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633 Samuel Dyson Edward Gale and Thomas Porteus or the Survivors or Survivor of them within the aforesaid Space of one Month any of their Monies Debts or Effects to the Amount^mmount^ of twenty Pounds that then and in such Case the said Release and Discharge herein before mentioned from the Creditors parties hereto or executing hereof shall be null and void to all Intents and Purposes as if the same or these presents had never been executed And that it shall and may be lawful for all and every the others of such Creditors to commence and prosecute any Action or Suit against the said John Buchanan and Gilbert Buchanan or either of them for Recovery of all such Sum and Sums of Money as shall remain due to them respectively or or in respect of their or any of their whole Debts and no further or other Evidence shall be required from any such Creditor or Creditors in Order to make due Proof of their respective Debts then the producing of these Presents and making Affidavit or Affidavits of their respective Debts and every such Creditor so suing as aforesaid shall also be intitled to recover full Costs any Thing herein before contained to the contrary thereof in any Wise notwithstanding Provided also and it is hereby further declared and agreed by and between all and every the said Creditors executing these Presents and their true Intent and Meaning is that no one of the said Creditors shall be intitled to receive any Part or Share of the Goods Debts and Effects hereby assigned or intended so to be until such Time as every such Creditor shall if thereto required by the said John Rogers Abraham Dyson Richard Cooke John Worrall Edmund Lardner Samuel Dyson Edward Gale and Thomas Porteus or any of them first have made an Affidavit or Affirmation before one of the Masters of the High Court of Chancery or before some Justice of the Peace that his Debt is then justly due and owing and shall produce and deliver such Affidavit to the said John Rogers Abraham Dyson Richard Cooke John Worrall Edmund Lardner Samuel Dyson Edward Gale and Thomas Porteus or some of them if so required any Thing herein before contained to the Contrary thereof ^in any Wise^ notwithstanding Provided also and it is hereby further declared and agreed by and between all and every the said Creditors executing these Presents that if all the Creditors of the said John Buchanan and Gilbert Buchanan as Partners or otherwise as well Creditors by Bonds Notes or otherwise other than and except any such Creditors whose respective Debts shall not amount to the Sum of thirty pounds each shall not by themselves or some other Person thereunto lawfully authorized seal and execute these Presents on or before the first Day of June now next ensuing in Case all such Creditors shall be now in England but in Case such Creditors shall not happen at present to be in England then on or before the twenty fifth Day of December next ensuing then these Presents and every Thing (herein) |
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Provincial Court Land Records, 1770-1774
| Volume 726, Page 633 View pdf image |
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