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 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 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, 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 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.

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.

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.

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 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 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, 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 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 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 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 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 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.

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.

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 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.