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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 411   View pdf image (33K)
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Acts. 411


Be it Enacted by the Right Honourable the Lord Proprietary by
and with the advice and Consent of his Governor and the Upper
and Lower Houses of Assembly and the Authority of the same
that from and after the first day of December next whenever it shall
happen that any Person whatsoever of this Province being indebted
within this Province shall actually run away abscond or fly from
Justice or secretly remove him or herself from his or her place of
abode or shall remove or be about to remove any of his or her
Effects with Intent to defraud his or her Creditors any one Creditor
to whom the said absconding Person is indebted in the sum of fifty
Shillings Current Money or four hundred Pounds of Tobacco or
upwards over and above all discounts may make application to any
Provincial or County Justice and on such Creditors making Oath
or affirmation if a Quaker that the said absconding Person is bona
fide indebted to him or her in the sum of over
and above all Discounts and at the same Time producing the Bond
or Bonds Bill or Bills Protested Bill or Bills of Exchange Promissary
Note or Notes or other Instrument or Instruments of Writing

Liber R. G.

1773
[If any Per-
son indebted
absconds or
removes his
Effects, &c.
One Creditor
may apply
to a Pro-
vincial or
County Jus-
tice, &c.]

Account or Accounts by which the said absconding Person is so
indebted which Probate or Affirmation as aforesaid shall be indorsed
thereon and the said Creditor also making Oath or affirmation as
aforesaid that he or she doth know or is credibly informed and
verily believes that the said absconding Person is actually run away
or fled from Justice or removed from his or her Place of abode or
hath removed or is about to remove some of his or her Effects with
an Intent to Injure and defraud his or her Creditor or Creditors of
their just dues which departure or runing away or removal or attempt

p. 188

to remove Effects shall also be proved by one other credible Witness
the said Provincial or County Justice on such Oath or Affirmation and
such other proof made shall be and is hereby fully authorized and
required forthwith to issue his Warrant to the Clerk of the Pro-
vincial or County Court (as the Case may require) to issue an
Attachment or Attachments pursuant to this Act upon the receipt
of which Warrant together with the proofs on which the same was
granted and not otherwise the Clerk of the Provincial or County
Court as the case may require shall issue a Writ of Attachment
if in the County Court to the sheriff of that County if in the Pro-
vincial Court to the Sheriff or Sheriffs of the County or Counties
where the Goods Chattels Books Papers or Effects of such abscond-
ing Person shall be suggested to be by such Creditor to Attach seize
take and safely keep all the whole Personal Estate of the said ab-
sconding Person of what kind or nature soever and every or any
part thereof in the said Sheriffs Bailiwick or Bailiwicks respectively
to be found with all Evidences Books of Accounts and papers re-
lating thereto which Writ or Writs of Attachment so to be issued
the respective Sheriff or Sheriffs to whom the same shall be directed

[Who is to
issue his
Warrant to
the Clerk,
&c. to issue
a Writ of
Attachment
to the Sher-
iff, &c.]



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 411   View pdf image (33K)
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