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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 155   View pdf image (33K)
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Acts. 155


John Smith, (the wearing Apparel for himself. Wife and Children,
Bedding for himself and Family, with necessary working Tools for
their Occupation, Trade, and what may be necessary for their Sub-
sistence, not exceeding the Value of Ten Pounds Current Money
only excepted,) for the Satisfaction of his or their said Debts, in
such Sort, Manner, and Form, as he or they might have done, if the
Person of the said John Smith so discharged as atoresaid, had never
been taken in Execution. Any Act, Statute, or Custom to the con-
trary, notwithstanding.
And Be It Further Enacted, by the Authority aforesaid, by and
with the Advice and Consent aforesaid, That in Case, the said Sheriff
shall be sued for any Matter or Thing required of him to be done by
this Act, that then the said Sheriff may enter a common Appearance
without Special Bail, to any such Action or Actions as shall be
brought against him, and plead the General Issue, and give this Act,
or the Exemplification thereof , with the special Matter thereon
arising in Evidence. And that if the Plantiff or Plantiffs commenc-
ing or bringing such Action or Actions as aforesaid, shall be Nonsuit,
the Defendant or Defendants shall recover against him or them
double Costs of Suit. Any Law, Statute, Usage, or Custom to the
contrary, notwithstanding.

Session
Laws

And Be It Further Enacted, by the Authority, Advice, and Con-
sent aforesaid. That the Sheriff aforesaid, shall, after such Delivery
up and Surrender as aforesaid, give publick Notice at the Churches,
Court-Houses, and Mills within the said County, of some precise
Time, by him the said Sheriff, and the said Two Justices, to be ap-
pointed for the Distribution of the Effects of the said John Smith, no
less than Twenty Days after the making of the said Surrender; and
shall then and there, in the Presence of Two Justices as aforesaid,
and by their Advice and Directions, make Distribution of the Estate
of the said John Smith so as aforesaid to be surrendered, delivered
up, or transferred, amongst such of his Creditors only, as shall then,
by themselves, or their Attorney or Attornies, think fit to be present
at such Distribution, by an equal and proportionable Distribution
thereof to every such Creditor, with Respect had, and in Proportion
to the Largeness of his or her Debt, save that such Fees as the said
Smith owes to the Sheriff, in whose Custody he is; and such Debts
of the said John Smith, as his Securities upon his Sheriff's Bonds
stand chargeable for, be first paid out of such Effects so as aforesaid
to be surrendered and assigned; and the Residue, if any, to be dis-
tributed as aforesaid. The Proceedings of the said Justices and
Sheriff, in that Behalf, to be certified to the County-Court aforesaid,
and there lodged, for the Perusal of any of the Creditors of the Debtor
aforesaid, that shall require the same; and without any Fee to be paid
thereon, or for such Lodging thereof.

p. 17



 
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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 155   View pdf image (33K)   << PREVIOUS  NEXT >>


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