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ROBERT EDEN, Esq; Governor.
CHAP. XI.
An ACT confirming to James Hendricks, of Baltimore county, sundry lands
therein mentioned. PR. |
1773. |
CHAP. XII.
An ACT for the relief of certain prisoners in the several gaols therein
mentioned.
Viz. Joseph Floyd, of Talbot county;
Thomas Pierson, Robert Hopkins, Abel Right, John Bowin, Moses
Magee, Boston Ale, and Ezekiel Hutchins, of Worcester county; Jacob Knight,
Oliver Lindsey, John
Vears, James Downes, Andrew Long, Leonard Hoyle, George Wolf, Stephen Richards,
John Alexander
Brown, William James, Benjamin Harrison, Matthew Compton, John Houser,
and Edward Bannister,
of Frederick county; Thomas Swan, jun. Jonathan Gill, John McDonold, Aquila
Churn, Henry
Simpson, Henry Sickle, Jacob Lanham, and Thomas Green, of Charles county;
John Barron, and
Thomas Standage, of Prince-George's county; John Messer, John Broderick,
and George Bolton, of
Anne-Arundel county; Peter Adams, and James Button, of Dorchester county;
John Seward, William
Seney, John Nabb, and Edward Crews, of Queen-Anne's county; Samuel Gosnell,
Patrick Hennesy,
Philip Barnethouse, James Woodward, Jacob Stoya, Thomas Smyth, Daniel Harkins,
John Taylor,
Vachel Worthington, John Hobbs, Gotlip Neeth, Robert Elder, John Lees,
Andrew Williams, Edward
Preston, Patrick Quigley, John Keating, Owen Kees, George Baxter, Joseph
Finley, Jane Johnson, Joseph
Robass Rogers, Charles Kees, Thomas Tompkins, Peter Carroll, Joseph Smyth,
and Charles Stewart,
of Baltimore county. |
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CHAP. XIII.
An ACT for the better regulating attachments. |
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WHEREAS it is found by experience, that the laws
now in being, directing
the manner of suing out attachments, are not framed so as to
afford equal justice to creditors, but commonly some of the creditors
secure their whole claims, whilst others suffer a total loss, and frequently
doubtful
and suspicious claims take place of honest debts, by contrivance and fraud
between
absconding persons and their friends; for remedy whereof for the future, |
Preamble. |
II. Be it enacted,
by
the right honourable the lord proprietary, by and with
the advice and consent of his governor, and the upper and lower
houses of assembly,
and the authority of the same, That from and after the first
day of December next,
whenever it shall happen, that any person whatsoever of this province,
being indebted
within this province, shall actually run away, abscond, or fly from justice,
or secretly remove him or herself from his or her place of abode, or shall
remove
or be about to remove any of his or her effects, with intent to defraud
his or her
creditors, any one creditor, to whom the said absconding person is indebted
in the
sum of fifty shillings current money, or four hundred pounds of tobacco
or upwards,
over and above all discounts, may make application to any provincial or
county justice, and on such creditor's making oath, or affirmation if a
quaker,
that the said absconding person is bonâ fide indebted to him
or her in the sum of
__________________ over and above all discounts, and at the same time producing
the bond or bonds, bill or bills, protested bill or bills of exchange,
promissory
note or notes, or other instrument or instruments of writing, account
or accounts,
by which the said absconding person is so indebted; which probate, or
affirmation, as aforesaid, shall be endorsed thereon; and the said creditor
also making
oath or affirmation as aforesaid, that he or she doth know, or is credibly
informed,
and verily believes, that the said absconding person is actually run away,
or fled from justice, or removed from his or her place of abode, or hath
removed,
or is about to remove, some of his or her effects, with an intent to injure
and
defraud his or her creditor or creditors of their just dues, which departure
or running
away, or removal or attempt to remove effects, shall also be proved by
one
other credible witness; the said provincial or county justice, on such
oath or affirmation,
and such other proof made, shall be and is hereby fully authorised and
required,
forthwith to issue his warrant to the clerk of the provincial or county
court
(as the case may require) to issue an attachment or attachments pursuant
to this
act; upon the receipt of which warrant, together with the proofs on which
the
same was granted, and not otherwise, the clerk of the provincial or county
court,
as the case may require, shall issue a writ of attachment, if in the county
court,
to the sheriff of that county, if in the provincial court, to the sheriff
or sheriffs of
the county or counties where the goods, chattels, books, papers or effects,
of such
absconding person shall be suggested to be by such creditor, to attach,
seize, take
and safely keep, all the whole personal estate of the said absconding person,
of what |
If any person
indebted absconds,
&c.
one creditor
may apply to
a justice, &c.
Who is to direct
an attachment
to issue,
&c. |
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