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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 bonā 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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