Hezekiah McCotter

• General Notes
  • Assembly Proceedings, May 24 June 22, 1768.
    
    N :° 26: An Act for the relief of certain Languishing Prisoners in the
    several Goals therein mentioned [Preamble,  relieved by this Act]
    
    Whereas Clement Spalding, Charles Holt Flower, Thomas Cooke,    Names o f the County
    
    Ignatius Edwards, John Higdon & Robe rt Huston                                          of St. Mary's
    
    Thomas Freeman, Richard Young, John Ruffe and
    David Prisoners Wilkinson of Calvert County
    
    Peter Roby, Presly Cahiell, Mark Latimer, George Lovely, John Talimage,
    
    
    
    
    Robert Wilson, Catharine McDonal, George Waple, John Wade,
    Grace Pilkington, William Hudson & John Lammond Joseph Nalley,
    John Luckett, Elisha Harbin, Cornelius Maddox, Thomas Nalley and
    John Gilmore of  Charles County
    Joseph McCubbin, John Berry, Thomas Todd and Thomas Town o f Ann Arundel County Joseph White and Benjamin Kidwell of Prince Georges County John Bain, Francis Harris, Wil liam Conhold, Thomas Dey,
    William Andrews George Grehon, William Jones, John Clay,
    James Oliver and Richard Treadwell   o f Baltimore County
    William Banks Walls, John Metcalf, John Row, Josias Talburt,
    John Alexander Brown, Christian Shock, John Weaver, William Drown,
    Alexander Crawford, Richard Bealle, Jacob Sharrer, Robert Martin,
    John Ross Mellan, John Waters, Frederick Clabough, Thomas Witten,
    George Henback and Thomas Davis of Frederick County Samuel Owens,
    William Ford, John Kennerly Thomas Phillips and Arthur Marshall    of S omerset County
    Stephen Bissell, Mitchell King, Thomas Butler , William Handcock,
    John Benson, George Grear, Daniel Handcock, J ohn Permwell,
    Ezekiel Claywell, Joshua Wheeler, David MeCl uer, Solomon Small-
    wood Jonathan Dyer, John Baker, Philip Gutte rie, Christopher God
    love Schoglamer and John Cornwell       o f Worcester County
    Richard  Blackburn Jackson, Thomas Davis, Robert Porter,
    David Covenover and Griffith Williams                  of Caecil Co unty
    Nicholas Bowdle Hezekiah McCotter and Robert Parkinson      of Dorche ster County
    George Harrington, William Dockery, Joseph Nevill, William Horn,
    Thomas Farrell and Joseph Harris   of Queen Anns County
    William Greenwood, Benjamin Steed, Robert Phillips, John Briscoe
    and Patrick Dugan                 of Kent County
    Benjamin Buckler, John Dart, Alexander Anderson and Edward Power     o f St Mary's County
    and John Long                  of Baltimore County
    
    by their Petitions to this General Assemb ly
    have set forth That they have respectivel y continued Prisoners for
    Debt in the Custody of the Sheriffs of th e respective Counties afore
    said for a considerable Time Past and sti ll continue in the like
    deplorable Circumstances not being able t o redeem their Bodies with
    all the Estate or Interest they have in t he World which they would
    readily surrender up and part with to the ir several and respective
    Creditors if they would accept of the sam e and grant the said Peti
    tioners their Liberty which sums so unlik ely for them to obtain that
    (unless relieved by a particular Act to b e passed in their favour
    which by their said Petitions they have h umbly prayed) they must
    inevitably continue Prisoners for Life An d as the Allegations of the
    said Petitioners appear to this General A ssembly to be true and that
    their lying Goal can be of no Advantage t o their Creditors it is
    humbly prayed that the said Petitioners m ay be relieved according to
    their Prayers and that it may be Enacted
    
    And be it Enacted by the Right Honoura ble the Lord Proprietary [Prisoners
    by and with the Advice and Consent of hi s Lordships Governor and to be discharged on
    the upper and Lower Houses of Assembly a nd the Authority of the delivering up
    same That in Case the said Prisoners sha ll deliver up and Surrender their Effects,
    or cause to be delivered up and Surrende red to the Sheriffs of the
    respective Counties aforesaid in the Pres ence of two Justices of the
    Peace of the Counties aforesaid whom the s aid Sheriffs are hereby
    required to summon at the request of the s aid Prisoners at some
    convenient Time after the end of this Se ssion of Assembly all their
    
