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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 565   View pdf image (33K)
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Acts. 565


Person from such Debt, Damage, or Cost, or any Part thereof; but
that all such Persons shall be answerable for the same, in such Man-
ner, as they were before the Passing of this Act.
Provided always, and be it Enacted, by the Authority aforesaid,
That notwithstanding the Discharge of the said Alexander Simms,
and Archibald Johnson, all and every Debt or Debts, due or owing
from them and every of them and all and every Judgment had and
taken, or Decree obtained against them, or any of them shall stand,
and be good and effectual in the Law; to all Intents and Purposes,
against the Lands, Tenements, and Hereditaments, Goods, and Chat-
tels of them, and every of them, which they, or any of them, or any
other Person in Trust, or to the Use of them, or any of them, at the
Time of the Discharge of the said Alexander Simms, and Archibald
Johnson,- or any of them, or which they, or any of them, at any
Time hereafter, shall, or may be any way seized or possessed of, or
intrusted in, to their own Use, or to the Use of any of them, or in their
proper Right, or in the proper Right of any of them, either in Law
or Equity, except the Wearing Apparel and Bedding, or Working
Tools of them, or any of them, not exceeding the Value of Five
Pounds Current Money, And it shall and may be lawful for any of
their Creditors, their Executors, Administrators, or Assigns, to take
out a new Execution or new Executions, against the Lands Tene-
ments, or Hereditaments, Goods or, Chattels, of the said Alexander
Simms, and Archibald Johnson, or any of them, (except as before
excepted) for the Satisfaction of his or their Debt or Debts, in such
Sort, Manner, and Form, as he or they might have done, if the said
Alexander Simms, and Archibald Johnson, or any of them, had not
been taken in Execution, or discharged by Virtue of the Act.
And be it Enacted, by the Authority aforesaid, That if any Action
of Escape be brought against any Sheriff, or any Suit or Action be
brought against any Justice or Justices, for performing their Office
in Pursuance of this Act, he or they may plead the General Issue, and
give this Act and the special Matter in Evidence, if the Plaintiff be
Nonsuit, or discontinue his or her Action, or Verdict passed against
such Plaintiff, or Judgment upon Demurrer, the Defendant shall have
and recover double Costs.
Provided also, That nothing in this Act shall extend, or be con-
strued to extend, to bar any Creditor or Creditors of the before men-
tioned Prisoners, or any of them, from having or maintaining any
Action of Escape against any Sheriff, who hath permitted any Escape
before the making of this Act.
Provided nevertheless, That in Case the said Alexander Simms,
and Archibald Johnson, or any of them, shall, at any Time after the
making such their Oath or Oaths, or taking such Affirmation as
aforesaid, be convict of wilful and corrupt Perjury thereupon, or of a

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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 565   View pdf image (33K)   << PREVIOUS  NEXT >>


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