OCR Text |
Show [ 50 ] (I l 5I ] Fee, makes them Allets, and applies Them to Ct the Payment of Debts and Accounts contracted by the Father without the Partiapezien of the CC Son; itfm r/fldc the Sort of Evidence required (C by the Common Law, and (j/faélzflzed by every ‘C Court of j‘zg/Zire in America, in Proof of a Debt, " and enjoins the Admiflion of an ex Parte Affi- " daw't. The Power of Parliament having been " " exercifed 2‘0 take (may the Lands of the People in (C (C ‘C America, the molt ferret! Part of any Man's l"'l‘0p€l‘[y, and dgpoflng of ‘f/Jei/z for we Uje of prrtvzzfe I'eifom Inlméitm/r qf Great-Britain, who (L can quellion," lays the lixan‘iiner, " the Parlia- (C ment's Right to take away afma/Z Part of the ‘C l'rodufts of thofe Lands, and apply it to the " pub/re Service .9" . If the Creditor relides in Great-Brimm, the AfL 'fidavits of his VVitnelIes taken there, are to be allowed as Evidence, and to have the fame Force their 'I‘ell‘imony would have, if given, vied Vote, in open Court. The Evidence mentioned in the Statute, prevailed in molt, if not all the Colonies, before the Statute, and Lands were alto liable to the Satis- faclion of all Debts in molt Iiilliliices, by the Method praCtifed allo in the Court of Chancery 1n England, of marlhalling Allets. In lome of the Colonies, without this Circuity, Lands were immediately liable to fimple Contract Debts. Independent of the Statute, when the Creditor It is very obfervablc, that in applying this Statute, a Language is made ufe of, which gives the Idea of Violence; and it mull be confefied, that great Aggravation of Features, and firong Colo uring, were necellary, to make it in any Degree refemble the Impolitions of the Siamp-zlfl. obtains aJudgment againll his Debtor, ml his Lands, €336. overwhieh he has a (hype/stag l'ower, are jliable, and, fince the Statute, only fire/J Lands,€3 e. are AIIets, as the Debtor had a Power to dilpole of. It appears then, that all the l‘tre‘ct ot the Statute on this Head, is to lubjec‘t Real lettates to the I ay- ment of Debts after the Death or the Debtor, (for It would be ufelefs, as well as tedious, to poin out every Mili‘eprelentation in this Applicat t ion, the molt Part, the Cafe betore the Statute) which might have been made Subject étfere his Death. l'llK‘C. that it will be effectually done, by briefl fhewmg the Effect of the 5th Gee. II. and fuggelting the Occafion of making that Statute. tors of the deceal‘ed Debtors, were preferred to the Lands, Negroes, £315. in the Plantations, are Brizjfli, in the fame Degree, by ACES or Aflemlplly, which carried the Appearance of Izlrtiality; t 0 made Aliets for the Satisfaélion of all Debts owi ng in Fact, the Effect of the Laws of Isizgupul gave to his Maielly, or air} of M5 o‘aljefls, in like Man- rife to Them, for, upon Bankruptcxes in Great- ner as Real lil'tates are, by the Law of Engl mzd liable to the Satisfae‘lion of Debts due by 3136- eiaity. If In many of the Colonies, the provxncral CI‘Cdl- Britain, the Steps required by the Statutes toleg title Creditors to a Satisfaction, ellectually exc u e Colony Creditors in molt Cafes, andthelr letancce, o- when their Debtors die in Great-Brzmm, where the s a Agents ' i ‘ have not {landing Merchants 2 H lony CerItOIS |