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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 131   View pdf image (33K)
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Acts. 131


Debtors, have always been deemed the proper Objects of Publick
Compassion; for the Relief, therefore, of such unhappy Debtors,
who shall faithfully discover upon Oath, and deliver up and assign
all their Estates and Effects whatsoever, for the Benefit of their
Creditors,
Be it Enacted, by the Right Honourable the Lord Proprietary, by
and with the Advice and Consent of the Upper and Lower Houses
of Assembly, and the Authority of the same, That the several and
respective Justices of the several County Courts of this Province,
be, and are hereby impowered, authorized, and required, upon the
Petition to them preferred, of such poor Prisoner for Debt or Dam-
age, to be discharged, to call, and cause to come before them, or any
Three of them, whereof One to be of the Quorum, such Debtor or
Debtors, who at any Time after the End of this present Session of
Assembly, shall be actually in Prison, or Custody of any Sheriff or
Goaler within this Province, for any Debt or Damages, or upon any
Attachment or Execution, or any Process issued or issuing by any
legal Authority, for any Debt or Damages; as also the Sheriff or
Goaler, in whose Custody such Debtors are detained, with the Cause
of such Detainer; before which said Justices, or any Three of them,
as aforesaid, such Prisoner shall take the following Oath (or
Affirmation if a Quaker :)
I A. B. do, upon my corporal Oath, solemnly profess and declare
before Almighty God, that I have not any Estate Real or Personal,
in Possession, Reversion, or Remainder, of the Value of Forty Shil-
lings in the Whole, or sufficient to pay the Debt or Damages for
which I am imprisoned; and that I have not directly or indirectly at
any Time since the Debt or Damage aforesaid became due, 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, or defraud or deceive any Creditor
or Creditors whatsoever, to whom I stand indebted.

Session
Laws

Then, after taking such Oath, or Affirmation, as aforesaid, the
said Justices, as aforesaid, shall remand the Prisoner to Prison, and
shall give a Certificate in Writing under their Hands and Seals, to
such Prisoner, of his having taken such Oath, or Affirmation, as
aforesaid, before them, to be served upon, or left at the usual Place
of Abode, of such Person or Persons, or their Attorney or Agents, in
the County or Province, if not Resident, at whose Suit such Prisoner
standeth charged and imprisoned, thereby appointing as well the
said Person or Persons, as the said Prisoner, to appear before the
said Justices, at the next Court to be holden for the said County;
when if it shall appear upon Oath, (which Oath the Justices are
impowered to administer) the said Certificate was so served, or
left Forty Days or more, before the said Court; and that the said

p. 39



 
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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 131   View pdf image (33K)
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