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Proceedings of the Provincial Court, 1675-1677
Volume 66, Page 423   View pdf image (33K)
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                   Provincial Court Proceedings, 1676.     423

         satisfied, & therefore to Secure himself e out of the defts debts effects Liber N N
         & estate in this Province he cothenced that Suite & haveing made his
         damages appeare & the Sheriff of the County of Charles County
         where most of the effects lay haveing returned a non est inventus the
         plt had according to the Act of Assembly in that case made & pro-
         vided issued Out severall attachmts to the Severall Sheriffs of
         st Maries & Charles County to attach in the hands of severall persons
         divers considerable quantityes of tobacco by them due & oweing by
         bills bonds & accompts to the estate of the Said Edward Erbery &
         for the better ascertaineing & finding what those persons owed to
         the Said estate, this Court did award a Spa to sumons the Severall
         Debtrs to discover upon Oath what they really owed to the Said
         Erbery & thereupon the Said Sheriffs did make returne that they
         had attached in the hands of Severall persons Severall Summes of
         tobacco amounting to the Summe of 15122 t of ton. Whereupon
         this Court upon the ninth day of ffebruary last past did Order the
         same to be condemned for and towards Satisfaction of the ptts debt
         & damages aforesd & did also Order that a scire facias should issue
         to the said severall debtors to shew cause (if any they had) why
         they should not pay their severall debts they owed to the said Erbery
         to the plaintiff Speed, And it being this day offered for cause that
         the debts that they so owed, were Secured by bills & Specialtyes
         which were in the hands of the said Erbery in England or of his
         Attorny in the Collony of Virginia Out of the jurisdiction of this
         Province, & unlesse they had their bills & Specialtyes delivered up
         to be cancelled or generall discharges from under the hand & Seale
         of Erbery they could not be discharged but were lyable to be sued
         for their said debts in any place out of this Provinces jurisdiction &
         therefore they ought not to pay their debts without legall discharges
         for the same. This Court takeing the premisses into their Serious
         consideration & the defects in the said Act in this particular & that it
         was the intent of the Said Act to releive Creditors against persons
         absent Out of this Province & haveing effects here for recovery of
         their just debts, & that unlesse the Creditors may have the effects con-
         demned, their suits wilbe rendred ineffectuall to their greater charge
         & damage, & considering also that all debts made & contracted in this
         Province or payable in this Province or other goods brought into
         this Province may be disposed by the jurisdiction of this Province
         according to Law & justice, & that it is usuall practice not only in
         Virginia & other Our neighbour Colonyes but also in the Citty of
         London & other places in the Kingdome of England to attach & con-
         demne goods & debts for payment of Creditors & the Same so con-
         demned to cause to be to the partyes plaintiffs delivered for & towards
         Satisfaction of their debts. Doe therefore thinke fitt & So order that
         the said Severall persons in whose hands the debts due to Erbery doe
         remaine being duly Served with a Scire facias as aforesaid & haveing

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Proceedings of the Provincial Court, 1675-1677
Volume 66, Page 423   View pdf image (33K)
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