WHEREAS divers Persons in this Province having of late become In­solvent, have secreted themselves, and their Estates, to the great Hurt of themselves, their Families and Creditors:

For Remedy whereof, and to prevent many Inconveniencies that happen to Creditors and Debtors in Case of Insolvency:

Be it enacted by the Lieutenant Governour, Council and House of Repre­sentatives, That [...] Persons using, or that shall use the Trade of Mer­chandize by Way of Bargaining, Exchange, Bartering or otherwise in Gross or by Retail, or seeking his, her or their Living by buying and selling, who hath departed or shall depart this Province, begun or begin to keep his or her House, or otherwise to absent him or her self, or suffer him or her self willingly to be arrested for any Debt or other Thing not grown or due for Money delivered, Wares sold, or other just or law­ful Cause or good Consideration, or hath or shall willingly or fraudu­lently procure him or her self to be arrested, or his or her Goods or Money to be attached, or depart from his or her Dwelling-House, or make or cause to be made any fraudulent Grant or Conveyance of his, her or their Lands, Tenements, Goods or Chattels, to the Intent or whereby his, her or their Creditors shall or may be defeated or delayed in the Recovery of their just and true Debts, or being arrested for Debt, shall after his or her Arrest lye in Prison six Months upon that Arrest, or upon any other Arrest or Detention in Prison for Debt, or being ar­rested for a just Debt or Debts shall at any Time after such Arrest escape out of Prison, shall be accounted and adjudged a Bankrupt to all Intents and Purposes.

And be it further enacted, That the Commander in Chief with the Ad­vice of any five of his Majesty's Council, or the major Part of said five, upon every Complaint made to him in Writing against such Person or Persons being Bankrupt, shall have full Power and Authority by Com­mission under the great Seal of this Province, to name, assign and ap­point such honest and discreet Persons as to them shall seem good, who, or the most Part of them, by Virtue of this Act and of such Commission, shall have full Power and Authority, as in their Discretion shall seem meet, to take such Order and Direction with the Body and Bodies of [Page 2] such Person wheresoever he or she may be had, either in his or her House or Houses or elsewhere, as well by Imprisonment of his or her Body or Bodies, as also with all his or her Lands, Tenements and Hereditaments, which he or she shall have in his or her own Right before he or she became Bankrupt; and also with all such Lands, Tenements and He­reditaments, as such Person shall have purchased or obtained for Money or other Recompence jointly with his Wife, Children or Child, to the only Use of such Bankrupt or Bankrupts, or of or for such Use, Interest, Right or Title, as such Bankrupt or Bankrupts then shall have in the same, which he or she may lawfully depart withal, or with any Person or Persons of Trust to any secret Use of such Bankrupt or Bankrupts; and also with his or her Money, Goods, Chattels and Debts, whereso­ever they may be found or known, and cause the said Lands, Tenements, Hereditaments, Money, Chattels, Goods and Debts to be searched, view­ed, rented and appraized, and by Deed indented and duly acknowledged and registered, to make Sale of such Lands, Tenements and Heredita­ments, and of all Deeds, Writings and Evidences touching only the same, belonging to such Debtor or Debtors; and also of all Annuities, Goods and Chattels, or otherwise to order the same for the true Satisfaction and Payment of the said Creditors, that is to say, a Portion Rate and Rate like to the Sum of his or their Debt.

And for the better Distribution of the Lands, Tenements, Hereditaments, Goods, Chattels and other Estate of such Bankrupt, to and amongst his or her Creditors:

Be it enacted, That the said Commissioners or the greater Part of them, shall and may examine upon Oath or by any other Ways and Means as to them shall seem meet, any Person or Persons for the finding out and Discovery of the Truth and Certainty of the several Debts due and ow­ing to all such Creditor and Creditors as shall seek Relief by such Course of Commission, to be sued forth as aforesaid; and that all and every Creditor and Creditors having Security for his and their several Debts by Judgment, Statute or Recognizance, or that have made or shall make. Attachment of the Goods and Chattels of any such Bankrupt on Sup­posal of his Absconding or Absence, whereof there shall be no Executi­on served and executed upon any of the Lands, Tenements, Heredita­ments, Goods and other Estate of such Bankrupt, before such Time as he or she shall or do become Bankrupt, shall not be relieved upon any such Judgment, Statute, Recognizance, Attachment, for any more than a Ratable Part of their just and due Debts, with the other Creditors of the said Bankrupt.

And be it further enacted, That every Direction, Order, Bargain, Sale, and other Things done by the said Persons so authorized as aforesaid, in [Page 3] Form aforesaid shall be good and effectual in the Law to all Intents, Con­structions and Purposes against the said Bankrupt or Bankrupts, his or their Wife or Wives, Heir and Heirs, Child and Children, and such Per­son and Persons as by such joint Purchase with the said Bankrupt or Bank­rupts as is aforesaid, have or shall have any Estate or Interest in the Pre­mises, and against all other Person and Persons claiming by, from or un­der such Debtor or Debtors by any Act or Acts had, made or done after any such Person shall become Bankrupt, as is aforesaid.

