powered to grant unto such person, without fee or reward, one or more certificate or certificates, under their respective hands and seals, certifying that the person therein-named hath surrendered his or her estate, and in all things conformed to this act, by virtue whereof he or she is to be free from all arrests, restraints or imprisonment, at the suit of any of his or her creditors, for and during the time therein-limited, which may be renewed and continued from time to time by the acting assignees, as they shall see cause; and such certificate being proved before the court of that county, city, town or corporation, wherein such debtor lives, shall be recorded; and the clerk of such court is hereby required to isuse under his hand, when demanded, one or more copy or copies of such certificate, which being produced to the officer who shall arrest the person, thereby privileged, and giving such officer a copy thereof, he or she shall be forthwith discharged, and in case any officer shall nevertheless detain him or her, such officer shall forfeit and pay to the party detained, for his or her own use, twenty shillings for every day such officer shall detain him or her, to be recovered in any court of record of this dominion, with full costs of suit; and where any insolvent person shall be in custody or execution before such certificate obtained, it shall and may be lawful for any justice of the peace of any county, city, town or corporation, within this colony, upon petition of such prisoner, by warrant under his hand and seal, whereof notice shall be given to the party or par ties, his or their executors, administrators, attorney, or agents, at whose suit such prisoner shall be imprisoned, to require the sheriff, gaoler, or keeper of any prison within his jurisdiction, to bring before the justices of the peace, at the court to be held next after the date of the said warrant for such respective county, city, town or corporation, the body of any person being in prison as aforesaid, together with a list of the several writs or executions with which he or she is or are charged, which warrant every such sheriff, gaoler or keeper, is hereby commanded to obey; and such prisoner shall before the justices, in open court, subscribe and deliver in a schedule of his or her whole estate upon oath, as by this act is before directed, to the use of his or her creditors, or shall make it appear to the satisfaction of such court that he or she

hath already delivered such schedule to his or her creditors, according to the directions of this act; and thereupon it shall be lawful for the said justices, or any four of them, by their warrant, to command such sheriff, gaoler or keeper, forthwith to set at liberty such prisoner, which warrant shall be a sufficient discharge to such sheriff, gaoler or keeper, and shall indemnify him or them against any escape or escapes, action or actions, whatsoever, which shall or may be brought or presented against him or them by reason thereof, and such prisoner shall be accordingly forthwith discharged, without fee or reward, under penalty of twenty-shillings, to be paid by every officer who shall detain him or her after such warrant produced, for every day he or she shall be so detained, to be recovered as aforesaid by the party detained, and such officer shall morcover be liable to the action of the party aggrieved; and if any action shall be commenced against any sheriff, or other officer, for performance of his duty in pursuance of this act, the defendant may plead the general issue, and give this act, and the special matter, in evidence, and upon nonsuit, or judgment for the defendant, he shall have double costs.

XIV. And that evil-minded persons may not, to the Where an prejudice of creditors, abuse the liberty by this act insolvent abintended to such debtors only, as do and shall in all sconds. things conform thereto: Be it further enacted, That if any person obtaining such certificate or warrant of freedom from arrests, restraint or imprisonment, shall afterwards abscond or conceal him or herself, or shall remove or endeavour to remove and escape out of this dominion, he or she shall lose and be bar. red of all protection and benefit intended by this act; and it shall be lawful for the respective assignees, or any creditor or creditors of such person, or their or any of their agents, accompanied by a constable or other officer, at any time afterwards, to seize and retake the body of such debtor so concealed, escaped, or endeavouring to escape, and to bring him or her before any justice of the peace, for the county, city, town or corporation, where he or she shall be retaken; and every justice of the peace, before whom such prisoner shall be brought, shall be, and is hereby authorized and empowered, by warrant under his hand and seal, reciting the cause of commitment, to command the sheriff, gaoler or prison-keeper, of such

respective county, city, town or corporation, to receive the body of such prisoner so retaken, and him or her safely keep in his custody, without bail or mainprize, until he or she shall be thence discharged by due course of law. And such prisoner so concealed or escaped, or endeavouring to escape, and so retaken, shall be proceeded against as a felon; and being thereof lawfully convicted, shall be deemed and adjudged guilty of felony, and shall suffer as a felon. without benefit of clergy; and his or her estate shall go, and be divided, among his or her creditors. And if any sheriff, or other officer, having such prisoner in custody, shall voluntarily or negligently suffer him or her to escape, or if any other person or persons shall wilfully aid, counsel, assist or rescue, such prisoner, knowing him or her to be an insolvent debtor, within the meaning and construction of this act. every sheriff or officer so suffering an escape, and every other person knowingly aiding, counselling, or assisting such debtor to remove, escape, or conceal him or herself, or rescuing such prisoner, shall be liable for all debts from him or her due and owing at the time of such escape, concealment or rescous; which shall and may be recovered with costs, by action of debt, in the name of the assignees of such debtor, for the use of his or her creditors, in any court of record of this dominion.

