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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 556   View pdf image (33K)
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556 Assembly Proceedings, 1714-1726.

Session
Laws

House, the Debtor being a Resident of the same County; and where
the Creditor resides in another County, then the Commodities afore-
said, to be delivered at the Sheriff's House, or where he shall direct
in his County, not being more Inconvenient to the Debtor than the
Sheriff's House; and that upon the Creditor's refusing to take the
said several Commodities at the Prices aforesaid; then it shall and
may be lawful to and for the Sheriff in whose Custody the Debtor
is, and such Sheriff is by this Act required to receive and take of the
said Debtor (his Prisoner) the several Commodities aforesaid, or
so many of them being of the Growth of this Province as the said
Debtor (his Prisoner) shall offer to him, in the full Value of the
Debt and Costs, and shall forthwith set at large and discharge the
said Debtor from his Imprisonment; and such Creditor or Creditors
shall have no other Action against such Sheriff but for the Com-
modities so as aforesaid received, paying to the Sheriff his Fees for
taking the said Commodities.
Provided, that this Act nor any Thing therein contained, shall be
adjudged to extend to the Payment of any Bills of Exchange, that
have been, or shall be drawn on any Person not residing within this
Province, and that shall be protested, to whomsoever the same be
payable, nor to any Sum of Money or Bills of Exchange, really and
bona fide borrowed; nor to the Forty per Pole, the Publick or
County Levy: But in all such Cases, they shall be as they were be-
fore the making of this Act; any Thing in this Act to the contrary,
notwithstanding.

p. 235

Provided, that no Debtor shall be entituled to the Benefit of this
Act, that shall not swear, or if a Quaker take the Solemn Affirma-
tion prescribed by Law, before one Provincial or County Justice,
that he or she hath not, nor can reasonably procure the Specie due
to the Creditor or any Part thereof, more than he or she is ready to
pay.
And be it further Enacted, that where any Person shall be Exe-
cuted for any Officers or Attorneys Fees, in Case such Person shall
make Oath, or if a Quaker makes his Solemn Affirmation accord-
ing to Law, that he hath not, nor can reasonably procure the Species
due to such Officer, or any Part thereof, more than he is ready to
pay, nor hath sufficient thereof to satisfie such Officers Fees at any
Time, from the First Day of October then last past, except what
has been taken from him for other Debts due by Execution; it shall
and may be lawful for such Person to Pay and Discharge such Fees
in the several Commodities aforesaid, at the Rates and in the Man-
ner aforesaid.
Provided, such Debtor shall cause such Commodities to be deliv-
ered at such Officer's Dwelling-House, if in the County where such
Creditor and Debtor both reside, or such other convenient Place
within the same County where the Creditor, or (on his refusal)



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 556   View pdf image (33K)
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