And be it further enacted, That the said Commissioners, or greater Part of them, after having declared such Person a Bankrupt, shall cause Notice thereof to be given in the publick Boston News-Papers for [...] Weeks successively, and shall therein appoint Time and Place for the said Bank­rupt to surrender him or her self to them, and to conform to this Act, which Time they or the greater Part of them may enlarge as is hereafter mentioned; and if the said Bankrupt shall not at one or other of those Times surrender him or her self to the said Commissioners, then the Body of all and every such Offender or Offenders shall be adjudged, taken and deemed to all Intents and Purposes out of his Majesty's Protection, and every Person and Persons that shall willingly and wittingly help to hide, or shall willingly and wittingly receive, detain or keep secretly any Person or Persons so demanded, as is aforesaid, shall suffer such Impri­sonment, or pay such Fine as to the Court of Assize, upon Conviction thereof, shall seem meet; and the said Commissioners, or the greater Part of them, shall or may at any Time after the issuing of such Com­mission as they in their Discretion shall think sit, a ward a Warrant to such Person or Persons, as they think meet, to apprehend the Body & Bodies of the said Bankrupt and Bankrupts, and to bring him, her or them before the said Commissioners, wheresoever the said Party or Parties may be found, to be examined by the said Commissioners, or the greater Part of them: And it shall be lawful for the said Commissioners, or the greater Part of them, or any other Person or Persons, Officer or Officers, by them, or the greater Part of them, to be deputed and appointed by their Warrant or Warrants under their Hands and Seals, to break open the House or Hou­ses, Chambers, Shops, Warehouses, Doors, Trunks or Chests of the said Bankrupt, where any of his or her Goods or Estate shall be, or reputed to be, and to seize upon, and order the Body, Goods, Chattels, ready Mo­ney and other Estate of such Bankrupt, whether it be by Imprisonment of his or her Body, or otherwise as to the said Commissioners, or the greater Part of them, shall be thought meet: And it shall be lawful for the said Commissioners, or the greater Part of them, to examine every Person a­gainst whom any Commission shall be awarded, by Oath or solemn Affir­mation, upon such Interrogatories touching such Person's Lands, Tene­ments, [Page 4] Hereditaments, Goods, Chattels, Debts, Bills, Bonds, Books of Accounts, and all other Matters relating to his or her Trade and Effects, and such other Things, as may tend to disclose his or her Estate, or the secret Grants, Conveyances and Eloyning of his, her or their Lands, Te­nements, Hereditaments, Goods, Money and Debts as they shall think meet; and likewise so to examine the Wife of such Bankrupt for the finding out and Discovery of the Estate, Goods and Chattels of such Bankrupt, con­cealed, kept or disposed of by her, in her own Person, or by her own Act and Means, or by any other Person or Persons, and likewise so to examine any Person supposed or suspected to be indebted to the said Bankrupt, or to have any of the Goods, Chattels, Debts, Estate or Secu­rities of such Bankrupt in his or her Custody, Use, Occupying, Direction or Command, or any other Person duly summoned or present at the Meeting of the Commissioners, touching the Premises, and any Acts of Bankruptcy committed by him or her; and also to reduce into Writing the Answers of such Bankrupt, his Wife or other Person, which Examina­tion the Party examined is required to subscribe; and in Case such Bank­rupt, his Wife or other Person shall refuse to Answer, or shall not fully answer to the Satisfaction of the Commissioners, all lawful Questions put by the Commissioners, or shall refuse to subscribe his Examination (not having a reasonable Objection to the Wording thereof, or otherwise to be allowed by the Commissioners) it shall be lawful for the Commissio­ners by Warrant to commit him or her to such Prison as the Commissio­ners shall think fit, there to remain without Bail, until such Person shall submit him or her self to the Commissioners, and full Answer make to the Satisfaction of the Commissioners to all such Questions as shall be put to him or her, and subscribe such Examination as aforesaid: And in Case any Person shall be committed by the Commissioners for refusing to answer, or not fully answering any Question, the Commissioners shall in their Warrant of Commitment specify such Question. And in Case any Person committed by the Commissioners Warrant, shall bring a Ha­beas Corpus in Order to be discharged, and there shall appear any In­sufficiency in the Form of the Warrant, it shall be lawful for the Court or Judge, before whom such Party shall be brought by Habeas Corpus, by Rule or Warrant, to commit such Person to the same Prison, there to remain until he or she shall conform as aforesaid, unless it shall be made appear that such Person hath fully answered all lawful Questions put by the Commissioners, or (in Case such Person was committed for not signing his Examination) unless it shall appear that the Party had good Reason for refusing to sign the same: And in Case any Goaler, to whom such Person shall be committed, shall wilfully suffer such Person to escape, or to go without the Walls or Doors of the Prison, such Goaler shall for [Page 5] such Offence, being convicted thereof by Indictment or Information, forfeit Five Hundred Pounds, for the Use of the Creditors: And the Goaler shall upon Request of any Creditor, having proved his Debt, and producing a Certificate thereof under the Hands of the Commissioners (which the Commissioners shall give gratis) produce such Person so com­mitted, and in Case such Goaler shall refuse to shew such Person so com­mitted, and being in his actual Custody at the Time of such Request, to such Creditor requesting to see such Person, such Goaler shall forfeit One Hundred Pounds, for the Use of the Creditors, to be recovered by Action of Debt in the Name of the Creditor requesting such Sight.

And be it further enacted, That if upon the Examination of such Bank­rupt, it shall appear that he, she or they have committed any wilful or corrupt Perjury, tending to the Hurt or Damage of the Creditors of the said Bankrupt to the Value of ten Pounds, or above, the Party so offend­ing, shall or may thereof be indicted in his Majesty's Court of Assize, and being lawfully convicted thereof, shall stand in the Pillory one Hour, and have one of his Ears cut off. And it shall and may be lawful for such Commissioners or the greater Part of them, to issue such Process against the Wife of such Bankrupt, and every Witness duly summoned, and not appearing before the said Commissioners at the Time and Place by them appointed, shall incur such Danger and Penalty as is above made and provided against the Bankrupt himself, and the lawful Costs of all Wit­nesses shall be rateably born by the Creditors of such Bankrupt, accord­ing to the Proportion of each of their several Debts.

And be it further enacted, That if any Bankrupt shall upon Examina­tion before the said Commissioners executing the said Com [...]ion, be found fraudulently or deceitfully to have conveyed away his or her Goods, Chattels, Lands, Tenements, Rents, Annuities or other Estate, or any Part thereof to the Value of twenty Pounds, or above, to the End and Purpose to hinder the Execution of this Act, or thereby to defraud, de­lay or hinder his or her Creditors of the same, and shall not upon Ex­amination discover to the said Commissioners, or the greater Part of them, and if it lie in his or her Power, deliver unto the said Commissioners all that Estate, Goods and Chattels so fraudulently conveyed away as aforesaid, or by him or her, his or her Means kept or detained from the said Commissioners, or shall not as far as lies in his or her Power convey to the said Commissioners all his or her Estate lying out of this Province, to be disposed by the said Commissioners as his or her other Estate for the Benefit of the Creditors, shall or may be indicted for such Fraud or Abuse at the Assizes or General Sessions to be holden before the Judges of Assize, or Justices of the Peace of the County where he or she shall become Bankrupt, and the Bankrupt upon Conviction thereof, shall stand in the Pillory one Hour, and have one of his Ears cut off.

