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XVIII. And if any sheriff, or other officer, or minister, shall make return upon any writ of fieri facias, Scire facias that he hath levied the debt, damages, and costs, as in it', not pay,

against shersuch writ is required, or any part thereof, and shall ing money not immediately pay the same to the party to whom the made by ex

ecution same is paiable, or his attorney; the clerk of the court, out of which such writ shall issue, is hereby required, at the request of the party, to issue a scire facias, against such sheriff, or other officer, to have execution against him for the money so by him levied,

XIX. And if the goods taken by any sheriff, or other officer, or minister, as aforesaid, or any part thereof, Venditioni ec. shall remain in his hands for want of buyers, he shall ponas. make return accordingly; and thereupon the writ of veditioni exponas shall issue to such sheriff, or other officer, directed according to the form following: GEORGE, &c, to the sheriff

of county, Form of greeting. We command you, that you expose to sale, those goods and chattels of A. B. to the value of

which, according to our command, you have taken into your hands, and which you detain for want of buyers, as you have certificd to our justices of our general Court, to satisfy C. D. the sum of whereof in our said court he hath recovered execution. against the said A. B. by virtue of a judgment in the said court; and that you have, &c.

and thereupon such sheriff, or other officer, shall dispose of such goods and chattels in any manner, either

Goods, how

sold. for ready money, or upon credit, as he, and the party prosecuting such writ, shall think best.

XX. And whereas, in and by one clause in the act of assembly, For establishing county courts, and for regulating and settling the proceedings therein, it is Recital of a

clause in 9 enacted, that when a judgment shall be obtained against Anne, c. 11 any person in the county court, in any transitory action, and such person shall remove himself out of that county, so as execution cannot thereupon be served upon him; it shall and may be lawful for the clerk of the court, where such judgment was granted, to make out, and for any justice of the peace of the quorum to sign, an execution against the body of the said defendant, and to direct the same to the sheriff of any county within this colony, who is by the said act impowered and di

W-Vol. 4.

rected to serve the same, in like manner, as if execution had issued from the court of the county where such defendant shall be found. And it being equally just and reasonable, that the plaintiff or creditor should have remedy, as well against the goods and chattels,

as against the body of such defendant or debtor. Sect. 13, of

XXI. Be it therefore enacted, That the said clause in c. 11, 1710, the before-recited act, be from henceforth repealed; · repealed. and that where judgment, in any action shall be ob

tained in any inferior court of record within this domiExecutions against per:

nion, for any debt or damages, and the person against sons remov- whom such judgment shall be obtained, shall remove ing, them- himself and his effects out of the limits of the jurisdicselves and

tion of such court, it shall and may be lawful for the their effects.

clerk of such court, where such judgment shall be given, at the request of the party for whom the same was rendered, to issue any writ of fieri facias or capias ad satisfaciendum, in the form, and under the teste herein before prescribed; and to direct the same to the sheriff of any county within this colony, where the defendant or debtor, or his goods shall be found: which said sheriff, or other officer, to whom the same shall be di. rected, is hereby impowered and required to serve and execute the same, and shall make return thereof, to the court where the judgment was given, in the same manner and form as is herein before prescribed' and directed; any thing in the before-recited act, or any other act contained, or any law, usage, or custom, to the contrary thereof, notwithstanding.

XXII. And whereas, by reason of the unwholesomeness of most prisons in this colony, certain rules or bounds have been laid out and appointed, wherein prisoners taken or charged in execution, may be permitted to walk for their healths;

XXIII. Be it enacted, That if any person or persons Prison bounds. taken or charged in execution shall enter into bond,

with good and sufficient securities, under a reasonable penalty, upon condition, that he or they shall not depart, or go out of the rules or bounds of the prison to which he or they shall be committed, it shall and may be lawful for the sheriff, or other officer, in whose custody such prisoner or prisoners shall be, to permit him or them to go out of the prison, and to return at his or their pleasure.


XXIV. And be it further enacted, by the authority (See 1 Anne aforesaid, That if any prisoner or prisoners taken or C 6,& 5Anne,

c 9.) charged in execution, as aforesaid, shall make his or their escape from the prison to which he or they shall

Escape war. be committed; or, having the liberty of the rules or rant, how isbounds of such prisons, shall escape, it shall and may

sued, execube lawful, upon oath thereof in writing, to be made by

ted aud re.

