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Anno Quinto Ce. SS. 1732
Cap. VII.
An act for the more easy recovery of debt in his majesty’s plantation and colonies
in America.
{
For former acts con-
-cerning plantation refer
to 12. Car. 2. C. 18.
15. Car. 2. c. 7.
22 & 23. Car. 2. C. 26
25. Car. 2. C. 7.
7.8. W. 3. C. 22.
11.12. W. 3. C. 12.
3.4. Ann. C. 5.10.
6. Ann. C. 30 & 37.
8. Ann. C. 13.
9. Ann. C. 17. & 27.
10. Ann. C. 22. & 26.
4. G.1. C. 11.
8. G.1. C. 12. & 15.
13. G.1. C. 5.
3. G.2. C. 12. & 28.
4. G. 2. C. 15.]}
Whereas his majesty’s subjects trading to the British plantations in America lie under
great difficulties, for want of more easy methods of proving, recovering, and levying of debts
due to them, then are now used in some of the said plantations: and whereas it will tend very
much to the retrieving of the credit formerly given by the trading subjects of Great Britain
to the natives and inhabitants of the said plantations, and to the advance of the trade of this
kingdom thither if such inconveniencies were remedied; may it therefore please
your majesty that it may be enacted, and be it enacted by the k’s¹Jefferson uses “k” here in place of “king.” most excellent majes-
ty, by end with the advice and consent of the Lords spiritual and temporal, and Commons
in this present parliament assembled, and by the authority of the same, that from and after
the 29th day of September which shall be in the year of our lord 1732. in any action or suit
then depending, or thereafter to be brought in any court of law or equity in any of the
said plantations, for or relating to any debt or account wherein any person residing in
great Britain shall be a party, it shall and may be lawful to and for the [[obscured illegible]]
and also to and for any witness to be examined or made use of in such action or suit
to verify or prove any matter or thing by affidavit or affidavits in writing upon oath
or in case the person making such affidavit be one of the people called Quakers, then
upon his or her solemn affirmation, made before any Mayor, or other chief magis-
trate of the city, borough, or town corporate in Great Britain where or neer to which the
person making such affidavit or affirmation shall reside, and certified and trans
-mitted under the common seal of such city, borough or town corporate, or the seal of
the office of such mayor, or other chief magistrate, which oath and solemn affirmations
every such mayor and chief magistrate shall be and is hereby authorized and
impowered to administer; and every affidavit or affirmation so made, certified
and transmitted, shall in all such actions and suits be allowed to be of the same
force and effect, as if the person or persons making the same upon oath or so-
lemn affirmation as aforesaid, had appeared and sworn or affirmed the matter con-
tained in such affidavit or affirmation viva voce²Orally in open court, or upon a common issued
for the examination of witnesses, or of any party in any such action or suit respectively;

provided that in every such affidavit and affirmation there shall be ex-
pressed the addition of the party making such affidavit or affirmation, and the particu-
lar place of his or her abode.

{Probat of debts to King} II. And be it further enacted by the authority aforesaid, that in all suits now depend-
ing, or hereafter to be brought in any court of law or equity by or in behalf of his majesty
his heirs and successors in any of the said plantations, for or relating to any debt or account, that
his majesty, his heirs and successors, shall and may prove his and their debt and accounts
and examine his and ^or their witness or witnesses by affidavit or affirmation in like man-
ner as any subject is or are impowered or may do by this present act.

{Penalty on false oath.} III. Provided also and it is hereby further enacted, that if any person making such
affidavit upon oath or solemn affirmation as aforesaid, shall be guilty of falsely and wil-
fully swearing or affirming any matter or thing in such affidavit or affirmation, which
if the same had been sworn upon an examination in the usual form would have
amounted to wilful and corrupt perjury, every person so offending and being thereof
lawfully convicted, shall incur the same penalties and forfeitures as by the laws
and statutes of this realm are provided against persons convicted of wilful and cor-
[rupt? per?]jury

{Lands to be subject to [?]} IV. And be it further enacted by the authority aforesaid that from and after the said
29th day of September 1732. the houses, lands, negroes, and other hereditaments and real estates
situate or being within any of the said plantations belonging to any person indebted, shall be
liable to and chargeable with all just debts, duties and demands of what nature or kind
so ever, owing by any such person to his majesty, or any of his subjects, and shall and
may be assets for the satisfaction thereof, in like manner as real manner as real estates are by the
laws of England liable to the satisfaction of debts due by bond or other specialty, and shall
be [subject to] the like remedies, proceedings and process in any court of law or equity
in any of the said plantations respectively, for seizing, extending, selling or disposing of any
such houses, lands, negroes, and other hereditants and real estates, towards the satis-
faction of such debts, duties, and demands, and in like manner as personal estates in
any of the said plantations respectively are seized, extended, sold or disposed of, for the sa-
tisfaction of debts.

{Further provisi-
ons concerning
plantations
5. G. 2. C. 9.
6. G. 2. C. 13.
8. G. 2. C. 19.
12. G. 2. C. 30.
15. G. 2. C. 31 & 33.
24. G. 2. C. 51. & 53.
29. G. 2. C. 5. & 3.
30. G. 2. C. 9. }

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