ney to be confidered Proclamation mo- pounds fterling money aforefaid; and that all quit-rents as current money of referved in proclamation money, shall be confidered as current money of this state. this state. [The fourteenth section of this act is repealed, roth feff. ch. 76. fec. 7.] roth feff. ch. 54. Amended, An ACT for Relief against abfconding and abfent Debtors. sors of their juft dues, do fecretly depart the ftate, and procure their estates 1. Be it enaded 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 from Creditors may make and after the pafling of this act, whenfoever it shall happen application, &c. that any perfon or perfons whom foever, being indebted within this ftate, fhall either fecretly depart this ftate, or keep concealed within the fame, any one creditor, or joint company, whofe debt or demand is due to them jointly, to whom fuch abfconding or concealed perfon or perfons is or are indebted, in the fum of forty pounds, or upwards, or any two to whom he, he or they, is or are indebted, in the fum of fixty pounds, or upwards, or any three to whom he, fhe or they, is or are indebted, in the fum of eighty pounds, or upwards, over and above all discounts, may make application to the judges of the fupreme court of this ftate, for the time being, or any one of them, and make affidavit or affirmation, in writing, in cafes where by law an affirmation is allowed, that the said abfconded or concealed perfon or perfons, is or are indebted to him, her So in the original. or them, in the fum fin one of the fums herein before mentioned, or in any fum exceeding the faid fum herein before mentioned, in any of the cafes aforefaid, over and above all discounts; and that he, fhe or they, do verily believe, that the faid abfconding or concealed perfon or perfons is or are, either departed the ftate, or concealed within it, with intent and defign to defraud him, her or them, and other creditors, if any fuch there be, of their juf dues, or to avoid being arrefted by the ordinary process of law; which departure or concealment fhall alfo be proved to be to the fatisfaction of fuch judge or judges, by two credible provel by two wit- witneffes; and on fuch affidavit or affirmation, and fuch other proof made, the faid judge or judges, or any one of them, hereby is and are fully empowered, authorised and required, forthwith to flue his or their warrant or warrants, to the fheriff of the city or county which contains the laft ufual place of refidence of fuch abfconding or concealed perfon or perfons, or to the fheriff or fheriffs of any or every other chy or county within this ftate, commanding fuch fheriff or fheriffs refpectly to attach, feize, take and fafely keep, all the eftate, as well real as perford, of the said abfconding or concealed perfon or perfons, of what kind or ravete foever, and every or any part or parcel thereof, in whatever part of shell wick they can be found, with all evidences, books of accounts, vouch Su departure or convenient 1 tach neat to be given ers and papers relating thereto; which warrant or warrants the fheriff or fheris refpectively, to whom the fame fhall be directed and delivered, are hereby required, well and truly to execute, and with the affiftance of two fibftantial freeholders, forthwith to make a juft and true inventory of all fuch estate and effects as he fhall feize and take by virtue thereof, and to return the fame, figned by himself and the faid two freeholders, to fuch judge or judges who iffued the warrant or warrants for taking and feizing thereof. II. And be it further enacted by the authority aforefaid, Notice of fuch at- That fuch judge or judges, who fhall iffue fuch warrant or in the news-papers. warrants, fhall, immediately thereafter, order notice to be given in two of the public news-papers printed in this flate, one of which to be printed in the city of New-York, that on application to him or them made, by a creditor or creditors, as the cafe may be, of fuch abfconding or concealed perfon or perions, he has directed all his, her or their eftates, real and perfonal, within this state, to be feized; and that unless he, fhe or they, by name, fo abfconding or concealed, return and discharge his, her or their debt or debts, within three months after fuch public notice given, all his, her or their eftaics, real and perfonal, will be fold for the payment and fatisfaction of his, her or their creditors. III. And be it further enacted by the authority aforesaid, That in cafe any fherif or theriffs fhall, by virtue of any warrant or warrants to be iffued in pursuance of this act, feize and take any perishable goods or chattles, it shall and may be lawful for