ble the fur or value.

debtors, to forfeit dou- any goods, chattels or effects, or other thing or things whatever, of fuch abfconding or concealed debtor or debtors, fhall conceal the fame, and not deliver a juft account thereof to fuch trustees as aforefaid, or one of them, by the day for that purpose by them appointed, he, the or they, fo concealing, or not delivering fuch account thereof, fhall forfeit double the fum of the debt or debts, or double the value of the goods, chattels, effects, or other thing or things fo concealed or not accounted for, to be recovered by the faid truftees, in any court within this ftate having jurifdiction to the amount of fuch forfeiture, and applied as herein after directed: Which faid courts are hereby respectively fully impowered to compel to come before them all fuch perfon or perfons who shall so conceal, or not account as aforefaid, and them to examine upon oath or affirmation touching the premises, and to commit them or either of them to prifon, if they refufe to be fo examined, or being fo examined, refufe to answer fully and fatisfactorily to fuch court.

XII. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for the truflees of any debtor or debtors eftate, heretofore appointed by virtue of any of the laws of this ftate, or the late colony of New-York, relating to fraudulent or abfconding debtors, or hereafter to be appointed by virtue of this act, or the furvivors or furvivor of them, or the major part of fuch furvivors, to apply to any juftice of the peace in this ftate, who is hereby, in fuch cafe, required to grant a warrant under his hand and feal, commanding fuch debtor or debtors, the wife or wives of fuch debtor or debtors refpectively, and every other person whomfoever, known or fufpected to detain any part of the eftate of fuch debtor, or to be indebted to it, or knowing or fufpected to know any thing concerning the concealment or embezzlement thereof, by their respective names forthwith to be brought before fuch justice and trustees, at fuch place as the faid juflice and trustees, or the major part of them, or the furvivors or furvivor of them, or the major part of fuch furvivors, fhall, at the time of the applica-tion for, or the iffuing of fuch warrant, appoint, where the faid juftice of the peace is alfo hereby required and commanded to be prefent, or in cafe of his death, abfence or indifpofition, fuch other juftice of the peace as the faid trustees, or the major part of them, or the furvivors or furvivor of them, or the major part of fuch furvivors, fhall request to be prefent; at which meeting, as well the faid juftice of the peace as the faid truftces, or the furvivors or furvivor of them, or the major part of fuch furvivors, fhall and may examine on oath, or if a perfon privileged by law to affirm, on his or her affirmation (which oath or affirmation the faid juftice of the peace is hereby required to adminifter) as well by word of mouth as on interrogatories in writing, all and every perfon or perfons brought before the faid juice and truflees by virtue of fuch warrant or warrants, and any other perfon or perfons prefent at fuch meeting, touching all matters relative to the perion, trade, delings, debts, credits, eftate or effects of all and every fuch debtor or debtors; and alfo to reduce to writing the answers of every fuch perfon had, given or taken before them as aforefaid; which examination, fo reduced to writing, the perfor fo examined fhall and is hereby required to fign and fubfcribe; and in cafe any perfon fo brought before them the faid juftice and truflees, or the furvivors or furvivor of them, or the major part of fuch furvivors, fhall refufe to be fworn, or if a perfon fo privileged by law, to affirm as aforefaid, or being fworn or affirmed, fhall refufe to answer or fhall not fully answer to the fatisfaction of the said justice, all lawful quef