[Page 6] And be it further enacted, That if any Person which is or shall be a Bankrupt by the Intent of this Act, shall convey or procure, or cause to be conveyed to any Person or Persons any Lands, Tenements, Heredi­taments, Annuities, Leases, Goods, Chattels, or transfer his Debts into other Mens Names, except the same shall be purchased, conveyed or trans­ferred for some good or valuable Consideration, it shall be in the Power and Authority of the Commissioners in this Behalf to be appointed, or the greater Part of them, to bargain, sell, grant, convey, demise, or other­wise to dispose thereof in as ample Manner as if the said Bankrupt had been actually seized or possessed thereof, or the Debts were in his own Name, of the like Estate or Interest to his or their own Use at such Time as he or she became Bankrupt; and that every such Grant, Bargain, Sale Con­veyance and Disposition of the said Commissioners, or the greater Part of them, shall be good and available to all Intents, Constructions and Pur­poses in the Law against the Offender and Offenders, his Heirs, Execu­tors, Administrators and Assigns; and such Persons as shall be subject to this Act, and against all other Person and Persons claiming by, from or under such Offender or Offenders, or such said other Persons to whom such Conveyance shall be made by the said Bankrupt, or by his Means or Procurement.

And be it further enacted, That if any Person or Persons being known, supposed or suspected to have or detain any Part of the Lands, Tene­ments, Hereditaments, Goods, Chattels or Debts of the said Bankrupt, or to be indebted to or for his or her Benefit, shall not upon Examination disclose, and plainly declare and shew the whole Truth of such Things as he or they shall be examined of concerning the Premisses to his Know­ledge, then every such Person or Persons upon due Proof thereof to be made before the said Commissioners, or the greater Part of them, so to be appointed as is aforesaid, by Witness, Examination or otherwise, as to the said Commissioners, or the greater Part of them shall seem suffici­ent in that Behalf, shall lose and forfeit double the Value of all such Goods, Chattels, Wares, Merchandizes and Debts by them or any of them so concealed, and not wholly and plainly declared and shewed; which Forfeiture shall be levied by the said Commissioners, or the greater Part of them, of the Lands, Tenements, Hereditaments, Goods and Chat­tels of such Person not disclosing the whole Truth as is aforesaid, by such Ways and Means, and in such Manner and Form as is before limit­ed and appointed for the principal Offender or Offenders, Debtor or Debtors; and the same Forfeiture or Forfeitures to be distributed or em­ployed to and for the Satisfaction and Payment of the Debts of the said Creditor or Creditors in such like Manner, Rate and Form, as is above declared concerning the ordering of the Lands, Tenements, Goods and Chattels of such Debtor or Debtors, as is aforesaid.

[Page 7] And be it further enacted, That if at any Time before or after that any such Person or Persons depart the Province, keep his or their Houses, or otherwise absent him or themselves, or suffer him or themselves to be ar­rested or imprisoned, or escape as is aforesaid, any Person or Persons do frau­lently by Coven or Collusion, claim, demand, or recover any Debts, Duties, Goods, Chattels, Lands or Tenements, which were or shall be due, belonging or appertaining to any such Bankrupt or Bankrupts, other than such as he or they can and do prove to be true by Right and Cons­cience, in Form aforesaid, for Money paid, Wares delivered, or other just Consideration, or Cause reasonable to the just Value thereof before the said Commissioners so to be appointed, or the greater Part of them, as is aforesaid, and the same to proceed, bona fide, without Fraud or Coven, that then every such Person or Persons so craftily demanding and claim­ing any such Debt, Duty or other Thing as is aforesaid, shall forfeit and lose double as much as he or they shall so claim and demand, which said Forfeiture shall be recovered, levied and employed in Manner and Form as is before rehearsed: And every Person who shall have accepted of any Trust, and shall wilfully conceal any Estate of any Brankrupt, and shall not within forty two Days after such Commission shall issue, and Notice given in the public News-Papers, discover such Trust and Estate in Writing to one of the Commissioners or Assignees hereafter men­tioned, & submit to be examined thereupon (if required,) shall forfeit One Hundred Pounds, and double the Value of the Estate concealed, to the Creditors. And if any Person or Persons other than the Bankrupt, either by Subornation, unlawful Procurement, sinister Persuasion, or Means of any others, or by his own Act, Consent or Agreement, shall wilfully and corruptly commit any Manner of wilful Perjury by his Deposition to be taken before the said Commissioners, or the greater Part of them, as aforesaid, that then the Party or Parties so offending, and all and every Person and Persons that shall unlawfully and corruptly procure any such unlawful, wilful and corrupt Perjury, shall or may therefor be indicted in his Majesty's Superiour Court, and after his or their Conviction there­of, shall incur such Forfeiture, and receive and suffer such Pains and Punishment, as are limited by the Statute made concerning Perjury, in the fifth Year of the Reign of Queen Elizabeth.

And be it further enacted, That all and every Sum and Sums of Money which shall be forfeited by Force of this Act, shall be sued for and re­covered by the said Creditors only, or any of them that will sue for the same, by Action of Debt, Bill, Plaint or Information, in any of his Ma­jesty's Courts of Record; and the Sum and Sums of Money so recover­ed, (the Charges of Suit being deducted) shall be distributed and divided towards the Payment of the said Creditors.

