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Justice to issue his Warrant to the Clerk of the County Court, or
Provincial Court, as the Case shall require, to issue Attachment for
what such Creditor or Creditors shall make appear to be due or
owing to him, her, or them, as aforesaid: By virtue of which War-
rant, and this Act, it shall and may be lawful for every such Clerk,
to issue Attachment or Attachments in the usual Form, for the Debt
or Damage that shall be so prov'd, and the incident Cost and Charge
for such Creditor or Creditors against such run-away or absconding
Person; to be directed to the Sheriff or Coroner, as the Case shall
require: Any Law, Usage, or Custom to the contrary notwithstand-
ing.
And be it further Enacted, That the same Proceedings shall be
had on all Attachments to be so issued, and Security given on Con-
demnation of any Effects that shall be so attached, as are directed
by the Act for regulating Attachments, and limiting the Extent of
them on Attachments to be issued by Virtue thereof.
Provided always, That when any Creditor shall produce any Bond
Bill, protested Bill of Exchange, promissary Note, or other Obliga-
tion, Writing, or Instrument, under the Hand and Seal or Hand of
such run-away or absconding Person, such Creditor shall make
Oath, or Affirmation (if a Quaker) that the whole Debt, or Part
thereof, mentioning particularly what Part, if any Payment hath
been, or shall be made of any Part, remains really and bona fide due
and owing to such Creditor or Creditors: And that if the Debt shall
be due upon Account, or Book Debt, that then the Creditor shall
prove such Account, and how much thereof shall be due as aforesaid ;
which Account and Probate shall be lodged with the respective
Clerks, before any Attachment shall issue.
And whereas, it has often happened that several Persons have
heretofore secretly made over unto their Creditors, or pretended
Creditors, or given their own Children, or Others, sundry Goods and
Chattels, and yet kept the same in their own Possession, whereby
they have been believ'd to be the Proprietors of such Goods and
Chattels, and thereby procure to themselves Credit for considerable
Sums of Money, and Quantities of Tobacco, to the great Prejudice
of several Inhabitants of this Province and Others :
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Session
Laws
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Be it therefore Enacted, by the Authority, Advice, and Consent
aforesaid, That from and after the End of this Session of Assembly,
no Goods or Chattels, whereof the Vendor, Mortgagor, or Donor,
shall remain in Possession, shall pass, alter, or change, or any Prop-
erty thereof be transferred to any Purchaser, Mortgagee, or Donee,
unless the same be by Writing, and acknowledged before One Pro-
vincial Justice, or One Justice of the County where such Seller,
Mortgagor, or Donor, shall reside; and be within Twenty Days re-
corded in the Records of the same County.
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p. 9
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