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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 472   View pdf image (33K)
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472 Assembly Proceedings, May 24—June 22, 1768.

Liber H. S.
No. 1

said shall be first paid and satisfied for their Imprisonment ffees
before any Creditor or Creditors shall have or receive any Share
or Part of the Estates of the said Prisoners respectively or of the
Produce thereof

p. 712
[Notice to
be given of
the sale of
the Prison-
er's Estate,
&c.]

And be it further Enacted That after Publick Notice given by
Advertisements set up at the Court House Door of the County thirty
Days at the least of the Sale of any of the said Prisoners Lands and
five Days at the least of the Sale of any the said Prisoners other Estate
the said Sheriffs to whom any of the said Estates real or Personal
shall be surrendered and delivered up in Pursuance of this Act shall
set up and expose such Estates to Sale by way of Publick Vendue in
the Presence of one Justice of the Peace and the Produce arising by
such Sale shall be by the said Sheriffs in manner following paid and
satisfied (that is to say) after satisfaction of the aforesaid Imprison-
ment Fees that the Estate and Interest of the aforesaid Prisoners
respectively upon which their Judgment Creditors or any Claiming
or that shall Claim under them by Assignment or otherwise have
or shall have any Lien or the Produce thereof shall be in the first
place after satisfaction of the Sheriffs as aforesaid applied to the
discharge of the said Creditors according to the order and Priority
of their Judgments and the Lien arising therefrom and that the
residue of the Estate and Interest of the said Prisoners respectively
or the Produce thereof shall be distributed among all their Creditors
that shall apply therefor within thirty Days after the aforesaid Sale
in equal Proportion to their Demands

[Bonds, &c.
belonging to
the Prisoners
to be as-
signed to the
Sheriff]

And be it further Enacted that all the Accounts Bonds Notes and
other Demands which any of the said Prisoners have against any
Person or Persons whatsoever shall be by the said Prisoner or
Prisoners Assigned to the Sheriff in whose Custody such Prisoner
or Prisoners shall be at the Time of their discharge and that such
Sheriff or Sheriffs shall and may maintain an Action or Actions on
such Demands as Assignee of such Prisoner or Prisoners in his own
Name.

Provided always That Such Creditor or Creditors require and

demand such Sheriff to sue and give to such Sheriff a Bond to indem-
nify him against any charge that may accrue to him by means of any
such suit and in Case of Recovery that then the Sheriff make distri-
bution of what shall be recovered to the Person or Persons giving
him such security as aforesaid

[Prisoners,
if single, to
be sold for
Five Years]

And be it further Enacted by the Authority aforesaid that if any
of the Persons intended to be relieved by this Act are and shall be
of sufficient Ability of Body to Labour such Person or Persons not
having a Wife or Family shall be and are hereby obliged to serve
for a Time not exceeding five Years to any Person or Persons who
are and shall inclined to purchase the Time of Servitude of such
Debter or Debters and that the respective Sheriffs in whose Custody



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 472   View pdf image (33K)
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