|
|
492 Assembly Proceedings, May 8-June 2, 1750.
|
|
|
Liber B. L. C.
|
thereof; and if any Sheriff shall refuse or delay to make Payment
accordingly if required, he or they so refusing or delaying shall for-
feit and pay to the Party grieved double the Value of the Tobacco
so refused and delayed to be paid, to be recovered with Costs, if the
Party Creditor only inclines to sue the Sheriff; or otherwise, if he
sues his Bond, in this Case the Creditor shall only take his Debt,
Interest and Costs out of the Sheriff's Bond that shall be sued."
And forasmuch as there is not any Provision made therein, in case
it should happen that any the Inhabitants of this Province should
endeavour to conceal themselves, or remove their Effects, so that at
the Time mentioned therein their Goods or Persons should not be
forthcoming, to answer the said Sheriffs for Public or County
Levies, Parochial Charges, Officers and Lawyers Fees, or other
Claims due from such Person to any Sheriff, on Accounts delivered
before the twentieth of February yearly: For Remedy whereof for
the future,
|
|
|
[Sheriffs im-
powered to
distrain, on
Suspicion
that any
Person is
going Clan-
destinely to
withdraw
himself or
Effects.]
|
Be it likewise Enacted, That it shall and may be lawful for any
the Sheriffs within this Province, and they are hereby directed and
required, at any Time between the twentieth Day of February and
the tenth Day of June next following, on Notice being to them
respectively given, that any or either of the Inhabitants of the re-
spective Counties, who is indebted to them respectively as aforesaid
(for which an Account hath been before the said twentieth Day of
February delivered to, or left at the Dwelling-House of the said
Party) , that the said Party is about to withdraw, or hath withdrawn
himself or his Effects, from the Place of his or her Residence,
whereby the said Sheriff may be hindred from executing the same
according to Law; that then and in such Case it shall and may be
lawful for the said Sheriff to apply himself to any Magistrate of the
County; and on such Sheriff's Application to, and on Oath made by
the said Sheriff or some other credible Person before the said Magis-
trate, that the Sheriff, or such Person, is informed and verily be-
lieves that such Debtor is about to withdraw, or hath withdrawn
him or herself, or his or her Effects, out of the said County, and
thereby prevent the said Sheriff from executing such Debtor, or his
or her Effects, for the Tobacco or Money so as aforesaid due to him ;
which Oath shall be made in Writing, and left with the said Magis-
trate, and by him returned to the next County Court; and the said
Magistrate shall then give the said Sheriff a Warrant from under
his Hand and Seal, and thereby direct and impower the said Sheriff
to levy the Tobacco or Money, so as aforesaid due to him, in the
|
|
|
p. 514
|
same Manner as he might do by the recited Act aforesaid, after the
said tenth Day of June; all which the said Sheriff shall do by Virtue
of his Office, without any Execution Fee.
|
|
|
[ Proviso.]
|
Provided nevertheless, And it is the true Intent and Meaning of
this Act, That if any Debtor as aforesaid absconding, or about to
|
|
|
|