with lawful intereft for the fame from the time of fuch payment. Provided, That in computing whatever may be due on fuch bond or other contract, no interest shall be deemed as having accrued between the first day of January, in the year one thoufand feven hundred and feventy-fix, and the first day of January, in the year one thousand seven hundred and eighty-four.

tend to bonds or con

have, fince the war,

V. And to the end that the debtors and their heirs, devifees, executors and adminiftrators, may be completely indemnified againft fuits on fuch bonds or other contracts in foreign judicatories; Be'it further enacted by the authority aforefaid, That the plaintiff, in the cafe of fuch recovery as laft aforefaid, fhall not be entitled to an execution, unless he or she fhall first have delivered to the clerk of the court where the recovery fhall be had, the bond or other contract, and which fhall thereafter remain filed in the office of fuch clerk. VI. Provided always, and be it further enacted by the auThis act not to ex- thority aforefaid, That nothing in this act contained,, shall tracts, where one or extend to any bond, bill or other contract, or the monies more of the obligers due thereon, where one or more of the co-obligors have, or do now refide in fince the war, or do now refide within the dominions or debts not exceeding territories of the king of Great-Britain, or to any debts due fifty pounds, due by from the perfons who have been inhabitants of this ftate, who have been fuffer from the first day of January, in the year one thousand feven hundred and feventy-fix, until the prefent time, and who have been well attached to the freedom and independence of this state, and actual fufferers by the late war, to any perfon or perfons who have been convicted or attainted as aforefaid, if fuch debts, when contracted, did not respectively amount to upwards of fifty pounds each; but that all fuch debts not exceeding the faid amount as aforefaid, shall be, and are hereby rented and forever discharged, unless due to joint partners or truftees, where one or more of the partners, or the ceftui que trust, have not been attainted or convicted.

Great-Britain, nor to

citizens of this ftate,

ers by the late war.

VII. And be it further enacted by the authority aforefaid, That the trea furer of this state for the time being, fhall and may, on or before the first day of November next, cause advertisements to be printed in two or more of the news-papers printed in this flate, notifying all perfons having claims against any forfeited eftates, that he will, at a certain day to be fpecified in the faid advertisements, not less than four months, nor more than fix months after the publication thereof, proceed to a fettlement of the faid eftates, and the feveral claims thereupon that fhall be produced to him, liquidated according to law. And the faid treasurer fhall and may, at the time specified in fuch advertisements, or as foon after as may be, adjust the feveral claims upon the faid eftates; and if the amount of any of the faid eftates fhall be equal to If the eftates are the payment of the liquidated claims upon the fame, then equal to the payment the faid treasurer fhall immediately proceed to give his cerfurer to give certifi- tificates for the amount of fuch claims refpectively, in the 7th feff. ch.64 manner directed by the act, entitled, ‡ An act for the speedy fale of the confiscated and forfeited eftates within this ftate, and for other purposes therein mentioned; although the fale of the faid refpective eftates fhall not have been closed in the manner prescribed in and by the said laft mentioned act.

of fuch claims, trea

cates for the amount.

traftees, not to be

Bonds taken by per- VIII. And whereas feveral of the perfons who are atfons as executors or tainted or convicted of adhering to the enemies of this ftate forfeited, and how during the late war, and whofe eftates have been confifcated, sained on fuch bonds. Were trustees or executors, and had taken bonds or obliga

actions shall be main.

