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ROBERT EDEN, Esq; Governor.
under such commitment as aforesaid; and if it shall appear to the said
justices who shall attend, that such person hath been actually imprisoned
as aforesaid,
and it doth not appear to them, or any two of them, from the cause or causes
of his or her imprisonment, or by the allegation upon oath of the creditors,
or
some of the creditors of the said prisoner, that the whole of the debts
due and owing
from him or her amount together to two hundred pounds sterling money, or
the value thereof, then such prisoner may deliver to the said sheriff a
schedule of his
or her whole estate, debts and credits, and also deliver to the said justices
attending
a duplicate thereof; which schedule and duplicate shall be subscribed by
such
prisoner before the same justices, who shall thereto subscribe as witnesses;
and the
same justices, or any two of them, shall thereupon, at the request of such
prisoner,
administer to him or her the following oath or affirmation if a quaker,
that is to
say, " I, A. B. do affirm, or solemnly swear, that the schedule which I
have delivered
" to the sheriff of _____________________ county, doth contain a full account,
to
" the best of my knowledge and remembrance, of my whole estate both real
and
" personal, or that I have any title to or interest in, and of all debts,
credits and effects
" whatsoever, which I, or any in trust for me, have, or at the time of
my
" petition had, or am, or was in any respect entitled to, in possession,
remainder,
" or reversion; and that I have not, directly or indirectly, at any time
since my
" imprisonment, or before, sold, leased, or otherwise conveyed, disposed
of, or intrusted,
" all or any part of my estate, goods, stock, money or debts, thereby to
" defraud my creditors, or to secure the same to receive or expect any
profit or
" advantage thereof. So held me God." Which said duplicate
shall be by the
said justices transmitted to the clerk of their county court, to be by
him preserved
in his office, for the better information of the creditors of such prisoner. |
1774.
CHAP.
XXVIII. |
II. And be it
enacted, That all the real and personal estate of such prisoner,
either in possession, reversion, remainder, or in trust, for him or her,
or in or unto
which he or she has any claim or interest whatsoever, or which in any manner
may, can or might, be subjected to the payment or satisfaction of creditors,
and
also all causes of action whatsoever of such prisoner, other than for trespasses
on
his person, or for slander, shall be vested in the sheriff aforesaid; and
such sheriff
is hereby authorised, empowered, and required, to sell and convey the said
lands,
tenements and hereditaments, for such estate, use, interest, right, or
title, as aforesaid,
and also the said goods and chattels, to any person or persons whatsoever,
for
the best price that can be got for the same, upon a public sale, whereof
notice
shall be given by advertisement, set up at the court-house door, and other
public
places of the county where such lands, tenements, hereditaments, goods
or
chattels, shall lie or be found, twenty days at least before such sale,
and the balance
of the money arising by such sale, after deducting the sum of one shilling
and four-pence current money for each day he shall keep such prisoner in
his gaol,
and find him or her victuals, and also seven and an half per cent.
for his trouble in
the sale and conveyance of the prisoner's estate as aforesaid, shall apply
in manner
following, that is to say: The produce of that part of the estate
and interest of
the said prisoner, upon which his or her creditors, by judgments, if any,
or any
claiming, or who shall or may claim under them, who have or shall have
any lien
by assignment of such judgment, or otherwise, shall pay in or towards satisfaction
of the said creditors, according to the order and priority of their judgments,
or other
lien thereon, and the residue of the said balance shall pay and distribute
among all
the creditors of such prisoner who shall apply therefor within thirty days
after the
aforesaid sale, in equal proportion to their demands, early notice of such
design
being previously given by advertisements set up at the most public places
of the
county where such debtor resides, and likewise in the Maryland gazette;
and such
sheriff shall and may maintain an action, as assignee of such prisoner,
in his own
name, on and for any such cause of action as aforesaid: Provided,
that no judgement
hereafter to be rendered against any person applying to be discharged as
aforesaid, nor any process thereon, shall create any lien on the lands,
goods, or
chattels, of such person, whereby the creditor obtaining such judgment
shall or
may have any priority in the distribution of the money arising from the
sale of
such lands, goods or chattels, to be distributed as aforesaid. |
Prisoners estates,
&c. vested
in the sheriff,
&c. |
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