[Page 8] Provided always, and be it enacted, That if it shall happen that the Cre­ditors of any such Bankrupt, as is aforesaid, be paid and satisfied their Debts and Duties of or with the proper Lands, Tenements, Goods, Chat­tels and Debts of the said Bankrupt, or of or with the same and some Part of the Forfeitures of the said double Values to be forfeited as is a­foresaid, and that there shall remain an Overplus of the said Forfeiture of the said double Values, that the said Overplus shall by the said Com­missioners so executing the said Commission, be paid to the Treasurer of this Province for the Use thereof.

And be it further enacted, That the Commissioners of Bankrupts, or the greater Part of them, shall have Power to grant and assign, or otherwise to dispose all or any of the Debts due, or to be due, to and for the Be­nefit of the said Bankrupt, by what Person or Persons soever, or in what Manner and Form soever, to the Use of the Creditors of the said Bank­rupt. And that the same Grant, Assignment or Disposition of the said Debts, in Form hereafter mentioned by the said Commissioners, or the greater Part of them, shall so vest the Property, Right and Interest of the said Debt and Debts, in the Person or Persons of him, her or them, to whom it shall be granted, assigned or ordered by the said Commissioners, or the greater Part of them, as fully to all Intents and Purposes, as if the Bill, Bond, Bonds, Recognizances, Judgment or Contract, whereupon the said Debt or Debts, Deed or Deeds shall arise or grow, had been made, to or with, or for the said Person or Persons to whom the same shall be so granted, assigned or disposed by the said Commissioners; and that after such Grant, Assignment or Disposition made of the said Debts, that neither the Bankrupt, nor any other to whom such Debts shall be due, shall have Power to recover the same, nor to make any Release or Discharge thereof, neither shall the same be attached as the Debt of the Bankrupt, or such said other Person or Persons to whom the same shall be due, by any other Person or Persons; but that the Party or Parties to whom the same Debt shall be assigned, shall have like Remedy to recover the same, as fully and lawfully in the Name or Names of the Person or Persons to whom the same shall be so granted, assigned or ordered by the said Commissioners, in all Respects and Purposes, as the Party himself might have had; any Law, Usage or Custom to the contrary thereof in any wise notwithstanding.

Provided always, That no Debtor of the Bankrupt be hereby endan­gered, for any Payment truly and bona fide made to any such Bankrupt before such Time as he shall understand or know that he is become a Bankrupt.

Provided also, and be it further enacted, That such of the said Com­missioners as shall put the said Commission in Execution, shall upon law­ful [Page 9] Request to them made by the said Bankrupt, not only make a true Declaration to the said Bankrupt, of the employing and bestowing of his, her, or their said Lands, Tenements, and Hereditaments, Goods, Wares, Chattels and Debts, which shall be paid and satisfied to their said Creditors, but also make Payment of the Overplus of the same, if any such there be, to the said Bankrupts, their Executors, Administrators and Assigns. And that the said Bankrupts, after the full Satisfaction of the said Creditors, shall have full Power and Authority to recover and re­ceive the Residue and Remainder of the Debts to them owing; any Thing in this Act contained to the contrary in any wise notwithstand­ing.

And be it further enacted, That the Creditors who shall petition for a Commission of Bankruptcy, shall be obliged at their own Costs to prose­cute the same, until Assignees shall be chosen; and the Commissioners shall, at the Meeting appointed for the Choice of Assignees ascertain such Costs, and by Writing shall order the Assignees to Reimburse such petitioning Creditors out of the first Effects of the Bankrupt that shall be got in; and the Commissioners shall forthwith, after they have de­clared the Person a Bankrupt, and caused Notice thereof to be given in the public News-Papers, appoint Time and Place for the Creditors to meet in Order to choose Assignees; at which Meeting the Commission­ers shall admit the Proof of any Creditor's Debt that shall live remote from the Place of such Meeting by Affidavit or solemn Affirmation, and permit any Person duly authorized by Letter of Attorney, (Oath or Af­firmation being made of the Execution thereof, either by an Affidavit sworn, or Affirmation made before a Justice of the Peace, or before the Commissioners viva voce; and in Case of Creditors residing in distant Parts, such Affidavits or Affirmations shall be made before a Magistrate where the Party shall be residing, and shall, together with such Credi­tor's Letters of Attorney, be attested by a Notary-Publick) to vote in the Choice of Assignees in the Place of such Creditor; and the Com­missioners shall assign such Bankrupt's Estate unto such Persons as the major Part in Value of such Creditors, according to the Debts then prov­ed, shall choose; and the Assignees shall be obliged to keep Books of Account, wherein they shall enter all Sums of Money, or other Effects which they shall have received out of the said Bankrupt's Estate, to which Books every Creditor shall have free Resort; and no Creditor, or other Person on the Behalf of any Creditor, shall be permitted to Vote in such Choice of Assignees, whose Debt shall not amount to ten Pounds.

And it shall be lawful for the Commissioners immediately to appoint Assignees, which Assignees shall be removed at the Meeting of the Cre­ditors for Choice of Assignees, if the major Part in Value of them then [Page 10] present, and of such Persons authorized as aforesaid, shall think fit; and such Assignees as shall be removed, shall deliver up the said Bankrupt's Effects and Estate unto the Assignees chosen by the Creditors; and if such first Assignees shall neglect by the Space of ten Days (after Notice in Writing) to make such Assignment and Delivery, every such first As­signee shall forfeit Two Hundred Pounds, to be distributed amongst the Creditors, and to be recovered by such Person as the Commissioners shall appoint to sue for the same.

And it shall be lawful for the Commander in Chief, with the Advice of any five of his Majesty's Council, or the major Part of them upon Petition of Creditors, to make such Order for the Choice of new Assignees, as he with such Advice shall think just; and in Case a new Assignment shall be ordered, then such Effects of such Bankrupt shall be thereby effectually vested in such new Assignees, and it shall be lawful for them to sue for the same in their Names, and to give Acquittance for Debts, as the Assignees in the former Assignment might have done; and the Commissioners shall cause publick Notice to be given in the Boston News-Papers that shall immediately follow the Removal of such Assignees, and the Appointment of others: And before the Creditors shall proceed to the Choice of Assignees, the major Part in Value of the Creditors pre­sent, shall if they think fit, direct how, and with whom the Monies to be received out of the Bankrupt's Estate shall remain until the same be divided, to which Rule such Assignees shall conform, as often as fifty Pounds shall be got in.

