Acts. 153

Hinton, (Father to the said Smith's Wife, his only Child; which said
Rees was bound to the said Smith as Sheriff, for the due Execution
of his Office, which subjected him to the Payment of the major Part
of the said Smith's Debts,) devised his Real and Personal Estate to
his said Daughter, and her Children by the said Smith, or to others
in Trust for them. And for that, the said Smith's being under Con-
finement, will not benefit his Creditors,

Session
Laws

Be It Enacted, That unless all or any of the Creditors of the
said John Smith, or the Attorney or Attornies of such Creditor or
Creditors, or any of them within this Province, within Twenty Days
after the End of this Session of Assembly, go to the Sheriff of Cascil
County, in whose Custody the Prisoner afore-mentioned is detained
or kept in Custody, and give good Security to pay the Imprisonment
Fees, at Ten Pounds of Tobacco per Day, that shall or may become
due from the said Prisoner after the End of the said Twenty Days ;
and also to find the said John Smith sufficient Meat, Drink, and
Cloathing, during his future Imprisonment, in Case the said John
Smith, and Jane his Wife shall deliver up and surrender, or cause to
be delivered and surrendered to the Sheriff of the said County, in
whose Custody he is, in the Presence of Two Justices of the Peace
of the same County, whom the said Sheriff is hereby required to
summon, at the Request of the said John Smith, at the Dwelling
Plantation, or Place of Abode of the said John Smith, some con-
venient Time between the Twentieth Day of July next, and the Tenth
Day of August, all the Real and Personal Estate of them the said
John Smith, and Jane his Wife; or which, by Deeds, was made
over in Trust for them, or their Children; all such Real and Personal
Estates, either in Possession, Reversion, Remainder, or in Trust, or
in or unto which, they or any of them have any Claim or Interest
whatsoever: And do likewise, betwixt the Days aforesaid, convey,
assign, transfer, and make over unto the Sheriff of the County afore-
said, for the Use of his Creditors, as Sheriff, all such Estate, Interest,
and Claim as aforesaid, after such Manner as the said Sheriff, and
the major Part of his Creditors, or of such of them as shall think
fit to direct therein, or their Council learned in the Law, shall reason-
ably devise and require, at the Costs and Charges of such Persons
as shall Claim the Benefit thereof; so as the said John Smith, and
Jane his Wife, be not burthened with any Warranties thereby, other
than from themselves and their Heirs, and those that claim by, from,
or under them, or the said Rees Hinton. And that the said John
Smith, at the Time of such his Surrender, and transferring his Es-
tate as aforesaid, shall take his solemn Oath before Two Justices to be
summoned as aforesaid, to the Effect following, (to wit,)
I John Smith do solemnly swear, That the Estate, Goods, Debts,
and Effects which I have delivered, assigned, and made over to the
Sheriff of Caecil County, and in Trust, for the Use of my Creditors,

p. 15