the judge or judges who iffued fuch warrant or warrants, at his or their difcretion, to order the fale of fuch perishable goods and chattles, and the monies arifing thereby, to be delivered and paid to the truf tees who fhall be appointed in purfuance of the directions of this act. IV. And be it further enacicd by the authority aforesaid, 'That it any fheriff fhall, by virtue of any warrant or warrants to be iffued in purfuance of this act, through ignorance or want of proper information, feze and take any goods, chattles or effects, which fhall or may be claimed or challenged by any perfon or perfons, as his, her or their property, it fhall and may be lawful for fuch fheriff thereupon to fummon and fwear a jury to enquire into, and try the right and property thereof; and if fuch jury fhall, upon fuch inqueft, find the right and property of fuch goods, chattles or effects, to be in the perion or perfons fo claiming the fame, or in any other than the perfon or perfons against whofe effects or eftate fuch warrant or warrants did iflue, fuch fheriff fhall forthwith, after fuch inquifition had and taken, deliver fuch goods, chattels and effects, to the perfon or perfons in whom the property thereof fall be fo found, or to his, her or their agent, attorney or affigns; and fuch fheriff fhall not be liable to any fuit or profecution, for his having feized and taken fuch goods, chattles or effects, fo feized and taken through ignorance or for want of proper information, and all reafonable charges arifing by the fale of fuch perifhable goods or chattles, or by fuch inqueft as aforefaid, shall be allowed and certified by the judge or judges who illued fuch warrant, and paid out of the eftate or effects of the abfconding or concealed perfon or perfons, against whofe eftate and effects fuch warrant iffued, if the property of fuch goods, chattles or effects fo claimed, fhall, by fuch inquifition, be found to be in any other than the perfon or perfons against whole eftate or effects fuch warrant iffued; but if the property of the goods, chattels or effects fo claimed, fhall, by fuch inquifition, be found to be in the perfon or perfons against whofe cftate or effects fuch warrant of attachment did iffue; then all cofis, charges and expences, accrued or arifing by fuch claim and inquifition, or either of them, shall be paid by the perfon or perfons who claimed the fame, or applied for an inquifition to be had, or occafioned the fame to be had and taken. V. And be it further enacted by the authority aforefaid, That if any perfon or perfons, indebted to any fuch abfconding or concealed perfon or perfons, or having the cuftody or poffeflion of any effects, or other thing or things whatfoever, of any fuch abfconding or concealed perfon or perfons, fhall, after fuch first public notice as aforefaid given, pay any debt or demand, or deliver any fuch effects, or other thing or things whatsoever, to any fuch abfconding or concealed perfon or perfons, or his, her or their attorney, agents, factors or affigns, the perfon or perfons fo paying any fuch debt or demand, or delivering fuch effects, or other thing or things whatfoever, fhall be deemed to have paid or delivered the fame fraudulently, and is and are hereby made fiable to answer the fame, or the amount or value thereof, to fuch trustees, or the furvivor of them, as fhall by virtue of this act be appointed to receive and diftribute the eftate and effects of fuch abfconding or concealed perfon or perfons, towards the payment and fatisfaction of his, her or their creditors; and if any perfon or perfons indebted to, or having the cuftody or poffeffion of any effects, or other thing or things whatfoever, of any abfconding or concealed debtor or debtors, fhall, after fuch public notice as aforefaid given, be fued by him, her or them, or by his, her or their order, attorney or procurement, for any fuch debt or debts, duty, demand, effects, or thing, he, fhe or they fo fued, may plead the general iffue, and give this act and the fpecial matter in evidence. VI. And be it further enacted by the authority aforefaid, That all fales and conveyances of the eftates, lands, goods, chattles or effects of fuch abfconding or concealed perfon or prefons, and all affignments of any promiffory note, bill of exchange, fecurity or chofe in action, to him, her or them due or belonging, made by him, her or them, after fuch public notice as aforefaid given, and all letters of attorney by him, her or them, for felling any eftate or effects, or collecting any debts or demands, whether made after or before fuch first public notice as aforefaid given, fhall be null and void, to all intents, conftructions