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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 137   View pdf image (33K)
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Acts. 137


his or their said Debt, in such Sort, Manner, and Form, as he or they
might have done, if the Person or Persons of the said several Pris-
oners, so discharged as aforesaid, had never been taken in Exe-
cution; any Act, Statute, or Custom to the contrary, not-
withstanding.

And for the better Discovery and Application of the Lands and
Effects, which such Debtors may after their Discharge, and by Vir-
tue of this Act, obtain and acquire, according to the true Intent and
Meaning of this Act :
Be it therefore Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That on Application of any
Creditor or Creditors, of such Debtor or Debtors, to the Justices of
any County Court in this Province, it shall and may be lawful, to and
for such Justices, to compel such Debtor, or any other Person, if
Resident in the County, by Summons or Attachment, to appear
before them, and answer upon Oath, or Affirmation if a Quaker,
to such Questions as may be asked them, which may conduce to the
Discovery of such Lands or Effects; and the Answers to be made
to such Questions, shall be recorded, in the Records of the County
Court, where such Questions shall be asked; and shall be allowed
as Evidence, in any Court of this Province, where any Suit shall
be allowed as Evidence, in any Court of this Province, where any
suit shall or. may be commenced or prosecuted, for the Recovery of
such Lands or Effects, for the Benefit of the Creditors.
And be it further Enacted, by the Authority, Advice, and Consent
aforesaid, that in case the Sheriff, or any other Person concerned
in the Execution of this Act, shall be sued for any Matter or Thing

require of them, or either of them, to be done, by Virtue of this

Act, that then the said Sheriff, or other Person whom it may con-
cern, may enter a common Appearance, without special Bail, to any
such Action or Actions as shall be brought against them, or any
of them, and plead thereto the general Issue, and give this Act, and

Session
Laws

the special Matter therein, in Evidence; and that in case the Plantiff
or Plantiffs commencing or bringing such Action or Actions, as
aforesaid, shall be nonsuited, have a Verdict pass against him, or
discontinue his Action, the Defendant shall recover against him or
them, double Costs of Suits; any Law, Statute, Usage, or Custom
to the contrary, notwithstanding.

Be it further Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That such Prisoner who shall
not make a full and exact Discovery, upon any of the Oaths afore-
said, of his or her Debts, Effects, Lands, Tenements, and Heredita-
ments, as aforesaid, shall upon legal Conviction be adjudged a Felon,
and suffer Death, without Benefit of Clergy.

p. 44



 
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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 137   View pdf image (33K)
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