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Liber R. G.
1773
[Trustees to
be on Oath,
&c.]
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any of the powers given by this Act (other than that of giving Notice
of the appointment as aforesaid) he shall take his solemn Oath (or
affirmation if a Quaker) before some Provincial or County Justice
any of whom are hereby impowered and required to Administer the
same well and truly to execute the Trust reposed in him according
to the best of his skill and understanding and the Justice who ad-
ministers such Oath or Affirmation is hereby required to endorse
and sign a Certificate thereof on the back of the said Trustees
Commission.
And Whereas it may often happen that Persons very Unsafe in
their Circumstances may be largely Indebted to or have in their
Hands Effects to Considerable Value of the Persons against whom
an Attachment may be hereafter issued as aforesaid and before the
said Debts or Effects can be secured for the Creditors in the Ordi-
nary Course prescribed by this Act the said Persons so indebted
may abscond and the Debts or Effects be entirely lost, For pre-
vention whereof,
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[Any unsafe
Person, in-
debted, &c.
to the Per-
son against
whom At-
tachment
shall have
issued, a
Writ of
Trespass
may be
issued
against him,
&c.]
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Be it Enacted That when any Attachment shall hereafter be
issued in Virtue of this Act upon application made by any Creditor
to a Justice of the Provincial or County Court it shall and may be
lawful for such Justice and he is hereby required on Oath or Affirma-
tion made by the Creditor that he verily believes or has good reason
to suspect that such unsafe Person is indebted to or Holds goods
or Effects in his or her Hands of the person against whom the said
Attachment shall have issued as aforesaid to the Value specified in
such Oath to give an order or Warrant under his Hand setting forth
such Oath and the sum or Value of the Debt or Goods believed or
suspected to be due or held directed to the Clerk of the Provincial
Court or County Court where such unsafe person shall reside to
Issue a Writ of Trespass on the Case against such unsafe person
to answer unto the Trustees to be appointed under the said Attach-
ment so issued; and the said Clerk shall and is hereby required to
indorse on the said Writ that the Sheriff shall hold the Defendant
to Bail in double the Sum so set forth in the said Justices Warrant
which said Indorsement the Sheriff is hereby obliged and required
to comply with And the said Defendant shall be obliged to give
special Bail to such writ which Writ and the proceedings thereon shall
be held and deemed to be as good and available in Law as if the Plain-
tiff were particularly named therein And the Trustees when appointed
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