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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 418   View pdf image (33K)
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418 Assembly Proceedings, March 23- April 19, 1774.

Liber R. G.
1774

Goods or Chatties with such Insolvent Person shall thereafter
acquire or be possessed of by discent Gift devise Bequest or in a
Course of Distribution on any Judgment obtained against such
Prisoner without Previously prosecuting any writ of Scire facias
whereby the Balance only remaining due on such Judgment shall
be levied.

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

And be it enacted that if the said Prisoner shall be arrested or
imprisoned on any process sued out on any Judgment or decree
obtained against him or her for any debt damages or Costs con-
tracted owing or growing due before his or her discharge as afore-
said the Court out of which such Process issued shall and may
discharge such Prisoner on Motion and if the said Prisoner shall be
arrested or imprisoned on any process for the recovery of any debt
Damages or costs contracted owing or growing due before his or

her discharge as aforesaid 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 Provided that the discharge of the said
Prisoner shall not acquit any other person from such debt damages
or cost or any Part thereof but that all such persons shall be answer-
able for the same in such manner as they were before the Passing
this act

[Proviso, in
Case any
Creditor
shall allege
such Pris-
oner has
concealed
Part of his
Estate to
defraud his
Creditors.]

Provided always that in case any Creditor or Creditors of Such
Prisoner shall on the day appointed for the discharge of the same
Prisoner appear at the Prison or Court House aforesaid before the
said Justices before the same Prisoner is discharged and shall
alledge that such Prisoner hath either directly or indirectly sold
lessend or otherwise disposed of in trust or concealed all or any
Part of his lands Money Goods Stock Debts Securities Contracts
or Estate whereby to secure the same to receive or expect any Profit
or Advantage thereof or to deceive or defraud any Creditor or Cred-

p. 369

itors to whom such Prisoner is or shall be indebted and shall also
enter into a bond to such Prisoner in the Penalty of Fifty pounds
Current Money with Such Surety or Sureties as the said Justices
or any two of them shall approve conditioned to pay and satisfy all
damages and costs such Prisoner shall sustain or be put to by reason
of such Creditor or Creditors objecting against the said Prisoners
discharge and the same allegation being determined and adjudged
against the said Obligor and shall Lodge the said bond with the said
Justices then such Justices shall not grant any discharge of such
Prisoner but shall wholly stay any further Proceedings in order
thereto and return the said bond to their next County Court the
second day of the Sitting thereof at farthest And the Justices of
the County Court aforesaid shall and may hear and determine in a
Summary way such allegation of the Creditor or Creditors and if
the same shall be determined by the s:d Court against such Prisoner



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 418   View pdf image (33K)
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