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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 646   View pdf image (33K)
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646 Assembly Proceedings, May 1-June 4, 1744.

Session
Laws

from such Person or Persons, before such Sale and Servitude as
aforesaid; any thing in this Act, or any Law, Statute, Usage or Cus-
tom to the contrary thereof notwithstanding.

Their Estate
likewise to
be sold.

And be it further Enacted by the Authority, Advice and Consent
aforesaid, That whatever Estate, whether Real or Personal, any of
the Prisoners aforesaid shall surrender or give up to any of the Sher-
iffs in whose Custody they are or shall be at the Time of their or any
of their Discharge, shall by the Sheriff or Sheriffs in whose Custody
such Prisoner or Prisoners shall be, in the Presence of One Magis-
trate of the particular County where such Prisoner shall be Dis-
charged, be exposed to Public Sale, and Sold to the highest Bidder ;
and that after the same be done, and the Sheriff and Sheriffs are paid,
or secured to be paid, their Fees, the residue be applied to the Credi-
tors of such Prisoner or Prisoners that shall apply therefore within
Twenty Days after the said Sale, in equal proportion to their
Demands.
And be it further Enacted, That all such Accounts, Bonds, Notes,
or other Demands, any of the said Prisoner or Prisoners have against
any Person or Persons whatsoever, be, by the said Prisoner or Pris-
oners Assigned to the Sheriff in whose Custody such Prisoner or
Prisoners shall be or are at the Time of their Discharge, and that
such Sheriff or Sheriffs shall and may maintain an Action or Ac-
tions on such Demands, as Assignee of such Prisoner or Prisoners
in his own Name.

Proviso.
p. 42

Provided always, That such Creditor or Creditors demand of such
Sheriff to Sue, and give to such Sheriff a Bond to imdemnify him
against any Charge that may accrue to such Sheriff by means of
Suing, and in case of a Recovery that then the Sheriff make distri-
bution of what shall be recovered, to the Person or Persons giving
him such Security as aforesaid.



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 646   View pdf image (33K)
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