tions, and other fecurities for monies in their own names only, or jointly with others, for debts due to innocent perfons: And whereas it may be doubted whether by operation of law fuch debts would not be forfeited to the people of this ftate by fuch attainders or convictions; Therefore, Be it further enacted by the authority aforefaid, That in all cafes where it fhall appear, that any bond or obligation, or other fecurity for money, was taken as aforefaid, by any person or perfons whofe eftates have been so as aforefaid forfeited, as executors, or in truft for any other perfon not convicted or attainted as aforefaid, then, and in every such case, such debts fhall not be forfeited, or confidered as forfeited to the people of this ftate, but the like actions fhall and may be maintained upon the fame bonds, obligations and other fecurities for money, taken by the faid perfon or perfons jointly with another or others, as if the faid convicted or attainted perfon had not been named in fuch bond, obligation or other fecurity for money: And that it shall not be neceffary to name or notice the faid convicted or attainted perfon or perfons, in any writ, plaint, process or other proceeding whatfoever, that fhall or may be brought for the recovery of the faid debts. And further, That if fuch attainted or convicted perfon or perfons was or were named alone in any fuch bond or obligation, or other fecurity for money, then the ceftui que truft, and his or her executors or adminiftrators, shall be, and is, or are hereby enabled to bring and maintain an action upon the fame, in his, her or their own name or names, and declare as upon a bond, obligation or other deed or contract, made to the faid convicted or attainted perfon or perfons, in truft for him, her or them, or his, her or their teftator or inteftate, as the cafe may be; any law, ufage or custom to the contray thereof in any wife notwithstanding.

joint partners and cre

IX. And for the relief of joint partners, and perfons who may have been joint creditors with perfons convicted or attainted as aforefaid; Be it further Renet given to per- enadled by the authority aforefaid, That it fhall and may be fons who have been lawful for any fuch joint partners or creditors, not convicted ditors with attainted or attainted, to bring and maintain any action or actions in or convicted perfons. their own name or names, for any fum or fums due upon any bond, bill, covenant, agreement or contract whatsoever, made to him, her or them, and any other perfon or perfons, who fhall or may have been convicted or attainted as aforefaid, fuggefting in the declaration, or fome other proceeding in the faid action, in general terms, that the faid perfon or perfons had been convicted or attainted of adhering to the enemies of this ftate; and the plaintiff or plaintiffs in any fuch actions, fhall and may recover in like manner, as if the faid convicted or attainted perfon or perfons had been naturally dead on the ninth day of July, in the year one thousand feven hundred and feventy-fix; any law, ufage or cuftom to the contrary thereof in any wife notwithflanding.

X. Provided always, and be it further enacted by the authority aforesaid, That the part or fhare of the perfon or perfons fo as aforefaid convicted or attainted, in any debt or fum of money that fhall be so as aforefaid recovered by virtue of this law, fhall be confidered as a debt due to the ftate from the perfon or perfons recovering the faine, and be payable into the treafury of this flate, in like manner as other debts to the ftate are or fhall be made payable by law, unless the perfon or perfons fo recovering the fame, fhall be liable for the debts of the copartnership; in which cafe, upon his, her or their filing a bill in the court of chancery of this flate, difclofing the circumftances of the cafe, and making the attorney-general for the time being, a party thereto, the faid court may give fuch relief as fhall appear to be equitable.

14th feff. ch. 29.

WHEREAS

CHA P. XCII.

Amended, An ACT for giving Relief in Cafes of Infolvency. Paffed 21st March, 1788. HEREAS many of the creditors of unfortunate, but honeft infol vent debtors, incline to give fuch debtors a general discharge, on the delivery of their effects, but are prevented in their humane intentions by fome of the creditors, to the injury of the reft, and to the prejudice of trade; For remedy whereof,

I. Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it Infolvents how to fhall be lawful for any debtor, who now is, or hereafter be ditcharged. fhall become infolvent, in conjunction with so many of his or her creditors, or the attorney or attornies of any creditor, in cafes where the principal of fuch attorney or attornies refides without the ftate, who have or fhall have debts bona fide owing to them by fuch infolvent, amounting, at least, to three-fourths of all the money owing by fuch infolvent, whether the fame be then due or to become due and payable thereafter, in order to obtain a general discharge, to prefent a petition to the chancellor of this ftate, or to any one of the juftices of the fupreme court, or to any one of the judges of the court of common pleas, praying that fuch infolvent's eftate may be affigned, and fuch infolvent discharged according to this act: Provided, That no perfon fhall become a petitioning creditor, who may have purchased or procured to be affigned to him or her, any debt or debts due and owing, or to become due and owing by fuch infolvent, except for fo much only as was actually and bona fide given for the debt fo purchased or procured.

