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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 419   View pdf image (33K)
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Acts. 419


then the same Prisoner shall have no aid or benefit of this Act and
Judgment shall pass against him or her for Costs But if the determi-
nation of the Justices of the County Court on such Allegation shall
be against Such Creditor or Creditors then the Prisoner or Prisoners
aforesaid shall by the said Court be immediately discharged on his or
her making Subscribing and delivering in open Court Such Schedule
and Duplicate as aforesaid and there taking such Oath or affirma-
tion as aforesaid and all his or her Estate shall thereupon be invested
in the Sheriff sold and disposed of and applied as if he or she had
been discharged by the said three Justices or any two of them and
it shall and may be Lawful for the said Justices of the County Court
to ascertain and determine the Quantum of the Damages if any
that the Prisoner hath Sustained by reason of the false allegation
of such Creditor or Creditors and thereupon Adjudge the same with
Costs to the Prisoner Provided such damages and costs shall not
exceed the Penalty of the said bond And to the End that the truth
may be the better inquired into It is enacted that the Justices of
the County Court aforesaid may at such Time or times as they
see Proper order Sheriff to bring the body of any Prisoner against
whose discharge such objection shall be made as aforesaid before
the same Court and the same Prisoner again Remand to prison and
may appoint such Time as they shall see fit for the Trial of the Issue
to be joined as aforesaid which is hereby required to be with as little
delay as may be.

Liber R. G.
1774

And be it thereby declared and Enacted that the Damages and
Costs so to be recovered by any Prisoner as aforesaid shall not be
vested in the Sheriff or in anywise subjected to the Benefit of any
Creditor or Creditors

And be it Enacted that any person who shall take the Oath or
Affirmation by this Act directed and shall upon Indictment be
convict of Perjury or of willfully and corruptly affirming any Matter
or Thing therein contained such Persons shall suffer as in Cases of
willful and corrupt Perjury and likewise be liable to be taken on
process de novo and Charged in Execution for his or her debts and
shall never after have the benefit of this Act

This Act to Commence on the first day of October next and
Continue in force for three Years from that day and to the end of
the next Session of Assembly which shall happen after the End of
the said three Years.

[Damages &
Costs not to
be vested in
the Sheriff,
&c.]
p. 370

[Persons
convicted of
Perjury to
suffer as in
Cases of
wilful & cor-
rupt Per-
jury, &c,]

By the Lower House of
Assembly April 19.th 1774
Read and Assented to
Signed by order
Jn.o Duckett Cl. Lo. Ho

21 sides
Tot.l 278 1/2 sides

On Behalf of the Right

Honourable the Lord
Proprietary of this Prov-
ince I Will this be a Law
Rob.t Eden

the great seal
in wax appendant

By the Upper House of
Assembly April 19:th 1774
Read and Assented to
Signed by order
James Brooks Cl. Upr Ho



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 419   View pdf image (33K)
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