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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 347   View pdf image
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Acts. 347

 

Estate of the Deced he shall give notice of such his appraismt
and Call together two of the next of kin of the said Deced
and two of the Credittors of the said Deced if any there be
who shall be present att the said appraismt with the sworne
appraisers and shall Certifie to the Comry or his Deputy
Under their hands that they were present att the appraismt

C. P.

and doe Approve thereof And if any Exr or Administ returne
an Inventory without such Certificate as afd or without making
itt appear that such Kindred or Credittrs having due notice of
the time and place of such appraismt refused or Neglected
to be present the said Judge or his deputy in Each respective
County in this province shall not Accept or receive the same
into his or their Office or Offices.
And be itt further Enacted by the Authority afd by and
with the Advice and Const afd that from and after the publi-
cation hereof no person or persons being Exrs or Adm" of any
person deced within this province shall be Lyable to pay or
Satisfie debts Contracted out of this province of what nature
or Quality soever (Debts due to his Sacred Majesty his heirs
and Successors only Excepted) before debts due within this
province from the Estate or Estates of any person or persons
deced shall be paid and Satisfyed if such Exr or Admr shall
have Assetts in his her or their hands Sufficient to pay and
Satisfie the same such Exrs and Adm" having respect to the
Quality of the debts due within this province as afa unless the
Credittr or Credrs of the Deced being persons residing out of
this province as afd on any Action or Actions by him her or
them brought agt such Exrs or Admrs as afd upon any debt or
Contract of a higher nature then those Contracted within this

p. 251

province as afd be it by Statute Merchant or of the Staple
Judgmt bond or otherwise doe upon Tryall Sufficiently make
itt appear that such Exr or Admr had due knowledge and
Cognizance thereof upon due proofe thereof as afd if such
Exrs or Admrs shall have paid Debts of an Inferior Nature not
recovered agt them by due Course of Law or Suffered Judgm'
to goe agt them for any such Debt as afd without pleading
such fforreigne debt in stay of Judgmt such Exr or Admr not
having assetts in his her or their hands sufficient to pay the
Debt as afd and Satisfie the same the Court before whome
such action shall be brought shall give Judgmt and Award
Execution agt such Exrs or Adm" de bonis propriis to such
Credittr or Credittts as afd as the Law in that Case directs any
thing in this present Act to the Contrary thereof in any wise
notwithstanding.

p. 252



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 347   View pdf image
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