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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 30   View pdf image (33K)
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30           An Abridgment of the Laws of

    IX.  The Justices before whom such Judgment shall be
confest, shall return it to the Clerk of the Court where
the first Judgment was obtained, to be entred upon Record.
And after the said 10th day of October, it shall
be lawful to take out Execution against the Principal or
Securities, without any Scire facias or any other delay.

                Executors, tc.

    I.  An. 7. W. & M. 1699. p. 30.  No Executor or Administrator
shall be lyable to pay or satisfie Debts contracted
out of this Province, Debts due to the Crown
only excepted, before Debts due within this Province
shall be paid and satisfied.
    II.  But if an Executor, &c. hath due knowledge and
cognizance, upon due Proof, of a foreign Debt of a higher
nature, as Statute Merchant, Judgment, Bond, &c.
and shall have paid Debts of an inferiour nature, not
recovered against him by due course of Law, or suffered
Judgment to go against him without pleading such Foreign
Debt in stay of Judgment, such Executor, &c. not
having Assets, the Court before whom such Action is
brought shall give Judgment against him de bonis proprijs,
as the Law in that case directs.
    III.  No Bond, Bill or Obligation under Hand and
Seal of any Inhabitant of this Province, that shall not
be renewed within 5 years successively, shall be
suable or impleadable in any Court of this Province,
Debts due to the King, Bonds given in any Office,
Debts due to any person under Age, or of non sane Memory,
or beyond the Seas, only excepted.
    IV.  This Act shall not be construed to give any
advantage or benefit to persons flying out of this Province,
and not returning within 5 years, any thing herein
before contained notwithstanding.

                        Exportation.

    I.  An. 6. W. & M. 1694. p. 22.  Any person intending
to depart this Province, shall first give notice of the
same, by setting up his or her name at the Secretary's

 

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 30   View pdf image (33K)
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