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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 391   View pdf image (33K)
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Arts. 391


And be it further Enacted, That where any Person or Persons,
who shall not be arrested or taken as aforesaid, and against whom
such Judgment shall be rendered as aforesaid, and no Part of the

Session
Laws

Debt, Damage, or Cost is recovered, shall be levied or extended, if
such Person or Persons shall, within the Time aforesaid, make ap-
pear to the Provincial Court, that any Part of the Debt or Damage
recovered was satisfied and paid before such Recovery, that then, and
in all such Cases, the Provincial Court shall order a Rule to be made
and entered, to stay Execution, for such Part as shall be made ap-
pear to have been so satisfied and paid; any Law, Usage, or Custom,
to the contrary notwithstanding.
And be it Enacted by the Authority aforesaid, That all Bonds, or
other Obligations under Hand and Seal, shall be assignable from
one Person to another under Hand and Seal, and that the Assignee
in such Case, shall and may, by Virtue of such Assignment, main-

Order a
Rule to be
made to
stop
Execution.

tain an Action or Actions on such Bond or Obligation, in his or her
own Name, against the Obligor or Obligors therein named; and if it
shall happen, that such Obligor or Obligors shall be unable to pay
the Debt mentioned in such Obligation, or cannot be found in the
Place or County of his usual Abode, or any other Thing or Casualty
should happen, whereby the Assignee should not be able to receive
or recover his Debt from such Obligor or Obligors, that then, and
in every such Case, the like Action shall and may be maintainable
by such Assignee against the Obligee or Obligees in such Obligation
mentioned; any Law, Usage, or Custom, to the Contrary notwith-
standing.
Provided, That where any Debt shall be lost by the Negligence or
Default of the Assignee or Assignees, that the Assignor or Assign-
ors shall not be liable, any such Assignment notwithstanding.
Provided also, That the Assignor or Assignors shall make Oath
(or Affirmation, if a Quaker) before some Magistrate, that he, she,
or they, hath or have received no Part of the Sum mentioned in such
Obligation or but such Part thereof as shall be mentioned in such
Oath or Affirmation, at the Time of making any such Assignment,
to be Indorsed on such Bond or Obligation.

P. 7
Bonds,
or other
Obligations,
to be
Assignable
from one to
another.

And be it likewise Enacted, That any Person knowingly swearing
or affirming falsely in the Premises, and being thereof convict by due
Course of Law, shall suffer as in the Case of wilful and corrupt
Perjury.
And be it further Enacted by the Authority aforesaid, That an

False
Swearing
punished
as Perjury.

Attorney being concerned for either Plaintiff or Defendant, in any
Cause of Equity to be heard before the County-Courts aforesaid,
shall have and receive One Hundred Pounds of Tobacco for his Fee,
in any such Case.
This Act to continue for Three Years, and to the End of the next
Session of Assembly that shall happen after the End of the said
Three Years.

Attorneys
Fees 100 Ib.
of Tobacco.



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 391   View pdf image (33K)
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