tions put to him, her or them, by the faid juftice and trustees, or the major part of them then pretent, as well by word of mouth as by interrogatories in writing, or fhall refuse to fign or fubfcribe his, her or their examination fo taken down in writing as atorefaid, not having a reasonable objection either to the wording thereof or otherwife to be allowed by the faid juftice; it fhall and may be lawful for the aid juftice of the peace, and he is hereby required, by warrant under his hand and feal, to commit him, her or them, to priton, there to remain without bail or mainprite, until fuch time as fuch perion or perions refpectively fhall fubmit to the faid juftice to be sworn or afirmed as atorefaid, and full aniwer to make to the fatisfaction of the faid jullice, to all fuch queftions as fhall be put to him, her or them, as aforefaid, and to fign and fubicribe fich examination as aforefaid, according to the true intent and meaning of this act. Provided always, That in case any perfon or perfons fhall be committed as aforefaid, for refufing to be fworn or affirmed, or to antwer, or for not fully answering any queftion or questions put to him, her or them, by the faid juftice and truflees, or the major part of them then present, by word of mouth or on interrogatories; that the faid juftice of the peace fhall, in his warrant of commitment, specify fuch default refpectively; and if the commitment be for refufing to answer any question or interrogatory, the faid juice fhall, in his warrant, fpecify fuch interrogatory or interrogatores, queftion or queflions. Provided alfo, That in cafe any perfon or perfons committed by fuch warrant or warrants by virtue of this act, fhall bring any habeas corpus, in order to be difcharged from any fuch commitment, and on the return of any fuch habeas corpus, there shall appear any infufficiency whatever in the form of the warrant whereby fuch perfon was committed, by reafon whereof the party might be discharged of fuch commitment; that then it fhall and may be lawful for the court, or judge before whom fuch party fhall be brought by habeas corpus as aforefaid, and fuch court or judge fhall, and is hereby required, by rule, order or warrant, to commit fuch perfon or perfons to the fame prison to which he was first committed, there to remain as aforefaid, unless it fhall be made appear to fuch court or judge, by the party committed, that he, fhe or they have fully answered all lawful queflions put to him, her, or them, by the faid juftice and truflees that were then prefent, or the major part of them; or in cafe fuch perfon was committed for not figning his, her or their examination, unless it hall be made appear to fuch court or judge, that the party fo committed had a good and fufficient reafon for refuling to fign the fame; and in cafe any gaoler, or keeper of any prifon or gaol, to whom any fuch perfon or perfons fhall be committed as aforefaid, fhall wilfully fuffer any fuch perfon or perfons to escape from fuch prifon, until he, fhe or they fhall be duly discharged as aforefaid, fuch gaoler or keeper fhall, for every fuch offence, firft being duly convicted thereof on indictment or information, forfeit to the truflees appointed to manage and diftribute the estate and effects of fuch abfconding or concealed perfon or perfons refpectively, a fum equal to all fuch fum or fums of money as fhall be due or owing to the creditor or creditors of Such forfeiture not fuch abfconding or concealed perfon or perfons, provided to exceed toool. the fame does not exceed the fum of one thousand pounds; to be fued for and recovered by the faid truflces, or the furvivors or survivor of them, in any court of record within this flate, and diftributed as herein after directed.

XIII. And be it further enafled by the authority aforefaid, That in cafe any perfon fo to be examined as aforefaid, either in court or before fuch ju

tice and truflees as aforefaid, fhall wilfully and knowingly fwear or affirm falfely, the perion fo offending fhall be liable to the fame pains and penalties as thofe who are convicted of wilful and corrupt perjury.

fecreted effects, al

the value thereof.

XIV And be it further enaded by the authority aforesaid, Perfons lifcovering That any perfon or perfons (others than those who have lowed to per cent, on the effects in their cuflody) who fhall difcover any effects of any abfconding or concealed debtor or debtors, fecreted ⚫contrary to the true intent and meaning of this act, fo that they be recovered by the truflees of fuch abfconding or concealed perfon or perfons eftates, fhall be, and hereby is or are entitled to ten per cent. on the value of all effects fo discovered, recovered and received by the faid trufices, to be paid to the perfon or perfons fo difcovering, by the faid truftees, out of the eftate or effects of fuch abfconding or concealed debtor or debtors.

XV. And be it further enacted by the authority aforesaid, That the trufees of any abfconding or concealed debtor's eflate, already appointed in purfu ance of any of the faid laws of this flate, or of the late colony of New-York, relating to abfconding and fraudulent debtors, or hereafter to be appointed in purfuance of this act, or any two of them; are hereby fully empowered to fettle and adjust all matters, contracts and accounts that may be fubfifting be-" tween fuch abfconding or concealed perfon or perfons, and his, her or their debtor or debtors, and allo between fuch abfconding or concealed perfon or perfons, and his, her or their creditor or creditors, and to examine any perfon or perfons upon oath or affirmation, concerning any matters, accounts or fettlements between them, or either of them; which oath or affirmation the faid trustees, or any one of them, two of them being prefent, is and are hereby empowered to adminifter.

to fettle controverfies by reference.

