152 Assembly Proceedings, July — August 1642.

Liber
C & W H

p. 87

be delivered to the Jury, in writing and the verdict returned
likewise in writing under neath it which shall be kept upon a
fyle by the Clerk of the Court for the justification of his Entry
And if the Judge find the Jury evidently partiall or will full he
may charge another Jury to enquire and try be the same evi-
dence and if they find contrary to the former Jury all the
former Jury may be fined at the discretion of the Judge This
Act to endure till the end of the next Assembly

An Act providing some rule for Executions

All Lands goods & Chattells executed upon by the Sherif
(other then Tobacco and necessary Clothing boding utensills
& tooles of the partie in execution) Shall be sold at an outcry
to such persons as the Sherrif will answere for or the Parties
interrested will accept And in defect of such then thy shall
be appraised by 3 men or the greater part of them whereof
one to be chosen by the Sherrif another by the owner and the
third by the Creditor and if they all differ that appraisment
shall stand which is made by him nominated by the Sherrif, or
else they shall be appraised by the Creditor (or some by him
appointed) and if the owner like them at that rate & pay or
secure the Creditor for them he may have them at that rate or
else may deliver them at that rate to the Credt^r And the
Parties recovering may have an injunction against any the
debtors of the party recovered upon to Command them to
pay such debts to the partie recovering & authorizeing his
discharge And if the debts be not due at the time the
Creditor may have an injunction to Stopp them in his hands
till further order from the party or the Court And it may be
enquired of any party by his oath what he oweth to the party

p. 88

recovered upon and the party recovering may be admitted to sue
any bill or Debt in name of the party recovered upon And if the
party recovering refuse to take any bill or debt as aforesaid in
paym^t The Sherrife shall cause the same to be appraised or sold
in like manner as is appointed for other goods And to party to
whose use such bills or debts shall be by such sale or purchase
applyed shall be admitted in any Court to all the same right and
to all the same Effects & constructions as the Partie him or her
self to whom the bill or debt was due And if there be not Suf-
ficient distresse of Lands debts nor goods as afores^d the body
of the Partie in execution shall be brought afore the Judge
there to be ordered as Justice shall require and if such party
had lived any time afore in the quality of a Servant labourer
artificer or other laborious art or profession whatsoever the
Judge may appoint him to some Corporall labour art or