
proved by the Oaths of the Witnesses thereunto before a
Notary Publiq or other Officer lawfully Authorized thereunto
of the County or place wheresoever it shall happen the said
Bonds or Bills shall be sent from, Att which time and before
which Publiq Notary or other Publiq Officer shall be present
the Creditors who shall then likewise before such Publiq

Notary or other publiq Officer of the place doe Authorised

upon his Corporall Oath declare that the said Debt or any
part thereof saving what the said Creditor gives Creditt for is
not Satisfyed or that there are not any other Accounts between

Lib. L. L.
No. 64.

the said Creditor and Debtor by which the said Creditor may
be likewise indebted to the said Debtor to the value of the
said Debt or any part thereof for any Matter or thing accrued
since the date of the said bond bill or Instrument or whether
the said Creditor hath not given to the said Debtor any Release
for the same to be sent together with the proofe from under
the hands and Seals of the said Publiq Notary or other Publiq
Officer thereunto appointed which if the Creditor shall refuse
or neglect to performe or Doe then the said Matter or thing
by the said Publiq or other Officer so by them Certifyed as
aforesaid shall not be received as Evidence to prove the said
Debt and if the said Creditor be dead and his Executor or
Administrator sue such bond Bill Account or otherwise sue any
Debtor for the same the Executor and Administrator in like
manner before such Notary Publiq or other Officer for that
purpose appointed shall sett forth and declare upon their oath
whether or noe they have not heard the Creditor in his life
time acknowledge that Debt or any or what part thereof to be
Satisfyed or whether or not upon sight of the Creditors books
writing or Accounts they have not seen Creditt given to the
Debtor since the day of the making the said bills bonds or
beginnings of the Accounts so sued for, all wch in like Manner
is to be Certifyed by the Publiq Notary or other Off r thereunto
appointed under his hand and Seale to be sent along to this
Country together with the Testimony of the Witnesses that
have testifyed to the said Bonds Bills Accounts, or otherwise,
All which if the said Executor or Administrator refuse or neg-
lect to do then the said Matter &c thing by the Publiq Notary
or other Officer appointed as aforesaid Certifyed shall not be
received in Evidence for valid against the Debtor
And be it Enacted by the Authority aforesaid that all and
every the Attorny and Attorneys who shall be employ'd in the
Prosecution of such Suites shall put in Security to pay the
Defendant all such Costs and Charges as shall be by the

p. 96



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 299   View pdf image (33K)
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