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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 532   View pdf image (33K)
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532 Assembly Proceedings, Feb. 23-May 22, 1756.

Liber H. S.
No. 1

Time of such their surrender and transferring their Estate as afore-
said, shall take their solemn Oaths, (or Affirmation if Quakers),
before the said two Justices of the Courts of the Counties respectively
aforesaid, to the Effect following, viz. I A. B. do affirm, or solemnly

[The Oath.]

swear, That the Goods, Debts and Effects which I have delivered,
assigned, and made over to the Sheriff of County, and

p. 267

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, Wife and Children, and
working Tools 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 Sheriffs of the
Counties aforesaid, after the End of the said ten Days, and the
said Sheriffs are hereby required to discharge the said Prisoners
out of their Custody, and suffer them to go at large.

[To be dis-
charged
from future
Arrests on
Appearance,
&c.]

And be it further Enacted, by the Authority, Advice, and Consent
aforesaid, That if the said Prisoners, or any of them, 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 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
issue, upon shewing a Duplicate of the Discharge of the said Pris-
oners, 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,

[Debts to
stand good
in Case, &c.]

That notwithstanding the Discharge of the said Prisoners, or any of
them, all and every Debt or Debts, due and owing from him, her or
them, and all and every Judgment had, or Decree obtained, against
him, her or them, shall stand and be good and effectual in Law, to all
Intents and Purposes, against the Lands, Tenements and Heredita-
ments, Goods and Chattels, of him, her, or them, and which he, she
or they, or any other Person in Trust, for the Use of him, her or



 
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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 532   View pdf image (33K)
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