    
    real and personal Estate either in Possession Reversion Remainder or
    in Trust or in or unto which t hey have any Claim or Interest what
    soever and likewise convey As sign Transfer and make over unto the
    Sheriffs respectively for the U se of the said Creditors all such
    their Estate Interest or Clai m as aforesaid after such Manner as
    by the said Sheriffs and by t he Major Part of such Creditors or such
    of them as shall think fit to d irect therein or their Counsel Learned
    in the Law shall reasonably d evise or require at the Costs and Charges
    of the Persons who shall Clai m Benefit thereof so that the said
    Prisoners be not burthened wi th any Warrantees thereby other than
    against themselves or those C laiming by from or under them and
    that the said Prisoners at th e Time of such their Surrender and
    Transfering their Estate as a foresaid shall take their Solemn Oaths
    (or Affirmation if Quakers be fore the said two Justices aforesaid
    to the Effect following Viz.t “ I A B do Affirm or Solemnly Swear
    [The Oath] That the Goods Debts and E ffects which I have delivered Assigned
    and made over to the Sheriff of Coun ty in Trust
    for the Use of my Creditors is the w hole Estate both real and
    Personal of my own in Possession or t hat I have any title to in
    the World and that I have not any Es tate Goods or Effects of any
    kind whatsoever left either in posse ssion Reversion or Remainder
    (the Necessary Wearing Apparel of my self Wife and Children and
    Working Tools excepted) and that I h ave not directly or indirectly
    sold leased or otherwise conveyed di sposed of or intrusted all or
    any part of my Estate thereby to def raud my Creditors or to secure
    the same to receive or expect any Pr ofit or Advantage thereof, So
    help me God” It shall and may be law ful for the Sheriffs of the
    Counties aforesaid to discharge the s aid Prisoners and suffer them
    to go at large.
    And be it further Enacted that if t he said Prisoners or any of
    them shall be arrested or Imprisoned o n any Process Sued out on
    any Judgment or Decree obtained agai nst any of them for any Debt
    Damages or Costs Contracted owing or g rowing due before the
    End of this Session of Assembly the C ourt out of which such
    Process issued shall and may dischar ge such Prisoner on Motion
    And if the said Prisoners or any of t hem shall be Arrested or
    Imprisoned on any Process for the Re covery of any Debt Damages
    or Costs contracted owing or growing d ue before the End of this
    Session of Assembly the Court or Jus tice before whom such Process
    shall be returned shall and may disc harge the Party Arrested out
    of Custody on his or her common appe arance being entered without
    any Special Bail. Provided That the d ischarge of the said Prisoners
    or any of them shall not acquit any o ther Person from such Debt
    Damage or Cost or any part thereof b ut that all such persons shall
    be answerable for the same in such M anner as they were before the
    passing this Act.  Acts
    
    Provided always and be it Enacted That notwithstanding the Liber H . S.
    
    
    
    
    Discharge of the said Prisoners or any o f them all and every Debt [Debts to No. 1
    or Debts due and owing from him her or t hem and all and every stand good
    Judgment had or Decree obtained against h im her or them shall
    stand and be good and effectual in Law t o all Intents and Purposes
    against the Lands Tenements and Heredit aments Goods and Chattles
    of him her or them or which he she or t hey or any other Person in
    Trust for the Use of him her or them ha d at the Time of the dis
    charge of the said Prisoners or any of t hem or which he she or they
    at any Time hereafter shall or may be a ny way seized or possessed
    of or Interested in to his her or their o wn Use or in his her or their
    own proper Right either in Law or Equit y (except the Wearing
    Apparel Beding and Working Tools of him o r them not exceeding
    the sum of ten Pounds Current Money) an d it shall and may be
    lawfull for any of their Creditors thei r Executors Administrators
    or Assigns to take out new Execution or E xecutions without any
    Scire facias previous thereto against t he Lands Tenements or other
    Hereditaments Goods and Chattles of the s aid Prisoners or any of
    them (except as before Excepted) for th e Satisfaction of his her or
    their Debts in such sort Manner and for m as he she or they might
    have done if the said Prisoners or any o f them had not been taken
    in Execution or discharged by Virtue of t his Act
    And be it further Enacted by the Autho rity aforesaid that if any [Actions of
    Action of Escape be brought against any S heriff or any Suit or               Escape]
    Action against any Justice or Justices f or their performing their
    Duty in Pursuance of this Act he or the y may plead the General
    Issue and give this Act and the Special M atter in Evidence and if
    the Plaintiff be non suit or discontinu e his Action or Verdict pass
    against such Plaintiff or Judgment upon D emurer the Defendant
    shall have and recover double Costs.
    Provided also That nothing in this Act s hall extend or be Con-      [Proviso, as
    strued to extend to bar any Creditor or C reditors of the before                  to Escape]
    mentioned Prisoners from having and mai ntaining any Action of
    Escape against any Sheriff who hath per mitted any Escape before
    the making of this Act.
    Provided Nevertheless That in Case any o f the said Prisoners                [In case of
    shall at any Time after making such Oat h or Affirmation as afore-        Perjury]
    said be Convict of willful and corrupt P erjury thereupon or of a
    willfull Breach or non-compliance with t he Tenor of such Oath or
    Affirmation as aforesaid that then the s aid Prisoner shall upon such
    Conviction as aforesaid be wholly depri ved of any Benefit intended
    to him her or them by this Act and shal l from thenceforth be liable
    to be prosecuted for any Debt or Demand s whatsoever in the same
    manner as if this Act had never been ma de Any Thing to the Con
    trary notwithstanding [Sheriffs  Fees to be  first paid]
    
