WHEREAS His Majesty's Subjects Trading to the British Plantations in America lye under great diffi­culties, Preamble. for want of more easie Method of Proving, Recovering, and Levying Debts due to them, than 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 advancing of the Trade of this Kingdom thither, if such Inconveniences were Remedied.

May it therefore Please Your MAJESTY that it may be Enacted,

And be it Enacted by the King's Most Excellent Majesty, by and with the Advice, and Consent of the Lord's Spiritual, After the 29th of Sept. 1732, in any Action de­pending in a Court of Ju­dicature in a­ny of the Plan­tations, when one Party re­sides in G. Brit. Proof may be bro't by Affi­davits in Wri­ting, upon Oath, or Af­firmation. and Temporal, and Commons, in this Present Parliament Assembled, and by the Authority of the same, That from, and after the Twenty-ninth Day of September, which shall be in the Year of our Lord One thousand Seven hundred, and thirty two, 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 Plaintiff, or De­fendant, 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 Magistrate of the City, Burrough, or Town Corporate in Great Britain, where, or near to which the person making such Affidavit, or Affirmation shall Reside, and Certified, and Transmitted under the Common Seal of such City, Burrough, or Town Corporate; or [Page 20] the Seal of the Office of such Mayor, or other chief Magistrate: Which Oath, and solemn Affirmation every such Mayor, and chief Magistrate shall be, and is hereby Authorized, and Impowred to administer. And every Affirmative, 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 solemn Affirmation, as aforesaid, had Appeared, and Sworn, or Affirmed the Matters contained in such Affida­vit, or Affirmation ( viva voce) in Open Court, or upon a Com­mission 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 express'd the addition of the Party making such Affidavit, or Affirmation, and the particular Place of his, or her Abode.

And be it further Enacted by the Authority aforesaid, That in all Suits now depending, Also all Suits by or in be­half of His Majesty. His Heirs and Successors. 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 Debts, and Accounts, and Examine His, or Their Witness, or Witnesses by Affidavit, or Affirmation, in like manner as any Subject, or Subjects is, or are Impowred, or may do by this present Act.

Provided Always, And it is hereby further Enacted, That if any Person making such Affidavit upon Oath, or solemn Affirmation, as aforesaid, Proviso. shall be guilty of falsely, and wilfully 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, 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 corrupt Perjury.

And be it further Enacted by the Authority aforesaid, That from and after the said Twenty-ninth Day of September, One Thousand seven Hundred, After the said 29th of Sept. Houses Lands Negroes, and other Heridi­taments, and Real Estate, liable to an­swer Debts. and Thirty two, the Houses, Lands, Negroes, and other Hereditaments, and Real Estates, situate or being within any of the said Plantations, belonging to any Persons Indebted, shall be Liable to, and Chargeable with all just Debts, Duties, and Demands of what Nature, or Kind soever, Owing by any such Person to His Majesty, or any of His Subjects; and shall, and may be Affects for the satisfaction thereof, in like manner as Real Estates are by the Law 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 Seising, Extending, Selling, and Disposing of any such Houses, Lands, Negroes, and other Hereditaments, and Real Estates, towards the satisfaction of such Debts, Duties, and Demands, and in like manner as Personal Estates, in any of the said Plantations respectively are Seised, Extended, Sold, or Disposed of for the satis­faction of Debts.