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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 369   View pdf image (33K)
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Acts. 369


Goaler in whose Custody such debtors are detained with the cause of
such the detainer, before which said Justices or any three of them
as afd such Prisoner shall take the following oath (or Affirmation
if a Quaker) " I A. B. do upon my Corporal Oath Solemnly profess
and declare before Almighty God that I have not any Estate real or
personal in possession Reversion or Remainder of the Value of forty
Shillings in the whole or Sufficient to pay the debt or damages for
which I am imprisoned and that I have not directly or indirectly
Sold Leased or otherwise Conveyed disposed of or intrusted all or
any part of my Estate thereby to secure the Same to receive or
expect any profit or advantage thereof or defraud or deceive any
Creditor or Creditors whatsoever to whom I stand Indebted "
Then after the taking such Oath or Affirmation as aforesaid the
said Justices as aforesaid shall remand the Prisoner to Prison and
shall give a Certificate in writing under their hands and Seals to such
Prisoner of his having taken such Oath or Affirmation as aforesaid
before them to be served upon or left at the usual place of abode of
such person or persons or their Attorneys or Agents in the County or
province if not Residents at whose suit such Prisoner standeth
charged and imprisoned thereby appointing as well the said person
or persons as the said Prisoner to appear before the said Justices at
the next Court to be holden for the said County when if it shall ap-
pear upon Oath (which Oath the Justices are impowered to adminis-
ter) the said Certificate was so served or left forty days or more
before the said Court and that the said Oath taken by the said Pris-
oner be not disproved by good and Sufficient Testimony then the said
Justices being Satisfied therewith shall direct their warrant under

Liber LL, 5
Acts

their hands and Seals commanding the said Sheriff Goaler or Keeper
of the Prison to sett at Liberty and discharge the said Prisoner if
imprisoned for the Causes afd and no other without paying any
thing for Imprisonment fees which warrant shall be a Sufficient
discharge to the same Sheriff Goaler or Keeper of the Prison and no
Action of Escape or other action shall be brought against them or
any of them for the Same in any wise And forasmuch as some Per-
sons being Prisoners and petitioning as afd to be relieved cannot take
the afd Oath or Affirmation by reason of their having some Estate
goods Debts or Effects tho not being Sufficient to pay his or their
debts which the Prisoner or Prisoners are willing to yield Surrender
and give up to the use of all his Creditors equally to be divided
amongst them and shall actually Yield Surrender and give up the
Same accordingly pursuant to the directions of this Act in such Case
such Prisoner or Prisoners shall take the following Oath or Affirma-
tion to the same Effect. " I A. B. do Solemnly Swear that the
Goods Debts & Effects and Estate which I have delivered up As-
signed and made over to A. B. C. D. and E. F. three of the Justices
of ........ County Court in Trust for the use of my Creditors is

25

p. 60



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 369   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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