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Debtors: And after such Appraisement, the said Trustee or Trus-
tees, or Sheriff, are impowered to sell the same, by way of Auction, or
otherwise, as to them shall seem meet. After which Assignment
and Conveyance, it shall and may be lawful, to and for the said
Justices, in case it appears to them, that the Poverty and inability of
such Prisoners proceeded rather from the Causes mentioned in the
Preamble, than fraudulent and deceitful Practices, by Warrant,
under their Hands and Seals, to direct the said Sheriff to discharge
such Prisoner or Prisoners; which said Sheriff shall forthwith ac-
cordingly discharge the same from his Custody.
And be it further Enacted, by the Authority aforesaid, by and
with the Advice and Consent aforesaid, That all and every the
Estate, Real or Personal, of such Prisoners, or every Sum or Sums
of Money, or Quantities of Tobacco, that shall or may be raised
by Servitude, Sale of such Real or Personal Estate, if sold by Virtue
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Laws
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of this Act, shall be distributed and paid, by the Trustees, Sheriff,
or Coroner, to and amongst the Creditors, in Proportion to their
Debts, after Deduction of the Fees due to the Sheriff or Coroner, for
serving the Execution or Imprisonment Fees, which shall be paid
in the first Place to the said Sheriff, or Coroner.
Provided always, That this Act shall not extend to discharge any
Person from any Debt due to, or Suit of, the Crown, or from any
Debt or Damage due to, or claim from, the Lord Proprietary, for his
own Use or Benefit.
And be it further Enacted, by the Authority, Advice, and Con-
sent aforesaid, That all and every Sale, or Sales, that shall be made
by the said Trustee, or Trustees, Sheriff, or Coroner aforesaid, of
such Debtors Estate, as aforesaid, shall be good and valid in Law ;
and bar the Debtor, and his and their Heirs, and all others claiming
under them, to all Intents, Constructions, and Purposes whatsoever.
And be it further Enacted, That no Prisoner shall be discharged
out of Prison, until he shall declare upon Oath or Affirmation, as
aforesaid, before the Justices as aforesaid, what Debts are owing to
him, or them, to the best of his or their Remembrance, a Schedule
whereof shall be made by the said Justices, or Clerk of the County
Court; and the Creditors or such of them as will join, shall be, and
are hereby impowered to sue for the same, in the Prisoner's Name,
saving him harmless from all Cost and Damages; and after Recovery
of all or any such Debts, they shall be by the said Trustee, or Trus-
tees, or Sheriff aforesaid, applied towards Satisfaction of such
Creditors who sued, or was at the Charge of recovering the same.
Provided nevertheless, and it is the true Intent and Meaning of
this Act, That if any Person, or Persons, not having Wife or Chil-
dren to maintain, being Prisoners, as aforesaid, and petitioning to
be relieved by this Act, shall be of an handy-craft Trade, and of
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p. 42
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