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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 370   View pdf image (33K)
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370 Assembly Proceedings, 1694-1728.

Liber LL, 5
Acts

the whole Estate whether Real or personal which I have or have any
Title to in the world and that I have not any Estate Goods or Effects
of any kind whatsoever left either in Possession Reversion or
Remainder (the necessary wearing apparell for my self wife and
Children only excepted) and that I have not directly or indirectly
sold Leased or otherwise conveyed disposed of or intrusted all or any
part of my Estate thereby to Secure the same to receive or expect
any profit or advantage thereof " And shall and may be lawfull for
any such person or persons as aforesaid that shall be actually in
Prison for any of the Causes and in manner as afd at the next County
Court to be held for the County where such Debtors are in Prison
to Surrender up Assign in Trust and give an Account upon Oath to
the Justices of the said Court or any three of them as aforesaid of all
his Estate Real and personal according to the oath herein before
prescribed and declare his willingness to part with the same to be
equally divided amongst his or their Creditors towards Satisfaction
of their debts upon which Surrender it shall and may be lawful to and
for the said Justices or any Three of them as aforesaid and they are

p. 61

hereby impowered and required to cause notice to be given in manner
as before mentioned to all his or their Creditors to appear before the
said Justices at the next County Court to be held for that County
there to see such debtors Estate to be Inventoried Appraised & Val-
ued and render an Account to the said Justices of their debts due
from such debtors and after such appraisment the said Justices are
hereby impowered to sell the same by way of Auction or otherwise
as to them shall seem meet and the money or Tobacco arising by such
Sale equally to be divided by an equal proportion in the pound
amongst all the Creditors of such Debtors and that imediately upon
the Surrender up of the said debtors Estate as afd to the said Justices
the Body of such Debtor shall be discharged out of Prison and from
thenceforth be for ever free and clear from such Arrest for any Debt
by them Contracted before that time and that the Sheriff in whose
Custody such Debtors are or shall be at the time of the Surrender
shall not keep or detain any such debtors in Prison for any fees or
debt to them owing but shall be paid their debts or fees to them due
proportionably as other Creditors, and the said Justices are hereby
impowered to discharge such debtors out of Custody as aforesaid
by warrant under their Hands and Seals or the hands and Seals of
any Three of them as afd which warrant they are hereby required to
give to such Debtors or Prisoners without any fee or Reward save
only a small fee by the said Justices to be appointed and allowed
to be paid to the Clerk of the County Court for entring the Jus-
tices proceedings thereon
And be it further Enacted by the Authority Advice and Consent
aforesaid that all and every Sale or Sales that shall be made by the
said Justices as aforesaid of such Debtors Estate as aforesaid shall



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 370   View pdf image (33K)
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