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Governor, and the Upper and Lower Houses of Assembly, :
and the Authority of the same, That every Creditor having
any Sum of Money, Quantity of Tobacco, or other Goods, due
from the Estate of any deceased Person by Judgment, Statute,
Recognizance, Mortgage, Obligation, Protested Bill of Ex-
change, or other Writing, before the Executor or Adminis-
trator of the Debtor pay the same, shall be obliged to make a
solemn Oath, or Affirmation if a Quaker, before some one
Justice of the Provincial Court, one Justice of the Peace, the
Commissary General, or Deputy-Commissary, for the Time
being, " That no Part or Parcel of the Money, Tobacco, or
" other Goods mentioned in such Judgment, Statute, Recogni-
" zance, Mortgage, Obligation, Protested Bill of Exchange,
" or other Writing, hath been paid, nor any Thing else given
" or delivered towards Satisfaction thereof, more than is
" taken Notice of and mentioned in such Oath or Affirmation; "
and that what the Creditor shall confess on Oath or Affirma-
tion to have received, shall be deducted out of the Debt, and
the Residue paid by the Executor or Administrator having
Assets.
II. And be it Enacted, That every Executor, or Adminis-
trator of a Creditor, shall before the Receipt or Recovery of
any Debt due as aforesaid, from any other Executor or
Administrator, Swear or Affirm, "That the Creditor (to the
" Knowledge of the Executor or Administrator, nor by any
" Book, Writing, Account, or other Thing appearing to such
" Executor or Administrator,) did not receive any Part or
" Parcel of the Debt more than is mentioned in such Oath
" or Affirmation; and likewise that he or she hath not received
" any Part of the Debt, or any Thing else towards Satisfac-
" tion thereof, more than he or she gives an Account of; "
which is always to be mentioned particularly in such Oath
or Affirmation, and deducted as aforesaid.
III. And be it also Enacted, That where any Creditor, or
Executor or Administrator of a Creditor, shall obstinately
refuse to swear or affirm according to the Directions of this
Act, and will sue and implead the Executor or Administrator
of the Debtor that shall offer, on its being done, to pay what
shall appear to be really due, shall be Non-suit, and pay full
Cost, Provided always, That such Non-suit shall not bar or
estop the Plaintiff, to bring a new Action, if needful, first
complying with the Directions of this Law; and that any
Person that shall swear or affirm falsely in the Premises, and
be thereof lawfully convict, shall incur the same Pains and
Penalties as in case of wilful and corrupt Perjury.
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Bacon
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