II. And be it further enacted by the authority aforefaid, That any perfon or perfons having any mortgage, judgment, affignment, or other real fecurity, of or upon any lands, tenements, hereditaments, goods or chattels, or thing or things in action whatfoever, either to fuch perfon or perfons, or to any other or others, in truft for fuch perfon or perfons, for fecuring the payment of any fum or fums of money from fuch infolvent, shall not for fuch fum or fums become or be confidered a petitioner in favour of such infolvent, unless fuch perfon or perfons fhall, upon figning the petition aforefaid, add to his or her name fubfcribed to the fame petition, a declaration in writing, that he or she doth thereby relinquish and give up to the affignee or affignees, to be appointed as herein before fpecified, fuch mortgage, judg ment, affignment or other fecurity, for the benefit of all the creditors of fuch infolvent; and every fuch mortgage, judgment, affignment and fecurity, fo relinquifhed as aforefaid, and the lands, tenements, hereditaments, goods and chattels, and things in action fo mortgaged, affigned or affected by fuch judgment or fecurity, fhall, with the refidue of fuch infolvent's eftate, veft in the affignee or affignees of fuch infolvent's eftate, for the purposes aforefaid.

III. And be it further enacted by the authority aforefaid, That to every petition to be prefented to the faid chancellor, juftice or judge, fhall be annexed an affidavit of each petitioning creditor, made before a mafter in chancery, or one of the juftices of the fupreme court, or one of the judges of the court of common pleas, that the fum annexed to the name of fuch petitioning creditor, is justly due to him or her, or will become due to him or her at some future time or times, to be specified in fuch affidavit; and that he or she, or any other perfon to his or her ufe, hath not received from fuch infolvent, or any other perfon, any payment of part of his or her demand against such infolvent in money, or by fale, conveyance, affignment or delivery of any

lands, tenements, hereditaments, goods, chattels, or any thing or things in action, or any gift or reward whatsoever, upon any exprefs, or fecret, or implied contract, promife, engagement, intent, truft or confidence, that he or The should become a petitioner, for and in behalf of fuch infolvent,

ing where creditors

IV. And be it further enalled by the authority aforefaid, Manner of proceed- That no debt or debts due by fuch infolvent to any person petition by attornies. or perfons who fhall petition in favour of fuch infolvent by attorney, shall be taken and deemed to make any part of the three-fourths in value of the debt due by fuch infolvent, unless fuch petitioning attorney shall deliver unto the chancellor, or to the juftice of the fupreme court, to whom fuch petition fhall be made, or to the court of common pleas, of which the judge to whom fuch petition fhall be made, was a member, the original accounts, or authenticated copies thereof, and the original specialties, if any on which the debt to his principal has arifen, with an affidavit of fuch principal annexed in the form of the oath herein before prefcribed to be taken by every petitioning creditor of fuch infolvent, which affidavit fhall be made before a judge or juftice of one of the fuperior or fupreme courts, or a notary pub lic of the flate or kingdom wherein fuch creditor fhall refide, and be certified under the hand and feal of fuch judge, juftice or notary public.

to the chancellor, or

their creditors, and

them;

V. And be it further enadled by the authority aforefaid Infolvents to deliver That every fuch infolvent fhall deliver, or caule to be dejudge, an account of livered to the chancellor, or justice of the fupreme court, of the monies due to or judge of the court of common pleas, at the time of prefenting fuch petition, a full, juft and true account of all his And alfo an inven- or her creditors, and the monies owing to them refpectively sory of their eftates; by fuch infolvent; and alfo, a full, true and juft inventory, and account of all the estate both real and perfonal in law and equity, of fuch infolvent; and of all books, vouchers and fecurities relating to the fame; and the faid chancellor, juftice, or fuch judge of the court of common pleas, fhall adminifter to fuch infolvent, an oath to the following effect:

And to take an oath.

