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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 403   View pdf image (33K)
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Acts. 403


whatsoever 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 transferring their Estate as aforesaid shall take their Solemn
Oaths (or Affirmation if Quaker) before the said two Justices afore-
said to the Effect following Viz.t I. A. B. do affirm or solemnly

Liber R. G.
1774

Swear That the Goods Debts and Effects which I have delivered
assigned and made over to the Sherriff 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 to my knowl-
edge any title to in the World and that I have not any Estate Goods

[The oath.]

or Effects of any kind whatsoever left either in Possession Re-
version or Remainder the necessary wearing Apparel of myself
Wife and Children And working tooles 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. 351

And be it enacted that if the said Prisoners or any of them shall
be arrested or imprisoned on any Process sued out on any Judg-
ment sued out 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 Pro-
vided 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 of this Act

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

Provided always and be it enacted that notwithstanding the dis-
charge of the said prisoners or any of them all and every debt or
debts due and owing from him her or them and all and every Judg-

[Debts to
stand good in
Case, &c.]



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 403   View pdf image (33K)
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