XVI. And for the greater eafe and relief of fuch trufices Trustees empowered as aforefaid, Be it further e. alied by the authority aforefaid, That in cafe any controverfy fhall arife concerning any debt, matter or thing, claimed by any creditor or creditors of fuch abfconding or concealed perfon or perfons, or concerning any debt, due, duty, matter or thing claimed by the faid truftees, from or against any perfon or perfons, as belonging to, or in right of the effects or eftate of fuch abfconding or concealed debtor or debtors, previous to fuch public notice as aforefaid first given, it shall and may be lawful for fuch trustees already appointed as aforefaid, or hereafter to be appointed in pursuance of this act, or any two of them, or the furvivors or furvivor of them, to have every fuch controverfy determined in the following manner; That is to fay, The faid truflees, or any two of them, or the furvivors or furvivor of them, may nominale two referees, not being creditors of fuch abfconding or concealed debtor or debters, or to them known to be otherwife interefled in fuch controverfy, or related to any perfon interested in fuch controverfy; and the other party or parties in fuch controversy fhall alfo nominate two indifferent perfons to be referees, and their names fhall be feparately written on four pieces of paper, as nearly as may be of the fame fize and figure, which fhall be rolled up feparately in the fame manner, and put into a box, and from thence one of the truflees fhall draw out three of the faid pieces of paper, and the perfons whofe names are fo drawn, fhall finally fettle fuch controverfy; and if any referees fo appointed, fhall refufe, or be incapable of acting, in a reasonable time, a new choice fhall be made, in like manner as before, of another or others, in the room of him or them fo refuting, or being incapable of acting as aforefaid; and in cafe any person or perfons who all have any contro

verfy with any fuch trustees as aforefaid, fhall refufe to nominate fit perfons to be referees on his, her or their part, then fuch trustees, or any two of them, or the furvivors or furvivor of them, are hereby empowered to nominate referees for him, her or them fo refufing, and to proceed to the final fettlement of fuch controverfy, in manner aforefaid.

eftates and effects of

&c.

XVII. And be it further enacted by the authority aforefaid, Trustees to convert That all truflees hereafter to be appointed by virtue of this debtors into money, act, fhall proceed to convert the eftate, real and perfonal, and to collect debts, of fuch abfconding or concealed debtor or debtors, for the management of which eftates refpectively they fhall be appointed, into money, and collect the debts due to the fame; and that the faid trulees, or any two of them, or the furvivors or furvivor of them, fhall caufe public notice to be given in two of the public news-papers printed in this ftate, one of which to be printed in the city of New-York, requesting a general meeting of all fuch creditors as fhall chufe to attend, to examine and fee the debts due to each perfon ascertained, at a certain time and place, by fuch trustees in their faid notice to be appointed, which fhall not be lefs than two, nor more than three months after fuch notice given, nor more than one year and an half from the time of their first appointment; at which meeting, or other fubfequent meetings neceflary for that purpofe, to be continued by adjournment, if necefiary, when all accounts are fairly flated and adjufted, they fhall proceed to make a diftribution or divifion amongst the creditors, in proportion to their respective juft demands, of all fuch monies as fhall have come to their hands as truflees of fuch eftate or effects (of which all forfeitures by them recovered and received by virtue of this act, fhall be confidered as a part) first deducting thereout all legal charges and commiffions; in which payments no preference fhall be allowed debts où fpecialties. to debts due on fpecialties: And if the whole of fuch abfconding or concealed debtor or debtors eftate fhall not be then fettled and diftributed, fuch trustees, or any two of them, or the furvivors or furvivor of them, fhall, within the pace of one year thereafter, make a fecond dividend of all fuch monies as fhall have come to his or their hands after the first divifion; and fo from year to year, until a final fettlement thereof, and a juft and equal diftribution of such eftate or effects fhall have been made amongft the creditors of fuch abfconding or concealed debtor or debtors, in proportion to their respective juft demands; and if any furAny furplus remain plus fhall remain after all juft debts and legal charges and ing, to be paid to the commiffions are fully paid and fatisfied, fuch furplus fhall be paid or delivered to the faid abfconding or concealed perfon or perfons, his, her or their executors, adminiftrators or affigns.