    Provided Also that the respective Sherif fs of the Counties afore
    Liber     H. S.     said shall be first paid and satisfied for their I mprisonment ffees
    No. 1                    before any Creditor or Creditors shall have o r receive any Share
    p. 712                     or Part of the Estates of the said Prisone rs respectively or of the
    Produce thereof
    And be it further Enacted That after Pu blick Notice given by
    Advertisements set up at the Court Hous e Door of the County thirty
    Days at the least of the Sale of any of t he said Prisoners Lands and
    [Notice to be given five Days at the l east of the Sale of any the said Prisoners other Estate
    of the said Sheriffs to whom any of t he said Estates real or Personal
    the  shall be surrendered and deliver ed up in Pursuance of this Act shall
    set up and expose such Estates to Sal e by way of Publick Vendue in
    the Presence of one Justice of the Pea ce and the Produce arising by
    such Sale shall be by the said S heriffs in manner following paid and
    satisfied (that is to say) afte r satisfaction of the aforesaid Imprison
    ment Fees that the Estate and I nterest of the aforesaid Prisoners
    respectively upon which their J udgment Creditors or any Claiming
    or that shall Claim under them b y Assignment or otherwise have
    or shall have any Lien or the P roduce thereof shall be in the first
    place after satisfaction of the S heriffs as aforesaid applied to the
    discharge of the said Creditors a ccording to the order and Priority
    of their Judgments and the Lien a rising therefrom and that the
    residue of the Estate and Inter est of the said Prisoners respectively
    or the Produce thereof shall be d istributed among all their Creditors
    that shall apply there for with in thirty Days after the aforesaid Sale
    in equal Proportion to their De mands
    And be it further Enacted that all the A ccounts Bonds Notes and   [Bonds, &c. ]
    other Demands which any of the s aid Prisoners have against any
    the Prisoners to be as- Person o r Persons whatsoever shall be by the said Prisoner or
    signeot Prisoners Assigned to t he Sheriff in whose Custody such Prisoner
    or Prisoners shall be at the Ti me of their discharge and that such
    Sheriff or Sheriffs shall and m ay maintain an Action or Actions on
    such Demands as Assignee of suc h Prisoner or Prisoners in his own
    Name.
    Provided always That such Cre ditor or Creditors require and
    demand such Sheriff to sue and g ive to such Sheriff a Bond to indem
    nify him against any charge tha t may accrue to him by means of any
    such suit and in Case of Recove ry that then the Sheriff make distri
    bution of what shall be recover ed to the Person or Persons giving
    him such security as aforesaid
    [Prisoners, And be it further Ena cted by the Authority aforesaid that if any
    if single, to be sold for to of t he Persons intended to be relieved by this Act
    are and shall be Five Years]
    of sufficient Ability of Body to Labour such Person or Person s not
    having a Wife or Family shall b e and are hereby obliged to serve
    for a Time not exceeding five Y ears to any Person or Persons who
    are and shall inclined to purch ase the Time of Servitude of such
    Debter or Debters and that the r espective Sheriffs in whose Custody
    the aforesaid Debtors or any of them are be and are hereb y Author- Liber H. S.
    ized and obliged to summon two Justices o f the Peace in the respec- No.
    tive Counties at the request of the sai d Prisoners as soon as Con
    veniently may be after the End of this S ession of Assembly and after
    giving five Days notice at the Court Ho uses of the respective Coun
    ties of the intended sale of such Debto r or Debtors expose to Sale
    in the presence of the said Justices su ch Debtor or Debtors and the
    Time of his or their Servitude to the h ighest Bidder and the Money
    arising from such Sale shall be as Effe cts of such Debtor or Debtors
    in the Hands of the respective Sheriffs S ubject as aforesaid to a
    Distribution in Manner aforesaid and th e Sale and Service of such
    Debtor or Debtors as aforesaid is hereb y directed to be taken as a
    full and sufficient Acquittal and disch arge against all Debts due from
    such Debtor or Debtors before such Sale .
    
    
    
    
    Provided that in Case it shall appear t o the Satisfaction of the said
    Justices that any of the said Debtors h ave offered since their Confine
    ment to make Satisfaction to their Cred itors by Servitude and that
    their Creditors have refused to Accept t he same that the Time such
    Debtors have been confined in Prison sh all be deemed and taken as
    Part of the aforesaid five Years and th at they shall be obliged to serve
    only for such Time as will compleat fiv e Years from the Day of such
    Offer of Servitude And that in Case any s uch Single Persons as afore
    said have been confined in Prison for f ive Years or any longer Time
    that the said Persons so confined shall b e discharged upon the same
    Terms and in the same manner that Perso ns having Families are by
    this Act directed to be discharged
    
    By the Lower House of On Behalf of th e right By the Upper House of
    Assembly 21.st June 1768 Honble the Lo rd Pro- Assembly 21.st June 1768
    Read and Assented to prietary of this P rovinces Read and Assented to
    Sign'd by Order I Will this   be a L aw   Signed by Order
    T. Wright Cl: Lo: Ho:
    H oro Sharpe    U Scott Cl. Up. Ho.
    
    the Great Seal
    in Wax Appendant