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Acts. 423
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such Creditors, or of such of them as shall think fit to direct therein,
or their Council Learned in the Law, shall reasonably devise or re-
quire, at the Costs and Charges of the Persons as shall claim Benefit
thereof, so as the said Prisoners be not burthened with any Warran-
ties thereby, other than from themselves or those claiming by, from
or under them, and that the said Prisoners, at the Time of such their
Surrender and Transferring their Estate as aforesaid, shall take
their solemn Oaths (or Affirmation if Quakers) before the said Two
Justices of the Courts aforesaid, to the Effect following, Viz.
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Session
Laws
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I A. B. do Affirm, or solemnly Swear, that the Goods, Debts and
Effects which I have delivered, assigned, and made over to the Sheriff
of County, and in Trust for the use of my Creditors, is the
whole Estate both Real and Personal of my Own in Possession or
have any Title to in the World, and that I have not any Estate, Goods
or Effects of any kind whatsoever, left either in Possession, Rever-
sion or Remainder (the necessary Wearing Apparel for my self,
Wife and Children, and Working Tools, excepted) and that I have
not directly or indirectly, sold, leased, or otherwise conveyed, dis-
posed of, or intrusted, all, or any part of my Estate, thereby to de-
fraud my Creditors, or to secure the same to receive or expect any
Profit or Advantage thereof. So help me God.
It shall and may be lawful for the Sheriffs of the Counties afore-
said, after the end of the said Twenty Days, and the said Sheriffs
are hereby required to Discharge the said Prisoners out of their Cus-
tody, and suffer them to go at large.
And be it further Enacted by the Authority, Advice, and Consent
aforesaid, That if the said Prisoners, or any of them, shall hereafter
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Oath.
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be Imprisoned by reason of any Judgment or Decree obtained for the
Payment of any Debt, Damage or Cost, contracted, occurred, or
occasioned, owing or growing due before the end of this Session of
Assembly, upon every such Arrest, on any such Judgment or Decree,
or for any such Debt, Damage or Cost, it shall and may be lawful
for the Judge or Justices of the Court where any such Process shall
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p. 37
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issue, upon shewing a Duplicate of the Discharge of the said Prison-
ers, or any of them, being so Arrested, to release and discharge out
of Custody the said Prisoners, or any of them, provided the said
Prisoners, or either of them, being so Arrested, shall and do enter
his or their Appearance, or procure some Attorney to appear to every
such Action and plead thereto, provided that the Discharge of the
said Prisoners, or any of them, shall not acquit any other Person
from such Debt, Damage or Cost, or any part thereof, but that all
such Persons shall be answerable for the same in such manner as
they were before the Passing this Act.
Provided always, and be it Enacted by the Authority aforesaid,
That notwithstanding the Discharge of the said Prisoners, or any of
them, all and every Debt or Debts, due and owing from him or them,
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To be dis-
charg'd
from future
Arrests on
appearance,
&c.
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