And the Persons chosen Assignees, shall after the Expiration of four Months, and within twelve Months from the Time of issuing such Com­mission, cause twenty-one Days Notice to be given in the publick News-Papers, of the Time and Place the Commissioners and Assignees intend to meet to make a Dividend, at which Time the Creditors who have not before proved their Debts, shall be at Liberty to prove the same; and upon every such Meeting, the Assignees shall produce Accounts of their Receipts and Payments, and of what shall remain outstanding, and shall (if the Creditors present require the same) be examined upon Oath, or solemn Affirmation touching the Truth of such Accounts; and the Assignees shall be allowed all just Allowances, and the Commissioners shall Order such Part of the neat Produce of the said Bankrupt's Estate in the Hands of the Assignees, as they shall think fit, to be divided amongst the Creditors, and shall make such Order for a Dividend in Writing, and shall cause one Part of such Order to be filed amongst the Proceedings under the Commission, and shall deliver unto each of the Assignees a Du­plicate of such Order; which Order shall contain an Account of the Time and Place of making such Order, and the Sum total of the Debts proved, [Page 11] and the Sum total of the Money remaining in the Hands of the Assignees, and how much in the Pound is then ordered to be paid; and the As­signees in Pursuance of such Order, shall forth with make such Dividend, and take Receipts in a Book for each Creditor. And it shall be lawful for the Assignees, with the Consent of the major Part in Value of the Creditors present at any Meeting, pursuant to Notice in the publick News-Papers, to submit any Difference between such Assignees and any Person whatsoever, by Reason of any Matter relating to such Bankrupt, to the Determination of Arbitrators, or otherwise to compound the Matters in Difference, as the Assignees with such Consent can agree; and the Assignees are impowered, with Consent of Creditors, to make Composition with any Debtors to such Bankrupts, where the same shall appear necessary.

And the Commissioners shall appoint within the Time limited for the Bankrupt to surrender and conform as aforesaid, not less than three Meet­ings, the last of which shall be on the Day limited for such Bankrupt's Appearance; and three Weeks Notice shall be given in the publick News-Papers of the Time and Place of such Meetings: And it shall be lawful for them to enlarge the Time for such Person surrendring himself, and discovering his Effects, not exceeding fifty Days from the End of the said Time limited as aforesaid, so as such Order for enlarging the Time be made six Days before the Time on which such Person was to sur­render himself.

And every such Bankrupt, after Assignees shall be appointed, shall de­liver upon Oath or Affirmation, before a Justice of the Peace, unto such Assignees all his Books of Accounts and Writings, not seized by the Mes­senger of the Commission, or not before delivered up to the Commissio­ners, and then in his Power, and discover such as are in the Power of any other Person that any Ways concern his Estate; and every such Bankrupt, not in Prison, shall, after such Surrender be at Liberty, and shall attend such Assignees upon Notice in Writing, in order to assist in making out the Accounts of the Estate.

And every Bankrupt having surrendered, shall at all seasonable Times, before the Expiration of the said first limited Time aforesaid, or such further Time as shall be allowed to finish his Examination, be at Liberty to inspect his Books and Writings in the Presence of some Person to be appointed by the Assignees, and to bring with him for his Assistance, such Persons as he shall think fit, not exceeding two at one Time, and to make Extracts & Copies to enable him to make a full Discovery of his Effects; and the said Bankrupt shall be free from Arrests in coming to surrender, and from actual Surrender, for such Time as shall be allowed for finish­ing his Examination; provided such Bankrupt was not in Custody at [Page 12] the Time of Surrender; and in Case such Bankrupt shall be arrested for Debt, or on any Escape Warrant, coming to surrender, or after his Sur­render, within the Time before-mentioned; then on producing such Summons or Notice under the Hands of the Commissioners or Assignees, and giving the Officer a Copy ther [...]f, he shall be discharged; and in Case any Officer shall detain such Bankrupt, such Officer shall forfeit to such Bankrupt for his own Use five Pounds for every Day he shall detain him: And in Case any Bankrupt be in Custody at the Time of issuing the Commission, & is willing to submit to be examined, and can be brought be­fore the Commissioners and Creditors, the Expence thereof shall be paid out of the Bankrupt's Estate; but in Case such Bankrupt is in Execution, or cannot be brought before the Commissioners, then the Commissioners shall attend the Bankrupt in Custody, and take his Discovery; and the Assignees shall appoint Persons to attend such Bankrupt in Prison, and produce his Books and Writings, in order to prepare his Discovery▪ a Copy whereof the Assignees shall apply for, and the Bankrupt shall deli­ver to their Order ten Days before such last Examination. And all Bankrupts who shall surrender and conform, as by this Act is directed, shall be allowed five per Cent. out of the neat Produce of the Estate that shall be received, in Case the neat Produce of the Estate, after such Al­lowance made, shall be sufficient to pay ten Shillings in the Pound, and so as the said five per Cent. shall not amount to above Two Hundred Pounds; and in Case the neat Produce of the Estate shall be sufficient to pay twelve Shillings & six Pence in the Pound, then all the Persons so conforming shall be allowed seven Pounds ten Shillings per Cent, so as such Allowance shall not amount to above two Hundred & fifty Pounds; and in Case the neat Produce shall over and above the Allowance be sufficient to pay [...] Shillings in the Pound, then Persons so conform­ing shall [...] all [...] ten per Cent. so as such ten per Cent. shall not amount to above Thr [...] Hundred Pounds; and every such Bankrupt shall be dis­charged from all Debts owing at the Time he did become Bankrupt.