do folemly fwear, in the prefence of Almighty God, That

I the account here

tors, and of the monies owing by me to them refpectively, to the best of my knowledge and remembrance; and that the inventory or account, alfo here with delivered, is a juft and true inventory or account of all my eftate, real and perfonal, both in law and equity, either in poffeffion, reverfion or emainder; and that I have not directly or indirectly, fold, leafed, or otherwife difpofed of or made over, in truft for myself or otherwife (except as is fet forth in the fame account or inventory) any part of my eftate, real or perfonal, for my future benefit, or for the benefit of any other perfon or perfons, in order to defraud my creditors, or any of them; and that I have not at any time, given any mortgages, bonds, notes, or other fpecialties, or confented to any judgment paffing against me, except for money, property or effects, actually bought and received, to the real value of the fums fpecified in fuch mortgages, judgments, bonds, notes or other fpecialties; and that I have in no inftance become a debtor to any of my creditors with intention to defraud any other or others of my creditors, or with intent to obtain the benefit of the act, entitled, An act for giving relief in cafes of infolvency.

Infolvent and peti. ning creditors to

Which oath being taken by fuch infolvent, he or she and blith an advertite the petitioning creditors, or one of them, fhall cause an advertisement to be published for fix weeks fucceffively in the news-paper printed by the printer to the ftate, and in one of the news-papers to be printed in the county in which fuch infolvent fhall refide or be imprisoned, and it no news-paper is printed in fuch county, then in one of the news-papers printed in the city of Albany, and shall allo caufe a copy of fuch advertisement, to be put up fix Mondays fucceffively on the outward door of the court-houfe or gaol of the city or county in which fuch infolvent fhall refide or be imprifoned, and by which advertisement all the creditors of fuch infolvent shall be required to fhew caufe, if any they have, by such a day as fhall be appointed by the chancellor, or justice, or if fuch affidavit is made before a judge of the court of common pleas, then at the term of fuch court, to be held next after the expiration of the fid fix weeks, fpecifying the time and place, when and where fuch term fhall be held, why an affignment of the faid infolvent's eftate fhould not be made, and the faid infolvent difcharged according to this act; at which day or term fo appointed, or on any other fubfequent day or term, that the chancellor or juftice, or court of common pleas may judge proper to appoint, and if no fufficient caufe to the contrary appears, and the chancellor, juftice of the supreme court, or the faid court of common pleas fhall be fatisfied, that the faid in folvent is juftly and truly indebted to the fubfcribing petitioners in the fums by them refpectively mentioned, and that fuch fums amount in the aggregate to three-fourths of the debts due by fuch infolvent, and that fuch infolvent has conformed in all things to thofe matters required of him or her, according to the true intent and meaning of this act, the said chancellor, justice of the fupreme court, or the faid court of common pleas, fhall direct a grant or affignment of all fuch infolvent's eftate, both in law and equity, in poffeffion, reverfion or remainder, to be made by fuch infolvent to the perfon or perfons nominated by the petitioners, or a majority of them, in refpect to the amount of their faid demands on the faid infolvent, except fuch articles of wearing apparel and bedding as in the opinion of the chancellor, juftice of the fupreme court, or court of common pleas aforefaid, fhall be reafonable and neceffary for fuch infolvent, and for the family of And alfo arms and fuch infolvent to retain; and also the arms and accoutrements of fuch infolvent, if any there are mentioned in fuch inventory, required by law to be provided by any citizen enrolled in the

Except wearing an

parel and bedding;

accoutreinents.

militia.

VI. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for the chancellor, juftice, or court of common pleas, before whom fuch petition fhall be depending, upon application by any creditor of fuch infevent, to examine fuch infolvent, his wife, the petitioning creditors, and any other perfon and perfons upon oath, touching every matter relative to the eftate, debts and credits of the faid infolvent, and for that purpofe to iffue a warrant, under the hand and feal of fuch chancellor or juflice, or of a judge of the faid court of common pleas, requiring any perfon or perfons to appear and answer before the faid chancellor, juftice, or court of common pleas, touching the matters by this act directed to be heard by them; and every perfon who being ferved with fuch warrant, fhall, without reafonable let or hindrance, refufe or neglect to appear, or appearing, fhall refuse to anfwer upon oath touching the matters aforefaid, fhall forfeit