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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 32   View pdf image (33K)
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32           An Abridgment of the Laws of

and for not so doing, the said Bond or Writing Obligatory
shall be void and of no effect, and the Officer that took
the same shall for ever be debarr'd of suing any Action
for the recovery of the Debt.
    II.  Whereas Officers are debarr'd from taking Bills
upon any pretence whatsoever while they remain in
Office, to the end they may receive no damage by the Act
of Limitation of Actions, the time the said Officers remain
in Office shall not be accounted in the Act of Limitation.
    III.  No Sheriff shall exact or take more than 20 l. of
Tobacco per day of any Prisoner, tho he lyes for the
satisfaction of several Judgments, under the penalty
of the Act for settling Officers Fees.  Vid. Tit. Fees.

                    Evidence.

    I.  An. 4. W. & M. 1692. p. 1.  All Debts of Record
by Judgment, Recognizance, or Deed Enrolled, the
Exemplification thereof under the County Seal where
the said Judgment was given, or Recorded, shall be sufficient
Evidence to prove the same.
    II.  All Debts by Bonds, Bills, Accounts or otherwise,
that shall be sent hither to be put in suit against any
person residing within this Province, shall be proved by the
Oaths of Witnesses thereunto, by a Notary Publick of the
County from which the said Bonds, &c. shall be sent,
at which time, and before the Notary, the Creditors shall
declare upon Oath likewise, that neither the said Debt
nor any part thereof is satisfied, and that there is no
Account between the said Creditor and Debtor, and that
the Creditor hath not given the Debtor any release; all
which is to be sent under the Hand and Seal of the said
Notary.  This, if the Creditor refuses or neglects to perform,
the other matter certified by the Notary shall not
be received as Evidence to prove the Debt.
    III.  If an Executor or Adminstrator sue such Bond,
&c. he shall in like manner, before such Notary, or other
Officer to that purpose appointed, set forth upon Oath
whether he hath not heard the Creditor in his life
time acknowledge the Debt to be satisfied, or whether
upon viewing the Creditors Books or Writings,
he hath not seen Credit given to the Debtor since
the date of the said Bonds, &c. all which in like manner
is to be certified by the Notary, and sent with the

 

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 32   View pdf image (33K)
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