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288 Assembly Proceedings, Oct. 2-Nov. 17, 1753.
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Liber H. S.
No.]
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. Warrantee thereby, other than from himself or those claiming by,
from or under him, and that the said Thomas Barkley, at the Time
of such his surrender and transferring his Estate as aforesaid, shall
take the following Oath, before the said Two Justices, to the Effect
following, viz. " I Thomas Barkley do solemnly swear, That the
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[The Oath.]
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Goods, Debts and Effects which I have delivered, assigned, and made
over to the Sheriff of Kent 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, Reversion or Remainder, (the necessary wearing Apparel
for myself excepted) and that I have not directly or indirectly, sold,
leased, or otherwise conveyed, disposed of, or intrusted, all, or any
Part of my Estate, thereby to defraud 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 Sheriff of Kent
County, after the End of the said Five Days, and the said Sheriff is
hereby required to discharge the said Thomas Barkley out of his
Custody, and to suffer him to go at large.
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p. 21
[To be dis-
charged from
future Ar-
rests on Ap-
pearance,
&c.]
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And be it further Enacted, That if the said Thomas Barkley, shall
hereafter 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, or any such Judg-
ment or Decree, or for any such Debt, Damage or Cost, it shall and
may be lawful for the Judges or Justices of the Court where any such
Process shall issue, upon shewing a Duplicate of the Discharge of
the said Thomas Barkley, being so arrested, to release and discharge
out of Custody the said Thomas Barkley, provided the said Thomas
Barkley being so arrested, shall and do enter his Appearance, or
procure some Attorney to appear to every such Action and plead
thereto. Provided, That the Discharge of the said Thomas Barkley
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 of this Act.
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[Debts to
stand good
in Case, &c.]
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Provided always, and be it Enacted, by the Authority aforesaid,
That notwithstanding the Discharge of the said Thomas Barkley,
all and every Debt or Debts, due and owing from him, and all and
every Judgment had, or Decree obtained against him, shall stand and
be good and effectual in Law, to all Intents and Purposes, against the
Lands, Tenements and Hereditaments, Goods and Chattels of the
said Thomas Barkley, and which he, or any other Person in Trust
for the Use of him, had at the Time of the Discharge of the said
Thomas Barkley, or which he or they at any Time hereafter shall
or may be any way seized or possessed of, or interested in, to his
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