Preamble.
An Provincial
or COunty
Justice,
(being informed
on
Oath, &c.
that any
Debtor hat
run away,
&c.) may issue
his Warrant
to the
Clerk to issue
Attachment
for the Debt
so proved,
&c.
To be proceeded
on as
directed in
1715, ch. 40.
The Creditor
producing any
Bond, Bill,
&c. shall
make Oath to
the Sum due
thereon. |
WHEREAS divers persons being indebted to several of the Inhabitants
of this Province, and others his Majesty's Subjects have
Runaway, without making any Satisfaction to their Creditors,
and either carried their Substance with them, or lodged the same in
the
Hands of some persons in trust to their own use, or made secret and
fraudulent
Sales thereof, to the great Prejudice of Creditors, and the Discouragement
of Trade: For Remedy whereof,
II. Be it Enacted,
by
the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's Governor, and the
Upper and Lower
Houses of Assembly, and the Authority of the same, That when,
and as often as
any Provincial Justice, or Justice of the Peace, shall be informed
upon Oath,
by the Testimony of one creditable Witness, or by any other probable
Way,
that any person or Persons, is or are actually run away or removed
in a secret
Manner, from the Place of his, her, or they abode, and shall have carried,
or
shall be about to remove and carry away any part of his, her, or their
Substance,
to deceive his, her, or their Creditors, or abscond or fly from Justice,
that it shall and may be lawful for such Justice, upon Application
to be made
to him, by any Creditor or Creditors of such Runaway or Absconding
Person;
and making it appear to such Justice, that such Runaway or Absconding
Person, is really and bonâ fide indebted to the person
or Persons making such
Application, and in how much, it shall and may be lawful for such Justice,
to issue his Warrant to the Clerk of the County Court, or Provincial
Court,
as the Case shall require, to issue Attachment for what such Creditor
or Creditors
shall make appear to be due or owing to him, her or them as aforesaid:
By Virtue of which Warrant, and this Act, it shall and may be lawful
for
every such Clerk, to issue Attachment or Attachments in the usual Form,
for
the Debt or Damage that shall be so proved, and the incident Cost and
Charge for such Creditor or Creditors, against such Runaway or Absconding
Person; to be directed to the Sheriff or Coroner, as the Case shall
require:
Any Law, Usage or Custom, to the contrary notwithstanding.
III. And be it
further Enacted,
That the same Proceedings shall be had
on all Attachments to be so issued, and Security given on Condemnation
of
any Effects that shall be so attached, as are directed by the Act for
regulating
Attachments, and limiting the Extent of them, on Attachments to be
issued
by Virtue thereof.
IV. Provided
always,
That when any Creditor shall produce any Bond,
Bill, protested Bill of Exchange, Promissary Note, or other Obligation,
Writing or Instrument, under the Hand and Seal, or Hand, of such Runaway
or Absconding Person, such Creditor shall make Oath, or Affirmation
(if a Quaker) that the whole Debt, or Part thereof, mentioning particularly
what part (if any payment hath been, or shall be made of any part)
remains |
