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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 132   View pdf image (33K)
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132 Assembly Proceedings, March 13,1732/3-April 12, 1733.

Session
Laws

Oath taken by the said Prisoner, be not disproved by good and
sufficient Testimony; then the said Justices being satisfied therewith,
and that the Poverty and Inability of such Debtor, did not proceed
from their having been guilty of fraudulent and deceitful Practices,
shall direct their Warrant under their Hands and Seals, commanding
the said Sheriff, Coaler, or Keeper of the Prison, to set at Liberty
and discharge the said Prisoner, if imprisoned for the Causes afore-
said, and no other, without paying any thing for Imprisonment Fees
for the present; but the Sheriff or Coroner, shall be paid such Fees,
out of what shall arise by the Servitude of such Prisoner, if sold,
preferable to any other Creditor: Which Warrant shall be a suffi-
cient Discharge to the same Sheriff, Goalor, or Keeper of the Prison ;
and no Action of Escape, or other Action, shall be brought against
them, or any of them, for the same, in any wise.
And forasmuch as some Persons being Prisoners, and petitioning
as aforesaid to be relieved, cannot take the aforesaid Oath, or Affir-
mation, by Reason of their having some Estate, Goods, Debts, or
Effects, though not being sufficient to pay his or their Debts, which
the Prisoner or Prisoners are willing to yield, surrender, and give
up, to the Use of his or their Creditors, equally to be divided amongst
them, Be it therefore Enacted, by the Authority, Advice, and Con-
sent aforesaid, That any such Prisoner or Prisoners, that shall
actually yield, surrender, and give up, to the Use of all his Creditors,
equally to be divided amongst them accordingly, pursuant to the
Directions of this Act, in case such Prisoner or Prisoners, shall take
the tollowmg Oath or Affirmation to the same Effect :

I A. B. do solemnly swear, in the Presence of Almighty God, That
the Inventory by me delivered to the Sheriff of County, a
Copy of which Inventory I have now delivered to the Justices of
County Court, with my Petition to that Court, cloth contain a full
and just Account of my real and personal Estate, Debts, Credits,
Goods, and Effects, which I am ready to deliver up, assign, and
make over, to such Trustee or Trustees, as my Creditors shall think
fit to make Choice of, or in case my Creditors should not meet or
choose a Trustee, to the Sheriff of County, in Trust for the
Use of my Creditors, is 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, Debts, Credits, Goods, or Effects of any kind whatsoever
left, either in Possession, Reversion, or Remainder, (the necessary
wearing Apparel for my self, Wife, and Children, and the Tools or
Instruments of my Trade or Calling, not exceeding Ten Pounds
Current Money in Value, in the Whole, only excepted;) and that
I have not directly or indirectly, at any Time since my becoming so

p. 40

indebted, sold, leased, or otherwise conveyed, disposed of, or in-
trusted, all or any Part of my Estate, thereby to secure the same, to
receive or expect any Profit or Advantage thereof.



 
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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 132   View pdf image (33K)
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