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Proceedings and Acts of the General Assembly, March, 1707-November, 1710
Volume 27, Page 340   View pdf image (33K)
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340 Assembly Proceedings, Nov. 29-Dec. 17, 1708.

Lib. L. L.
No. 64.

notice to be given to all his Creditors to appeare at a Certain
Time and place by them to be limitted and not less than Sixty
days after such Court there to see such Debtors Estates to be
Inventoryed appraised and Vallued and render an account to
the said Justices of their Debts due from such Debtors and
after such appraisement the said Justices are hereby Impowered
to sell the same by way of Auction or otherwise as to them
shall seem meet and the mony or Tobacco Ariseing by such Sale
Equally to devide by an Equall proportion in the pound among
all Creditors of such debtors in full satisfaction of their Debts.
And that Imediately upon the surrender up of the said Debtors
Estate as aforesaid to the said Justices the body of such Debtor
shall be discharged out of Prison and from thenceforth be for
Ever free and Clear from such arrest & all Debts by them
Contracted before that time and that the Sherriffe in whose
Custody such Debtors are or shall be at the time of such sur-
render shall not keep or detaine any debtors in prison for any
ffees or debt to them oweing but shall be paid their Debts
or ffees to them due proportionably as other Creditors and
the said Justices are hereby impowered to discharge such
Debtors out of Custody as aforesaid by warrant under their
hands and Seales or the hands and Seales of any three of them
as aforesaid which warrant they are hereby required to give

p. 341

to such Debtors or prisoners without any fee or reward save
only a small ffee by the said Justices to be appointed to be paid
to the Clerke of the County Court for Entring the Courts
proceedings therein.

And be it further Enacted by the authority advice and Con-
sent aforesaid that all and Every Sale or Sales that shall be
made by the said Justices or any three of them of such Debtors
Estate as aforesaid shall be good and Valid in Law and barr
the debtor and his wife if any of her dower and their heires
and all others Claiming under them to all Intents Construc-
tions and purposes whatsoever. • And be it further Enacted
that no prisoner shall be discharged out of Prison untill he
shall declare upon oath before the said Justices or any three
of them as aforesaid what Debts are owing to him to the best
of his remembrance a Schedule whereof shall be made or kept
by the said Justices or Clarke of the County Court and the
Creditors or such of them as will Joyne shall be and are hereby
impowred to sue for the same in the prisoners name Saving
him harmless from all Costs and damages and after Recovery
of all or any of such debts they shall be by the said Justices
applyed towards Satisfaction of such Creditors who sued or
was at the Charge of Recovering the same rendring the
overplus if any To such Debtor.



 
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Proceedings and Acts of the General Assembly, March, 1707-November, 1710
Volume 27, Page 340   View pdf image (33K)
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