Assignees to XV. And to the end assignees may faithfully diskeep a book charge their trust, and may not delay dividing and of their pro- paying the monies or effects lodged in their hands for ceedings. the use of creditors, Be it further enacted, by the authority aforesaid, That every person and persons chosen assignee or assignees of the estate and effects of any debtor, by virtue and in pursuance of this act, and accepting such trust, shall execute the same in all things as by this act required and directed, and not otherwise; and shall from time to time enter, or cause to be entered, in a book for that purpose, just and true accounts of all their receipts, disbursements and payments, and also all claims proved and allowed, how and to whom due, all sales by them made, with the names of the respective buyers and securities, and how the clear produce of the estate in their hands is divided, proportioned and paid, to the several crelitors respectively, and also the receipts given by such creditors, or their agents, upon payment thereof, and all their proceedings from time to time during the

continuance of their authority and trust; to which book the debtor, and every creditor, having proved his debt, or the agent of such creditor, shall, at all seasonable times, have free resort, and inspect the same as often as they think fit; and a true copy of such book shall be by such assignees subscribed, and delivered upen oath, in open court, before the justices of that county, city, town or corporation, wherein the debtor's estate was sold, to be recorded: and the said assignees shall, within eighteen months after their appointment, make a final dividend of the clear produce of the debtor's estate and effects in their hands, and pay to every creditor respectively his or her just proportion or share thereof, as by this act directed, out of the monies received, or securities taken, upon sale, when by such creditor, his or her agent, after expiration of the said eighteen months, demanded, the party receiving the same giving a receipt; and thereupon the said assignees, having bona fide executed the trust in them reposed, according to the directions and true intent and meaning of this act, shall be, and are hereby declared to be indemnified and discharged from all fu- The asture claims or demauds for or concerning such estate; signees duty and their authority and trust shall cease and be determined; but in case any assignees or asssignee shall delay to make such dividend, or to pay the same as aforesaid, after expiration of the time by this act limited, or shall not render just and true accounts as by this act directed and required, all and every such assignees and assignee so delaying, or not rendering true accounts, their and every of their respective heirs, executors and administrators, shall be liable to the action of every creditor claiming under such assignment, for his or her debt and damages, and shall moreover forfeit and pay to the party aggrieved by such delay ten per cent. upon the sum to him or her due, to be recovered with costs by the party aggriev ed, his or her executors or administrators, in any court of record of this dominion.

found Before

or after dis

XVI. Provided always, That if at any time before when an inor after final distribution made as aforesaid, any other solvent's ef estate or effects belonging to an insolvent person be- fects are fore his surrender shall be discovered or found, the same shall be, and is hereby vested in the assignees tribution. of such insolvent person's estate, to be by them, or the surviver of them, demanded, sued for, and recovered, in any court of law or equity, in the same

manner and right as such insolvent person might or could sue for and recover the same; and out of the monies arising thereby, the assignees or assignee receiving the same shall pay to the party making such discovery a reward of ten per cent, on the money received for his or her own use, and the residue shall be distributed and paid to and among the respective creditors in manner and proportion aforesaid: and where any estate, real or personal, shall be found mortgaged by an insolvent debtor, at any time before his or her becoming insolvent, and surrendering his or her estate as aforesaid, if such mortgage be redeemable, the assignees may, if they think fit, and they are hereby authorized and empowered to tender the principal sum and interest, if any due thereon, for the payment whereof such estate was mortgaged, to the party or parties to whom the mortgage was made, who is, and are hereby required to accept the money so tendered, and to restore and deliver up the estate mortgaged, together with the deed or deeds of the mortgager, unto the said assignees, which estate so mortgaged and redeemed shall from thenceforth be, and is hereby vested in the assignees redeeming the same, for the use and benefit of the respective creditors; and such assignees shall and may, and are hereby empowered and required to sell, and convey to any person or persons whatsoever, all the estate, real and personal, so redeemed, and all the right, title and interest, of such debtor in or to the same, or any part thereof, as fully and amply as such debtor might or could lawfully do, which sale shall be made upon notice given, and twelve months credit, in manner by this act before directed, and the clear profits arising by such redemption and sale accounted for distributed, and paid in like manner and proportion. to and among the respective creditors of such mortgager. And in case any mortgagee shall refuse to accept such tender, and thereupon to deliver up any redeemable estate, as by this act required, the assignees making such tender shall and may, by virtue of this act, at any time, recover the same, and shall have, and be entitled to, the same methods and rights of recovery, to all intents and purposes, at the common law, or in equity, as the mortgager might have or be entitled to; and every court of record of this dominion is hereby authorized and declared to have and take cognizance and jurisdiction thereof.