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Proceedings and Acts of the General Assembly, 1769-1770
Volume 62, Page 448   View pdf image (33K)
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448 Assembly Proceedings, November 5-21, 1770.

Liber R. G.
1770
[In case of
Perjury.]

Provided Nevertheless that in case any of the said Prisoners shall
at any time after making such Oath or Affirmation as aforesaid be
convict of wilful and corrupt Purjury thereupon or of a Wilful
Breach or Noncompliance with the Tenor of such Oath or Affirma-
tion as aforesaid that then the said Prisoner shall upon such Con-
viction as aforesaid be Wholy deprived of any Benefit intended to
him her or them by this Act and shall from thenceforth be Liable to
be prosecuted for any Debt or Demands whatsoever in the same
Manner as if this Act had never been made anything to the Contrary
Notwithstanding.

[Sheriffs
Fees to be
First Paid.]

Provided also that the respective Sheriffs of the Counties afore-
said shall be first paid and Satisfied for their Imprisonment Fees
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

[Notice to
be given of
the Sale of
the Prison-
ers Estates,
&c.]

And be it further Enacted that after Public Notice given by Adver-
tisements 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 any of the said Prisoners other Estate the said
Sheriff 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 Public 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 Satis-
fied that is to say after Satisfaction of the aforesaid Imprisonment
Fees that the Estate and Interest of the aforesaid Prisoners respec-
tively 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 Portion 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 Prison-
ers assigned to the Sheriff in whose Custody such Prisoner or Prison-
ers shall be at the time of their discharge and that such Sheriff or

p. 97

Sheriffs shall and may maintain an Action or Actions on such
Demands as Assignee of such Prisoner or Prisoners in his Own
Name

[Proviso.]

Provided always that such Creditor or Creditors require and De-
mand such Sheriff to sue and give to such Sheriff a Bond to indem-



 
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Proceedings and Acts of the General Assembly, 1769-1770
Volume 62, Page 448   View pdf image (33K)
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