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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 411   View pdf image (33K)
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Acts. 411


or decree obtained against him for any debt damages or costs con-
tracted owing or growing due before the end of this Session of
Assembly the court out of which such Process issued shall and may
discharge the said Henry Gassaway on Motion and if the said
Henry Gassaway shall be arrested or imprisoned or any Process
for the recovery of any debt damages or costs contracted or grow-
ing 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 said Henry Gassaway out of Custody on his Common
appearance being entered without any Special Bail

Provided that the discharge of the said Henry Gassaway shall
not acquit any other Person from such Debt Damages 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 this act
Provided always and be it Enacted that notwithstanding the dis-
charge of the said Henry Gassaway all and every debt or debts
due and owing from him and all and every Judgment had or
decree obtained against him shall stand and be good and Effectual
in Law to all intents and Purposes against the land Tenements and
Hereditaments goods and Chattels of him the said Henry Gassa-
way and which he or any other person in trust for the use of him
the said Henry Gassaway had at the Time of the discharge of the
said Henry Gassaway or which he at any Time hereafter shall or
may be any ways seized or Possessed of or interested in to his
own use or in his own Proper right either in Law or Equity by
descent, devise bequest, Gift or in a Cause of Distribution (except
the wearing apparel of him his wife and Children not exceeding
twenty four pounds current Money) and it shall and may be law full
for any of his Creditors their Executors Administrators or Assigns
to take out new Execution or Executions without any Scire facias
previous thereto against him — the lands Tenements or other Here-
ditaments Goods or Chattels of the said Henry Gassaway by descent,
Devise, bequest, Gift or in a Course of distribution (except as before
excepted) for the Satisfaction of his her or their Debts in such sort
manner and form as he she or they might have done if the said
Henry Gassaway had not been taken in Execution or discharged by
Virtue of this Act

Liber R. G.
1774

And be it further Enacted that if any Action of Escape be brought
against the Sheriff or any Suit or Action against any Justice or
Justices for their Performing their duty in Pursuance of this Act
he or they may plead the general Issue and give this Act and the
Special Matter in Evidence and if the Plaintiff be non suit or dis-
continue his Action or Verdict pass against such Plaintiff or Judg-
ment upon demurer the defendant shall have and recover Double
Costs Provided also that nothing in this act shall extend or be con-
strued to extend to bar any Creditor or Creditors of the before men-

p. 360



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 411   View pdf image (33K)
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