and purpofes whatsoever, as to all acts done or to be done after fuch firft public notice given; any law, ufage or custom to the contrary notwithstanding. VII. And be it further enacled by the authority aforefaid, That if any perfon or perfons, against whofe eftate or effects fuch warrant or warrants of attachment as aforefaid fhall have iffued, fhall, at any time before the appointment of trustees for all the creditors of fuch debtor or debtors, be made either by him, her or them, or by his, her or their attorney or agent, by petition, to the judge or judges who iffued fuch warrant, offer to prove to the court of which he or they is or are judge or judges, in open court, that he, fhe or thev, against whofe eftate or effects fuch warrant or warrants iffued, is or are refident within this flate, and were not, at the time fuch warrant iffucd, nor within thirty days preceding, nor at any time after, and is or are not then abfconding or concealed, and thereby pray that the fame may be heard and determined at the then next term of fuch court; and fhall and do, at the fame time, execute and deliver to the creditor or creditors who applied for and obtained fuch warrant or warrants of attachment, a bond with good and fufficient fecurity, to be approved of by the faid judge or judges, in the fum of forty pounds, binding the obligors jointly and feverally with a condition, that if fuch perfon or perfons by naine, against whofe eftate or effects fuck 1 warrant or warrants iffued, do not prove to the faid court at the then next term, that he, fhe or they, is or are refident in this ftate, and were not at the Eme fuch warrant or warrants iffued, nor within thirty days preceding the if fuing thereof, nor at any time after, and is or are not then abfconding or concealed, then fuch bond or obligation to be void, otherwife to remain in full force and virtue; then, and in every fuch cafe, the judge or rudges who iffued fuch warrant or warrants, fhall report his or their proceedings in the premiles, to the court whereof he or they is or are judge or judges, at the next term thereof; which court is hereby authorised and impowered to compel the partics and their witnelles to come into court, and hear the proofs and allegations of the parties and their witnefles in a fummary way, and thereupon to determine whether the matters and things in fuch petition have been fully proved and fupported: And if fuch court fhall adjudge and determine that the matters and things contained in fuch petition, have been fully and fatisfactorily proved and supported, then fuch court fhall grant a fuperfedeas to fuch warrant or warrants; and the perfon or perfons against whofe eftate or effects fuch warrant or warrants did iffue, fhall recover his, her or their cofts, to be taxed by the faid court in open court, of the creditor or creditors who procured fuch warrant or warrants of attachment to be iffued: But if the faid court fhall judge and determine that the matters and things in fuch petition mentioned, have not been fully and fatisfactorily fupported and proved to the faid court, then the perfon or perfons to whom fuch bond as aforesaid, fhall have been given, his, her or their executors or adminiftrators, fhall recover the penalty or fum of fuch bond, together with cofts of fuit, by action of debt, bill, plaint or otherwife, in any court of record within this ftate; the one moiety of fuch penalty or fum to the ufe of the obligee or obligees, his, her or their executors, adminiftrators or aligns; and the other moiety thereof, when recovered and received to be paid to fuch trustees, or the furvivor of them, as fhall be appointed to manage and diftribute the eflate and effects, for feizing whereof fuch warrant or warrants iflued; to be by fuch truflees, or the furvivor of them, difpofed of and diftributed in like manner as all other monies that may come to their hands by virtue of their appointment as trustees, are directed to be difpofed of by virtue of this act. VIII. And be it further enaded by the authority aforefaid, not return within That if fuch abfconding or concealed perfon or perfons, do to be appointed. not return within three months next after fuch public notice as aforefaid given, and discharge his, her or their debt or debts, or otherwife compound with, or fatisfy his, her or their creditors, not having prefented fuch petition, and given fuch bond as aforefaid; or if fuch abfconding or concealed perfon or perfons fhall have prefented fuch petition, and the court fhall have adjudged and determined that the matters and things in fuch petition mentioned, have not been fully and fatisfactorily fupported and proved, or fhall have