| 1773.
CHAP.
XIII. |
2 HENRY HARFORD, Esq;
sheriff of one and the same county, the sheriff shall in such case execute
that writ
only that comes first to his hands. |
Trustees to
be on oath,
&c. |
XVI. And be
it further enacted, That before any trustee shall execute any of
the powers given by this act (other than that of giving notice of the appointment
as aforesaid) he shall take his solemn oath, or affirmation if a quaker,
before some
provincial or county justice, any of whom are hereby empowered and required
to
administer the same, well and truly to execute the trust reposed in him,
according
to the best of his skill and undertaking; and the justice who administers
such
oath or affirmation, is hereby required to endorse and sign a certificate
thereof on
the back of the said trustees commission. |
Any unsafe
person, indebted,
&c. to
the person against
whom
attachment
shall have issued,
a writ of
trespass may
be issued against
him,
&c. |
XVII. And,
whereas it may often happen, that persons very unsafe in their
circumstances, may be largely indebted to, or have in their hands effects
to considerable
value of, the person against whom an attachment may be hereafter issued
as aforesaid, and before the said debts or effects can be secured for the
creditors in
the ordinary course prescribed by this act, the said persons so indebted
may abscond,
and the debts or effects be entirely lost; for prevention whereof, Be
it enacted,
That when any attachment shall hereafter be issued in virtue of this act,
upon application
made by any creditor to a justice of the provincial or county court, it
shall and may be lawful for such justice, and he is hereby required, on
oath or
affirmation made by the creditor, that he verily believes, or has good
reason to
suspect, that such unsafe person is indebted to, or holds goods or effects
in his or
her hands of, the person against whom the said attachment shall have issued
as
aforesaid, to the value specified in such oath, to give an order or warrant
under his
hand, setting forth such oath, and the sum or value of the debt or goods
believed or
suspected to be due or held, directed to the clerk of the provincial court,
or county
court where such unsafe person shall reside, to issue a writ of trespass
upon the
case, against such unsafe person, to answer unto the trustees to be appointed
under
the said attachment so issued; and the said clerk shall and is hereby required
to
endorse on the said writ, that the sheriff shall hold the defendant to
bail in double
the sum so set forth in the said justice's warrant, which said endorsement
the sheriff
is hereby obliged and required to comply with; and the said defendant shall
be obliged to give special bail to such writ, which writ, and the proceedings
thereon,
shall be held and deemed to be as good and available in law, as if the
plaintiffs
were particularly named therein; and the trustees, when appointed under
the
said attachment, shall and may declare and proceed to issue, judgment,
and execution
in the cause. |
| Proviso. |
XVIII. Provided
always, That if the defendant in such case give bail and
judgment at the appearance court, he shall not be burthened with the plaintiff's
costs. |
Part of an act
repealed. |
XIX. And be
it further enacted, That such parts of an act of assembly of this
province, entitled, An act for the relief of creditors, and to prevent
frauds and deceits
occasioned by secret sales, mortgages, and gifts of goods and chattels,
as relate
to the issuing attachments, shall, from and after the first day of December
next, be and are hereby repealed and made void, any thing in the said act,
or any
other law, usage or custom, to the contrary notwithstanding. |
| Proviso. |
XX. Provided
nevertheless, and be it enacted, That this act, nor any thing
herein contained, shall extend, or be construed to extend, to make void,
or in any
manner annul, any attachment whatsoever already issued, or that shall issue
before
the said first day of December next, or any proceeding whatsoever thereon;
but that all such attachments shall and may be proceeded on to judgment
and execution,
as if this act had not been made, any thing herein before contained to
the contrary notwithstanding. |
Construction
and continuance. |
XXI. And be
it further enacted, That this act shall be confirmed beneficially
for the creditors in all courts of justice within this province, and be
and remain
in full force for and during the term of seven years, and unto the end
of the |
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