turned. one or more credible person or persons, before any one of the judges of that court where such judgment and execution were obtained, to and for such judge, before whom such oath shall be made, and such judge is hereby authorized and required from time to time to grant unto any person whatsoever who shall demand the same, one or more warrant or warrants, under his hand and scal, therein reciting the execution or executions with which such person or persons so escaping or going at large, stood charged: which said warrant or warrants shall be in force in all places whatsoever, within this colony and dominion; and shall be directed to all sherifs, maiors, bailifs, constables, and headboroughs therein; and thereby commanding them, and every of them, in their respective counties, cities, towns, and precincts, to seize and retake such person or persons so escaped or going at large; and sach person or persons so retaken upon such warrant, forthwith to convey and commit to the prison where debtors are usually kept, in the county where such person or persons so escaped or going at large, shall be retaken; there to remain without bail or mainprize, or being thence, upon any account what, soever, delivered or removed, until he, she, or they, shall have made full paiment or satisfaction to the respective plaintiff or plaintifs, creditor or creditors, in such execution or executions named, or until the judgment or judgments, on which such execution or executions was or were sued out against such person or persons, shall be reversed or discharged, by due course of law; except such person or persons, be charged with treason or felony, or any other crime, matter, or cause, for and on behalf of the king's majesty, his heirs and successors: And if he or she, for any such cause, be removed to any other goal or prison, he or she shall be in custody of such goal, charged with all the executi. ons which he or she is or shall be charged, in the goal from whence he or she shall be removed. And every officer, after delivery of such prisoner so retaken, toa


gether with such warrant to the sheriff, shall take a note in writing, from such sheriff, testifying the receipt of such prisoner; which said sheriff is hereby required to receive such prisoner, and give such note; and shall make a return of such warrant to the court where the judgment was obtained; which shall be entred and filed upon record. And if any such person or persons so retaken by warrant, as aforesaid, shall, at any time, make any escape out of the goal, to which he, she, or they, sball be so conveyed and committed, as aforesaid, the sheriff in whose custody he, she, or they, was or were, shall be liable to answer for such escape.

XXV. And whereas it is not reasonable or just, that Fraudulent devises and by the practice or contrivance of any debtors, their conveyan

creditors should be defrauded of their just debts; and nevertheless, it hath osten so happened, that where several persons, having, by bonds or other specialties, bound themselves and their heirs, and afterwards died seized of and in messuages, lands, tenements, and hereditaments, have, to the defrauding of such their creditors, by their last wills and testaments, devised the same, or disposed thereof, in such manner, as such creditors have lost their said debts:

XXVI. And whereas, by the laws now in force in Alienations this colony, it is in the power of heirs at law, to avoid of heirs.

the paiment of the just debts of their ancestors, by selling, aliening, or making over the lands, tenements, and hereditaments, descending to them, which are, by law, liable to pay such debts, before any process be issued out against them:

XXVII. For remedying of which mischiefs, one use. ful and beneficial act of parliament was made, for the relief of creditors, against fraudulent devises, in the third year of the reign of the late king William and queen Mary.

XXVIII. Be it therefore enacted, That the said act Stat. 3, W. of parliament, for relief of creditors against fraudulent & M. c. 14, devises, be and is hereby declared to be in force within adopted.

this colony and dominion.

XXIX. And for relief of insolvent debtors who shall be taken in execution, and to prevent the long imprisonment of unfortunate people, which can be no benefit, but may be rather a disadvantage to their creditors.

XXX. Be it enacted, by the authority aforesaid, That

Insolvent if any person or persons now are or hereafter shall be taken or charged in execution, and shall have remain-debtors, how ed in prison by the space of twenty days, it shall and may be lawful for any justice or justices of the peace of any county, city, town or liberty, within this colony, upon petition of such prisoner or prisoners, under bis or their hands and seals, whereof notice shall be given to the person or persons, his or their executors, administrators, attorney, or agents, at whose suit such prisoner or prisoners shall be imprisoned, to require the sheriff, goaler, or keeper, of any prison, within their respective jurisdictions, to bring before the justices of the peace, at the court to be held next after the date of the said warrant, for such respective county,city, town, or liberty, the body of any person being in prison, as aforesaid, together with a list of the several executions, with which he, she, or they, is or are charged, in the several goals, as aforesaid: which warrant, every such sheriff, goaler, or keeper, is hereby commanded to obey. And such prisoner or prisoners coming before the said justices, shall, in open court, subscribe and deliver in a schedule of his whole estate; and make oath, and swear to the effect following, that is to say:


A. B. do, upon my corporal oath, in the presence Oath of in

of Almighty God, solemnly swear, profess, and de- solvent debtclare, that the schedule now delivered, and by me sub- or. scribed, doth contain, to the best of my knowledge and remembrance, a full, just, true, and perfect account and discovery of all the estate, goods and effects, unto me any ways belonging, and such debts as are to me owing, or to any person in trust for me, and of all securities and contracts, whereby any money may hereafter become paiable, or any benefit or advantage accrue to me, or to my use, or to any other person or persons in trust for me: And that I, or any other person or persons in trust for me, have not land, money, stock, or any other estate, real or personal, in possession, reversion, or remainder, of the value of the debt or debts with which I am charged in execution: And that I have not directly or indirectly sold, lessened, or otherwise disposed of, in trust, or concealed, all or any part of my lands, money, goods, stock, debts, securities, contracts, or estate, whereby to secure the same,

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