refused to grant a fuperfedeas to fuch warrant or warrants; that then, and in either fuch cafe it fhall and may be lawful for the judge or judges who iflued the warrant of attachment, or the judges of the fame court for the time being, or any one of them, to nominate and appoint three or more fit perfons to be trustees for all the creditors of fuch abfconding or concealed perfon or perfons; which truftees fhall take an oath or affirmation, as the cafe may be, well and truly to execute the truft by that appointment repofed in them, according to the beft of their fkill and underftanding: Which oath or affirmation the judge or judges appointing the faid trufices, is and are hereby required to adminifter. If fuch debtor do three months, trustees Ff IX. And be it further enacted by the authority aforesaid, That the faid trustees, or any two of them, when fo as aforefaid appointed, fhall, as foon as may be thereafter, cause public notice to be given in two of the news-papers printed in this ftate, one of which to be printed in the city of New-York, of fuch their appointment, and thereby require all perfons indebted to fuch abfconding or concealed perfan or perfons, by a day certain to be appointed by them, in their faid notice, to pay all fuch fum or fums of money, or other debt, duty or thing, which they owe to fuch abfconding or concealed perfon or perfons, and deliver all effects of fuch abfconding or concealed perion or perfons, which he, he or they may have in his, her or their hands, power or cuftody, to them the faid trustees; and that the faid truftees fhall alfo, by public advertisement, in two of the faid news-papers, defire all the creditors of fuch abfconding or concealed perfon or perions, by a certain time in fuch advertisement to be mentioned, to deliver to the faid trustees, or any one or more of them, their respective accounts and demands, against such abfconding or concealed debtor or debtors. X. And be it further enabled by the authority aforefaid, That fuch trustees, and each and every of them, when fo nominated and appointed, under the hand and feal, or hands and feals of the faid judges, or any one of them, hereby is and are fully authorifed and impowered to take into their hands all the effate of fuch abfconding or concealed perfon or perfons, for the management of whofe eftate or effects they were appointed, and every part and parcel thereof, that fhall have been feized as aforefaid, and all other his, her or their eftate and effects, which they the faid truftees may afterwards difcover in any part of this ftate, and all evidences, books of accounts, vouchers and papers relating thereto; and fuch trustees, immediately after their appointment, shall be, and hereby are declared to be vefted with all the eftate, real and perfonal, of fuch abfconding or concealed perfon or perfons, for the management of whofe eftate they were appointed; and they, and the furvivors and furvivor of them, is and are hereby enabled and made capable to fue for, recover and receive all fuch eftate, as well real as perfonal, debts, dues, effects, or other thing or things whatfoever, as they fhall find due, payable or belonging to fuch abfconding or concealed perfon or perfons; and fuch fheriff or fheriffs as fhall have feized, attached, or taken any eftate, real or perfonal, or any other matter or thing whatfoever, by virtue of any fuch warrant or warrants as aforefaid, fhall deliver the fame to fuch truftees, or one of them; and fuch trustees, and the furvivors and furvivor of them, is and are hereby authorised and directed to make fale, by public vendue, of all fuch eftates and effects of fuch abfconding or concealed perfon or perfons as fhall come to their hands, after fourteen days notice of each time and place of fale refpectively, and of all eftate and intereft which fuch abfconding or concealed perfon or perfons had in the faine; and deeds and releafes, bills of fale, or other conveyances for the fame, or any part or parcel thereof, from time to time to make and execute; which being fo made and executed by them, or any two of them, or the furvivor of them, for fuch eftates or effects, or any part or parts thereof, fhall be, and are hereby declared to be as good, valid and effectual to transfer the property thereof, to all intents, conftructions and purposes whatfoever, as if executed by the faid abfconding or concealed perfon or perions, before fuch public notice as aforefaid given. XI. And be it further enact d by the authority aforesaid, Perions concealing That if any perfon or perfons indebted to fuch abfconding or concealed debtor or debtors, or having the cuftody of debts due, or effects belunging to fuch |