No preference to

debtor.

XVIII. And be it further enabled by the authority aforesaid, That any perfon or perfons wiio may have given credit to any fuch abfconding or concealed debtor or debtors, on a valuable confideration, for any fum of money, which shall not be due or payable at the time of any fuch divifion or diftribution as aforefaid, but will become due or payable at fome after time, fhall and may, nevertheless, be admitted and confidered as a creditor or creditors whofe debts were then due, and fhall receive a dividend of the estate of such abfconding or concealed debtor or debtors, in the fame proportion as other creditors, deducting thereout only a rebate of legal intereft for what fhall be received on fuch debt or debts, to be computed from the actual payment thereof, to the time fuch debt or demand refpeétively would have become due.

Creditors neglecting

deliver their ac

until fach fettlement.

XIX. And be it further enacted by the authority af refaid, counts to the trufces, That if any creditor or creditors fhall neglect or refufe to er to adjust or fettle the farne, excluded give notice of, or deliver to the faid trustees, an account of from any dividend his, her or their debt or demand, or having any controverfy relating to, or concerning the eftate of fuch abfconding or concealed debtor or debtors, fhall refufe to adjuft or fettle. the fame with the faid trustees, in the manner in and by this act directed, until after a divifion shall have been made ofthe monies and effects in the hands of the faid trustees, any fuch creditor or creditors fhall not be entitled to any dividend, and the whole monies then in hand to be divided, fhall be divided by the faid trustees among the other creditors; but in cafe the whole of the eftate of fuch debtor or debtors fhall not be divided and fettled at the first divifion, then, if fuch creditor or creditors refpectively fhall prove and deliver unto fuch trustees, an account of his, her or their debt or demand, before the time appointed for the second divifion, or fhall have fettled fuch controverfy as aforefaid, with the faid truftees, then fuch creditor or creditors fhall have his, her or their firft dividend, or fo much money as he, fhe or they would otherwise have been entitled to, on the firft divifion, before any fecond dividend shall be made.

out of this ftate, en

this act.

XX. And be it further enacted by the awhority aforefaid, Creditors refiding That any creditor or creditors refiding out of this ftate, fhall titled to the benefit of be entitled to all the privileges and benefits of this act; and that the attorney or attornies of every fuch creditor or creditors refiding out of this flate, on producing a letter of attorney from fuch creditor or creditors, duly authenticated, and legal proof of the debt due, fhall and may, in all refpects, act, do, and proceed for and in behalf of fuch creditor or creditors, in the fame manner as fuch creditor or creditors might or could do, for fecuring or recovering their respective debts from fuch abfconding or concealed debtor or debtors, if fuch creditor or creditors was or were perfonally prefent.

XXI. And whereas perfons who dwell out of this ftare, may be indebted within the fame, and have eftates or effects fufficient within the fame to pay and fatisfy fuch debts, or parts thereof; Therefore, Be it farther enâted by Estates of debtors re- the authority aforefaid, That the eftates, goods, chattels and fiding out of this state, effects, real and perfonal, of all and every fuch perfon and liable to feizure. perfons (fo indebted) as do or may dwell or refide out of this ftate, fhall alfo be fubject and liable to be taken, feized, proceeded againft, fold, conveyed, and difpofed of for the payment and fatisfaction of fuch of the faid debts as aforefaid, as near as may be, in like manner as the estates and effects of other debtors, in and by this act are made fubject and liable to. Provided always, That inftead of the proof of abfconding dence to be made by or concealment of such debtor or debtors, the creditor or two witnelles. creditors applying for any attachment againfl the eftate or effects of any perfon or perfons refiding out of this flate, fhall make proof by two witnelles, to the fatisfaction of the juge or judges to whom application for fuch attachment fhall be made, that fuch debtor or debtors refide out of this state: And also provided, That in any fuch cafe, no trustees fhall be appointed until the expiration of one year after fuch public notice as aforefaid given.

Proof of non-refi

XXII. And be it further enacted by the authority aforefaid, That if any perfon against whofe eftate or effects fuch warrant or warrants of attachment fhall be iffued, fhall, at any time before the appointment of trustees in