Page:1751 A collection of all the public acts of Assembly, of the province of North-Carolina now in force and use.pdf/29



  XX.

An Act, to direct the Disposal of Goods taken upon Execution; and for the better Regulation of Distresses hereafter to be made, for Levies and Quit-Rents.

E it Enacted, by his Excellency the Palatin, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, now met at Little River, for the North East Part of the said Province, and by the Authority of the same, it is hereby Enacted,

That in all Cases whatsoever, where any Goods or Chattels shall be taken upon Execution, granted, or hereafter to be granted out of any Court, or by Distress for Taxes and Quit-Rents, the same shall remain in Custody of the Provost Marshal, or his Deputy, Constable, or such other Person levying or making Execution or Distress, for and during the Space of Ten Days; at the Determination of which Time, (if they are not before redeemed by the Person from whom they were taken,) they shall be appraised by four substantial Freeholders of the County, two to be chosen by the Party from whom they were taken, and the other two by the Party that is to be possessed of the same;

and in Case it happens that both, or either Party or Parties, shall not make such Choice as aforesaid, then the said to Marshal, or his Deputy, Constable, or other Person, levying or making such Execution or Distress, shall make Choice, in Behalf of him, her, or them, who shall so neglect to make Choice;

and if the Appraisers so nominated and appointed, (being first sworn before some Magistrate,) cannot agree in their Appraisement, then the sfaid Appraisers, or any Three of them, shall, and they are hereby impowered and required, to choose an Umpire, who (being also sworn as aforesaid,) shall detrmine the Matter;

and the Property of such Goods so appraised shall forthwith be in and to the Party for whom they were taken, he or they returning the Overplus (if any be) to the Person whose Goods or Effects shall be so taken in Execution, or distrained upon and appraised, after the original Debt, with all accruing Costs, are satisfied and paid out of the same.

II. PROVIDED always, That in all Cases where the Sum taken by Execution or Distress, shall not exceed Fifty Shillings, there shall be only Two Appraisers, to be equally elected and nominated, as aforesaid.

III. AND be it further Enacted, by the Authority aforesaid, That the Provost. Marshal, or his Deputy, after Execution levied, shall make Return of the Execution to the Court that granted it, there to be entered upon Record; that so the Satisfaction, as well as the Judgment, may be apparently proved, if Need require.

  XXI.

An Act, concerning Attornies from Foreign Parts, and for giving Priority to Country Debts. Rh