And in Case such Bankrupt shall afterwards be impleaded for any Debt due before he became Bankrupt, such Bankrupt shall be discharged upon common Bail, and may plead in general that the Cause of Action did accrue before such Time as he became Bankrupt; and the Certifi­cate of such Bankrupt's conforming, and the Allowance thereof, shall be sufficient Evidence of the Trading, Bankruptcy, Commission and other Proceedings precedent to the obtaining such Certificate; unless the Plain­tiff can prove the said Certificate was obtained unfairly, or make appear any Concealment by such Bankrupt to the Value of ten Pounds▪

And if the neat Proceeds of such Bankrupt's Estate shall not amount to ten Shillings in the Pound, such Bankrupt shall not be allowed the five [Page 13] per Cent. but shall be allowed so much as the Assignees and Commissioners shall think fit, not exceeding three per Cent.

And in Case any Commission of Bankruptcy shall issue against any Person who shall have been discharged by Virtue of this Act, or shall have Compounded with his Creditors, or delivered to them his Effects, and been released by them, or been discharged by any Act for the Re­lief of Insolvent Debtors, then the Body only of such Person conforming, shall be free from Arrest and Imprisonment; but the future Estate of such Person shall remain liable to his Creditors, (the Tools of Trade, ne­cessary Houshold Goods, and necessary wearing Apparel of such Bank­rupt, and his Wife and Children excepted) unless the Estate of such Per­son shall produce clear fifteen Shillings in the Pound.

And be it further enacted, That no Discovery shall intitle such Bank­rupt to the Benefits allowed by this Act, unless the Commissioners, or the major Part them, shall under their Hands and Seals certify to the Commander in Chief, that such Bankrupt hath made a full Discovery of his Estate, and in all Things conformed himself according to the Di­rections of this Act, and that there doth not appear to them any Reason to doubt of the Truth of such Discovery; and unless the greater Part in Number and in Value of the Creditors, who shall be Creditors for not less than ten Pounds respectively, or some other Person by them duly authorized, shall sign such Certificate; and the Commissioners shall not certify till they shall have Proof by Affidavit or Affirmation in Writing of such Creditors, or of the Persons by them authorized, signing the Cer­tificate, and of the Power by which any Person shall be authorized to sign for any Creditor, (which Affidavit or Affirmation, together with such Authority to sign, shall be laid before two of the Justices of the Superiour Court with the said Certificate); and unless such Bankrupt make Oath, or solemnly affirm in Writing, that such Certificate was ob­tained without Fraud, and unless such Certificate shall after such Oath or Affirmation be allowed by two of said Justices, and any of the Creditors of such Bankrupt may be heard, if they think fit, against the making such Certificate, and against the Confirmation thereof: And every Se­curity to be given to the Use of any Creditor as a Consideration to persuade him to sign such Certificate, shall be void; and the Party sued on such Con­tract may plead the general Issue, and under it give this special Matter in E­vidence. And Nothing in this Act shall give any Advantage to any Bankrupt who shall have lost in one Day the Value of forty Shillings, or in the whole the Value of ten Pounds within twelve Months, next pre­ceeding his becoming Bankrupt, at Cards, Dice or other Game, or hath born a Share in the Stakes, or Betting.

And if any Bankrupt who shall have obtained his Certificate, shall be [Page 14] taken in Executionor detained in Prison on Account of any Debts con­tracted before he became a Bankrupt, by Reason that Judgment was obtained before such Certificate was allowed, it shall be lawful for any one of the Judges of the Court wherein Judgment hath been so obtained, on such Bankrupt's producing his Certificate allowed, to order any She­riff or Goaler, who shall have such Bankrupt in his Custody, to discharge such Bankrupt without Fee. And upon Certificate under the Hands and Seals of the Commissioners, that such Commission is issued, and such Per­son proved before them to become Bankrupt, it shall be lawful for any of his Majesty's Justices of the Superiour Court, or any of the Courts of Common Pleas, and they are hereby required upon Application made, to grant their Warrants for apprehending such Person, and him to com­mit to the common Goal of the County where he shall be apprehended, and there to remain until he be removed by Order of the Commissioners; and the Goaler to whose Custody such Person shall be committed, is re­quired to give Notice to one of the Commissioners of such Person being in his Custody: And if any Person so apprehended shall within the Time allowed, submit to be examined, and conform as if he had sur­rendred, such Person shall have the Benefit of this Act, as if he had vo­luntarily come in. And every Person who shall (after the Time allow­ed to such Bankrupt) voluntarily make Discovery of any Part of such Bankrupt's Estate, not before come to the Knowledge of the Assignees, shall be allowed five 'Pounds per Cent. and such further Reward as the Assignees, and the major Part of the Creditors in Value, present at any Meeting of the Creditors, shall think fit.

And it shall be lawful for Persons taking Bills, Notes or other Security for Money payable at a future Day, to Petition for a Commission, or join in Petitioning.

And no Commission of Bankrupt shall be awarded, unless the single Debt of the Creditor, or of more Persons being Partners petitioning for the same, amount to fifty Pounds, or unless the Debt of two Creditors pe­titioning amount to Seventy five Pounds, or unless the Debt of more Cre­ditors petitioning amount to One Hundred Pounds, and the Creditors pe­titioning shall, before the same be granted, make Affidavit, or solemn Af­firmation, before a Justice of the Peace of the Truth of their Debts, and give Bond to the Secretary of the Province in the Penalty of One Hun­dred Pounds, to be Conditioned for proving their Debts, as well before the Commissioners, as upon a Trial at Law, in Case the due issuing forth of the same shall be contested, and also for proving the Party a Bankrupt, and to proceed on such Commission as herein is mentioned; and if such Debts shall not be really due, or if after such Commission taken out it cannot be proved that the Party was a Bankrupt, then the Secretary [Page 15] shall, upon Request of the Party grieved, assign such Bond to the Party, who may sue for the same in his own Name. And if any Bankrupt shall, after issuing of any Commission against him, pay to the Person who sued out the same, or deliver to such Person Goods, or Security for his Debt, whereby such Person suing out such Commission, shall privately have more in the Pound than the other Creditors, such Payment, Delivery of Goods, or giving Security, shall be deemed an Act of Bankruptcy, whereby such Commission shall be superseded: And it shall be lawful for the Commander in Chief, with Advice as aforesaid, to award to any Creditors petitioning another Commission; and such Person receiving such Goods or other Satisfaction, shall forfeit as well his whole Debt, as the whole he shall have received, and shall pay back and deliver up the same, or the full thereof, to be divided amongst the other Creditors. And where it shall appear that there hath been mutual Credit given, or mu­tual Debts between the Bankrupt and any other Person, the Commissi­oners or Assignees shall state the Account, and one Debt may be set a­gainst another, and the only Balance of such Account shall be claimed or paid.

