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all the Personal Estate of the Deceased's in his Hands unad-
ministered, to the Sheriff or his Deputy, so that such Sheriff
may levy such Part thereof as the Creditor or Plaintiff, or his
Attorney in Fact, or in Law shall direct, such Sheriff shall
within Three Days at furthest, cause such Goods, so taken, to
be appraised by Four substantial Free-holders of his County,
Two of them to be named by the Plaintiff, or his Attorney at
Law or in Fact, and Two by the Defendant, and who are
neither of Kin to Plaintiff or Defendant, Creditor or Debtor,
who upon their Oaths to be administered to them by the said
Sheriff, shall within Three Days, indifferently and justly Value
and Appraise the said Goods and Chattels, so taken in Execu
tion; and the Sheriff shall thereupon give Notice to the
Creditor, or his Attorney at Law or in Fact, of the Value of
the said Goods, and shall deliver so much of the said Goods,
as according to such Appraisement, will amount unto the Debt
or Damage, and Cost in such Execution mentioned, to the
Plaintiff, or his Attorney at Law or in Fact, in Discharge of
such Debt and Cost; and the said Plaintiff or Creditor is
hereby obliged to take and accept the same at such Appraise-
ment and Value as aforesaid, in Satisfaction of so much of his
Debt, Damage or Cost, as such Goods according to Appraise-
ment, will amount unto. And if any Creditor or Plaintiff, or
his Attorney in Fact, or Law, shall refuse or deny to take and
accept the same, according to such Appraisement, such Sheriff
is hereby authorized and impowered to retain in his Hands, at
such Plaintiff's or Creditor's proper Risque, so much of the
said Goods as will satisfy the same Debt or Damage, with
Costs, for such Plaintiff's or Creditor's Use, who shall pay to
such Sheriff all Costs and Charges he shall be at in keeping
and securing such Goods and Chattels; and the said Plaintiff
or Creditor shall have no other Action against such Sheriff
than only for such Goods and Chattels, so taken and retained
as aforesaid, and such Sheriff shall give a full and sufficient
Discharge to such Debtor for so much of the Debt and Cost,
as such Goods, by such Appraisement, shall amount unto ;
which shall be a sufficient Bar against such Plaintiff or Creditor,
and perpetually bar and hinder him from taking out any other
Execution against the Body, Goods or Chattels, Lands or
Tenements of such Debtor, whose Goods and Chattels as
aforesaid, have been taken in Execution as aforesaid, for so
much as such Goods, by Appraisement, shall amount unto ;
any Law, Statute, Usage or Custom to the contrary notwith-
standing.
III. Provided always, That in case the Plaintiff or De-
fendant are Non-Residents within the respective Counties
wherein such Writs shall be executed as aforesaid, or have
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Bacon.
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