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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 470   View pdf image (33K)
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470 Assembly Proceedings, May 24-June 22, 1768.

Liber H. S.
No. 1

real and personal Estate either in Possession Reversion Remainder or
in Trust or in or unto which they have any Claim or Interest what-
soever and likewise convey Assign Transfer and make over unto the
Sheriffs respectively for the Use of the said Creditors all such
their Estate Interest or Claim as aforesaid after such Manner as
by the said Sheriffs and by the Major Part of such Creditors or such
of them as shall think fit to direct therein or their Counsel Learned
in the Law shall reasonably devise or require at the Costs and Charges
of the Persons who shall Claim Benefit thereof so that the said
Prisoners be not burthened with any Warrantees thereby other than
against themselves or those Claiming by from or under them and
that the said Prisoners at the Time of such their Surrender and
Transfering their Estate as aforesaid shall take their Solemn Oaths
(or Affirmation if Quakers before the said two Justices aforesaid
to the Effect following Viz.t "I A B do Affirm or Solemnly Swear

[The Oath]

That the Goods Debts and Effects which I have delivered Assigned
and made over to the Sheriff of ————————— County in Trust
for the Use of my Creditors is the whole Estate both real and
Personal of my own in Possession or that I 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 of 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 to discharge the said Prisoners and suffer them
to go at large

p. 711
[To be dis-
charged from
future Ar-
rests on
Appearance,
&c.]

And be it further Enacted that if the said Prisoners or any of
them shall be arrested or Imprisoned on any Process Sued out on
any Judgment or Decree obtained against any of them for any Debt
Damages or Costs Contracted owing or growing due before the
End of this Session of Assembly the Court out of which such
Process issued shall and may discharge such Prisoner on Motion
And if the said Prisoners or any of them shall be Arrested or
Imprisoned on any Process for the Recovery of any Debt Damages
or Costs contracted owing or growing due before the End of this
Session of Assembly the Court or Justice before whom such Process
shall be returned shall and may discharge the Party Arrested out
of Custody on his or her common appearance being entered without
any Special Bail. 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.



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 470   View pdf image (33K)
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