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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 139   View pdf image (33K)
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Acts. 139


any Warranties thereby, other than from themselves, or those claim-
ing by, from, or under them; and that the said Prisoners, at the
Time of such their Surrender and Transferring their Estates as
aforesaid, shall take their solemn Oaths (or Affirmation if Quakers)
before the said Two Justices of the Courts of the Counties respec-
tively aforesaid, to the Effect following, viz. I A. B. do affirm or

Liber H. S.
No. i

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 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

[The Oath.]

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 Five Days, and the said Sheriffs are hereby required to
discharge the said Prisoners, 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
be imprisoned by Reason of any Judgment or Decree, obtained for

p. 329

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 upon 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 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,

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

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, and all and every Judgment had, or Decree obtained, against
him 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 or them, and which he or they,
or any other Person in Trust for the Use of him or them, had at

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



 
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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 139   View pdf image (33K)
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