And if any Person shall before the Commissioners, or by Affidavit or Affirmation exhibited to them, swear or affirm, that any Sum of Money is due to him from any Bankrupt, which is not really due, knowing the same to be not due, and being convicted by Indictment or Informati­on, such Person shall suffer as in Case of wilful Purjury, and shall be li­able to pay double the Sum so sworn or affirmed to be due.

And after such Bankrupt shall have obtained his Certificate, and the same shall be confirmed, such Bankrupt shall be obliged upon Notice in Writing, to attend the Assignees in order to settle any Account of such Bankrupt's Estate, or to attend any Court of Record, to be examined touch­ing the same, or for such other Business, which such Assignees shall judge necessary for getting in the Bankrupt's Estate; for which Attendance the Bankrupt shall be allowed [...] per Diem; and in Case such Bankrupt shall neglect to attend, or refuse to assist in such Discovery, without good Cause to be shewn to the Commissioners, to be by them allowed (such Assignees making Proof thereof, upon Oath or solemn Affirmation, be­fore the Commissioners) the Commissioners are hereby required to issue a Warrant to such Persons as they shall think proper, for apprehending such Bankrupt, and him to commit to the County Goal, there to remain in close Custody until he shall conform to the Satisfaction of the Com­missioners, and be by the Commissioners or by due Course of Law dis­charged; and such Goaler is required to keep such Person in close Custody within the Walls of the Prison, under the Penalties before-mentioned for suffering such Prisoners to escape: and within eighteen Months after the issuing of any such Commission, the Assignees shall make a second [Page 16] Dividend, in Case the Estate was not wholly divided upon the first, and shall cause Notice to be inserted in the publick Boston News-Papers, of the Time and Place the Commissioners intend to meet to make a second Dividend, and for the Creditors who shall not before have proved their Debts, to come and prove the same; and at such Meeting every Assignee shall produce upon Oath or Affirmation his Accounts, and what upon the Balance shall appear to be in his Hands, shall by like Orders of the Com­missioners be forth with divided, which second Dividend shall be final, unless any Suit shall be depending, or any Part of the Estate standing out, or unless some future Estate of the Bankrupt shall afterwards come to the Assignees, in which Case the Assignees shall, as soon as may be, convert such future Estate into Money, and shall within two Months after, by the like Order of the Commissioners, divide the same. And all Factors are hereby declared liable to this Act.

And no Farmer, Grazier or Drover, or Receiver of Taxes, shall be intitled as such to the Benefits given by this Act, or be deemed a Bank­rupt: And upon Petition of any Person, the Commander in Chief may order such Commissions, Depositions, Proceedings and Certificates, to be entred of Record; and in Case of the Death of the Witnesses proving such Bankruptcy, or in Case the said Commissions or other Things, shall be lost, a Copy of the Records of such Commissions or Things, signed and attested as herein is mentioned, may be given in Evidence to prove such Commissions and Bankruptcy, or other Things; and all Certificates to be allowed and entred of Record, or a true Copy of every Certificate signed and attested as herein is mentioned, shall and may be given in Evidence in any Courts of Record, and without further Proof taken to be a Bar and Discharge against any Action for any Debt contracted be­fore the issuing of such Commission, unless any Creditor of the Person that hath such Certificate, shall prove that such Certificate was fraudu­lently obtained; and the several Clerks of the Inferiour Courts of Com­mon Pleas where the said Bankrupt last dwelt, shall in their several Of­fices enter of Record such Commissions and other Things, and have the Custody of the Entries thereof; and all Persons shall be at Liberty to search, and have Copies of them. And there shall not be paid out of the Estate of the Bankrupt, any Monies for Expences in Eating or Drink­ing of the Commissioners, or of any other Persons at the Times of the Meetings of the Commissioners or Creditors; and no Schedule shall be annexed to any Deed of Assignment, of the Personal Estate of such Bank­rupt; and if any Commissioner shall order such Expence to be made, or eat or drink at the Charge of the Creditors, or out of the Estate of such Bankrupt, or receive above [...] each Commissioner for each Meeting, every such Commissioner shall be disabled to act in any Com­mission of Bankrupts.

[Page 17] And the Commissioners shall not be capable of acting until they respectively shall have taken an Oath to the Effect following, viz.

I A. B. do Swear, that I will faithfully, impartially and honestly, according to the best of my Skill and Knowledge, execute the several Powers and Trusts reposed in me as a Commissioner, in a Commission of Bankruptcy against [...] and that without Favour or Affection, Prejudice or Malice. So help me GOD.

Which Oath any two of the Commissioners are impowered to admi­nister to each other, and they are required to keep a Memorial thereof signed by them, amongst the Proceedings on each Commission.

And no Commission of Bankruptcy shall abate by the Demise of his Majesty, his Heirs or Successors, but shall continue in Force; and if it shall be necessary to renew any Commission by Reason of the Death of the Commissioners, or any other Cause, such Commission shall be renew­ed, and only the Fees usually paid, shall be paid for such renewed Com­mission.

