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ROBERT EDEN, Esq; Governor.
case sufficient estate of the absconding person shall not come to the
hands of the
said trustees, nor be reduced into money, at the time of making the first
dividend,
to satisfy the whole of the creditors, and thereafter any debts should
be recovered by
them the said trustees, or any of the absconding person's estate come to
their hands,
the same shall be reduced to money, and distributed, together with such
part as
was not before reduced into money, in manner aforesaid, after such notice
as aforesaid. |
1773.
CHAP.
XIII. |
XII. Provided
always, That no sale shall be made of any lands, tenements
or hereditaments, where the personal estate seized, or which may be seized,
and
debts received, are sufficient to satisfy all the creditors and costs;
and that no
more of the effects of any absconding person shall be sold, than may be
deemed as
near as may be, together with debts received, sufficient to satisfy his
or her creditors,
with costs; and all the remaining part of the effects seized, together
with
the overplus money (if any there be) shall be delivered back by the said
trustees to
the owner or owners thereof, or to his or her attorney or attornies, executors,
administrators
or assigns. |
Proviso. |
XIII. And,
whereas it may often happen, that absconding persons may be indebted,
but by the terms of their contracts the debts may not be demandable till
after the time of the dividend made, and many times suits may be depending
undetermined,
when the trustees are obliged to make the said dividends; It
is therefore
hereby enacted, That the said trustees may allow and take, into
all such dividends,
all just debts, although the time of payment be not incurred, deducting
thereout at and after the rate of six per cent. per annum, from
the time of such
dividend struck to the time at which by contract the debt ought to be paid:
And
that over and above, ten pounds per centum for the first hundred
pounds, and seven
pounds ten shillings for every hundred pounds thereafter, and so pro
rato, on the
whole sum which shall come to the hands of the said trustees, which the
said trustees
are hereby empowered in all cases to retain in their hands for their commission,
and as a reward for their services; they may also retain in their hands
a reasonable
sum, where any suits by them as trustees are depending, to indemnify and
secure themselves against the costs of such suits. |
Trustees to
take into the
dividends all
just debts, &c. |
XIV. And be
it further enacted, That the trustees to be appointed in virtue
of
this act, shall be subject to such orders and directions as shall, from
time to time,
be made in the court from whence their commission issued, for the more
effectual
putting this act in execution; and on the death of any of the said trustees,
or
their or any of their refusal to act, the court from whence such commission
issued
shall, and is hereby empowered, to issue a new commission, to such person
or
persons as to the same court shall seem expedient, to act in the place
or stead of
any such trustee so dead, or who shall refuse to act; and such court is
likewise
hereby empowered to displace any trustee or trustees for negligence or
misbehaviour,
and to put and place others to act in their stead, and the whole power
of such
displaced trustee shall thenceforth cease, and the trustee so displaced
shall immediately
deliver over to the other trustees all the estate of the said absconding
person,
and all books and papers concerning the same, in his hands, custody or
power,
touching which he may be examined on oath by the court, and on his refusal
to
submit to such examination, or to make such delivery, shall be committed
to close
prison till he doth the same. |
And be subject
to the directions
of the
court, &c. |
XV. And be it
further enacted, That where attachments shall be issued,
both out of any county court and the provincial court, against one and
the same
absconding person, then, and in such case, upon application made to the
provincial
court, or any one justice thereof, a certiorari shall issue to remove
the proceedings
of the county court before the provincial court, and on the return of such
certiorari, the provincial court shall proceed therein, and the
trustees appointed
by that court shall be invested with all the personal estate and papers
seized by
virtue of the attachment issued out of the county court, as if the same
had been
seized by virtue of the attachment issued out of the provincial court;
and where
attachments shall issue out of the provincial court and any county court,
to the |
Where attachments
shall be issued,
on application
certiorari may
issue to remove
the proceeding,
&c. |
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