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Proceedings and Acts of the General Assembly, October 25, 1711-October 19, 1714
Volume 29, Page 343   View pdf image (33K)
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Acts. 343


the Sheriff may levy such Part thereof, as the Creditor or
Plaintiff, or his Attorney in Fact or in Law, shall direct, such
Sheriff shall, within Three Days at farthest, cause such Goods
so taken to be appraised by Four substantial Freeholders of
his County, Two of them to be named by the Plaintiff, or his
Attorney at Law or in Fact, and Two by the Defendant, and
who are neither of Kin to the Plaintiff or Defendant, Creditor
or Debtor; who, upon their Oaths to be administred to them
by the said Sheriff, shall indifferently and justly value and
appraise the said Goods and Chattels so taken in Execution :
And the Sheriff thereupon shall give Notice to the Creditor,
or his Attorney at Law or in Fact, of the Value of the said
Goods; and also at the most publick Places in his County give
Notice, That, at a certain Day and Place by him to be ap-
pointed, not longer than Ten Days after such Appraisement,

Baskett

such and so many Goods of such Value are to be publickly
sold; and the said Sheriff shall by way of Outcry sell the same
to such Buyer as will give most for them, in part or in whole,
not being less than what such Goods were appraised and
valued at, as aforesaid: And if no Buyers offer at such Time
and Place, it shall and may be lawful for the said Sheriff to
deliver so much of the said Goods, as will amount unto the
Debt and Cost in such Execution, or Writ of Venditioni
exponas mentioned, to the Plaintiff, or his Attorney at Law or
in Fact, in Discharge of such Debt and Cost: And the said
Plaintiff or Creditor shall, and is hereby obliged to accept and
take the same at such Appraisement and Value, as aforesaid,
in Satisfaction of so much of his Debt, Damage, or Cost, as
such Goods amount unto; and if any Creditor or Plaintiff, or
his Attorney in Fact or Law, shall refuse or deny to accept
and take the same, such Sheriff is hereby authorized and
impowered to retain in his Hands, at such Plaintiff's or Credi-
tor's proper Risque, so much of the said Goods, as will Satisfie
the same, for such Plaintiff's or Creditor's Use, who shall pay
to such Sheriff all Costs and Charges he shall be at in keeping
and securing such Goods or Chattels; and the said Plaintiff
or Creditor shall have no other Action against such Sheriff,
than only for such Goods and Chattels so taken and retained,
as aforesaid: And such Sheriff shall give a full and sufficient
Discharge to such Debtor for so much of the Debt and Cost,
as such Goods by such Appraisement shall amount unto,
which shall be a sufficient Bar against such Plaintiff or Cred-
itor, and perpetually bar and hinder him from taking out any
other Execution against the Body, Goods or Chattels, Lands
or Tenements, of such Debtor, whose Goods and Chattels, as
aforesaid, have been taken in Execution, as aforesaid; Any
Law, Statute, Usage, or Custom to the contrary notwith-
standing.

p. 71



 
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Proceedings and Acts of the General Assembly, October 25, 1711-October 19, 1714
Volume 29, Page 343   View pdf image (33K)
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