And be it further enacted, That if any Action or Trespass, or other Suit shall happen hereafter to be brought against any Commissioner, or any other Person or Persons having Authority by Virtue or under the Com­mission, authorizing the said Commissioner for the doing or executing any Matter by Force of this Act, that the Defendant or Defendants, in any such Action or Suit, may plead not guilty, or otherwise justify that the Act or Thing whereof the Plaintiff or Plaintiffs complained, was done by the Authority of this Act, without expressing or Rehearsal of any other Matter of Circumstance contained in this Act, and with­out inforcing him or them to shew forth their Commission authorizing the said Act or Thing; whereunto the Plaintiff shall be admitted to re­ply, that the Defendant did the Fact supposed in the Declaration of his own Wrong, without any such Cause alledged by the said Defendant, whereupon the Issue in such Action, shall be joined to be tried by Verdict of twelve Men, and upon the Trial of that Issue, the whole Matter may be given by both Parties in Evidence, according to the very Truth of the same, and if Verdict upon such Issue shall pass for the Defendant, the Defendant shall have Costs.

Provided always, and be it further enacted, That if after any Com­mission of Bankruptcy hereafter sued forth, and dealt in by the Com­missioners, the Bankrupt happen to die before the Commissioners shall distribute the Goods, Lands and Debts of the Bankrupts, or any of them by Force of this Act, that then nevertheless, the said Commissioners shall and may in that Case proceed in Execution, in and upon the said Com­mission, for and concerning the Bankrupt's Goods, Lands, Tenements, Hereditaments and Debts, in such Sort as they might have done, if the Bankrupt were living.

[Page 18] And be it further enacted, That the said Commissioners, or the major Part of them, shall have Power by Virtue of this Act, by Deed Indented and duly Registred within two Months after the making thereof, in the County where such Lands lie, to grant, bargain, sell and convey any Lands, Tenements or Hereditaments, whereof any Bankrupt is or shall be in any Ways seized, of any Estate, in Tail, in Possession, Reversion or Remainder, and whereof no Reversion or Remainder is, or shall be in the King's Majesty, his Heirs or Successors, to any Person or Persons for the Relief and Benefit of the Creditors of all such Bankrupts: And that all and every such Grants, Bargains, Sales and Conveyances, shall be good and available in the Law to such Person or Persons, and their Heirs, against the said Bankrupts, and against all and every the Issues of the Body of such Bankrupts, and against all and every Person and Per­sons, claiming any Estate, Right, Title or Interest, by, from or under the said Bankrupts, after such Time as such Person shall become Bank­rupt, and against all and every other Person and Persons whatsoever whom the said Bankrupt by common Recovery, or other Ways or Means might cut off, or debar from any Remainder, Reversion, Rent, Profit, Title or Possibility, into or out of any the said Lands, Tenements, or Hereditaments.

And be it further enacted, That if any Person that now is, or hereafter shall become a Bankrupt, have heretofore granted, conveyed or assured, or shall at any Time hereafter, grant, convey or assure any Lands, Te­nements, Hereditaments, Goods, Chattels or other Estate, unto any Per­son or Persons, upon Condition, or Power of Redemption, at a Day to come, by Payment of Money, or otherwise, that it shall and may be law­ful, to and for the said Commissioners, or the greater Part of them, be­fore the Time of the Performance of such Condition, to assign and ap­point under their Hands and Seals, such Person or Persons, as they shall think fit, to make Tender or Payment of Money, or other Performance, according to the Nature of such Condition, as fully as the Bankrupt might have done: And that the said Commissioners, or the greater Part of them, shall after such Tender, Payment or Performance, have Power to sell and dispose of such Lands, Tenements, Hereditaments, Goods and Chattels, and other Estates so granted, conveyed or assured upon Con­dition, to and for the Benefit of the Creditors, as fully as they [...] sell or dispose of any the Estate of the Bankrupt.

Provided further, That no Purchaser, for good and valuable Conside­ration, shall be impeached by Virtue of this Act, unless the Commission to prove him or her a Bankrupt, be sued forth against such Bankrupt within five Years after he or she shall become a Bankrupt.

And be it further enacted, That the Discharge of any Bankrupt, by [Page 19] Force of this Act, from the Debts by him owing at the Time that he did become a Bankrupt, shall not be construed to discharge any other Person who was Partner with the Bankrupt in Trade, or stood jointly bound, or had made any joint Contract together with such Bankrupt.

And every Person who shall give Credit on Securities payable at fu­ture Days to Persons who are or shall become Bankrupts, upon good Consideration bona fide, for Money or other Thing not due before the Time of such Person's becoming Bankrupt▪ shall be admitted to prove their Securities or Agreements, as if they were payable presently, and shall have a Dividend in Proportion to the other Creditors, discounting from the actual Payment, to the Time such Money would have become due; and the Bankrupt shall be discharged from such Securities, as if such Money had been due before the Time of his becoming Bankrupt.

And be it further enacted, That where any Persons shall fraudulently swear or depose, or being of the People called Quakers, affirm before the major Part of the Commissioners named in any Commission of Bank­ruptcy, or by Affidavit or Affirmation exhibited to them, that a Sum of Money is due to him or her from any Bankrupt or Bankrupts, which shall in Fact not be really and truly so due or owing, and shall in Re­spect of such fictitious and pretended Debt, sign his or her Consent to the Certificate for such Bankrupt's Discharge from his Debts; that in e­very such Case, unless such Bankrupt shall, before such Time as the ma­jor Part of the said Commissioners shall have signed such Certificate, by Writing by him to be signed & delivered to one or more of the said Com­missioners, or to one or more of the Assignees of his Estate and Effects, under such Commissions, disclose the said Fraud, and object to the Re­ality of such Debt, such Certificate shall be null and void, to all Intents and Purposes; and such Bankrupt shall not in that Case be intitled to be discharged from his Debts, or to have or receive any of the Benefits or Allowances given or allowed to Bankrupts, by this Act; any Thing herein contained to the contrary thereof in any wise notwithstanding.

In the House of Representatives, Febr. 16th 1757. Read a first Time. April 16th 1757. Read a second Time, and refer'd for Considera­tion till the next May Session. And

Ordered, That the Bill be printed for the Perusal of the Inhabitants of the Province.