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versy with any such trustees as aforesaid, shall refuse to nominate fit persons to be referees on his, her or their part, then such trustees, or any twoofthem, or the survivors or survivor of them, are hereby empowered to nominate referees for him, her or them fo refusing, and to proceed to the final settlement of such controversy, in manner aforesaid.

XVII. And be it further enačied by the authority aforesaid, Trustees to convert That all trustees hereafter to be appointed by virtue of this debtors into money, act, shall proceed to convert the estate, real and personal, anted to collect debts, of such absconding or concealed debtor or debtors, for the

management of which eftates respectively they shall be appointed, into money, and collect the debts due to the fame'; and that the said trustees, or any two of them, or the survivors or survivor of them, shall caule public notice to be given in two of the public news-papers printed in this itate, one of which to be printed in the city of New-York, requesting a general meeting of all such creditors as shall chuse to attend, to examine and see the debts due to each person ascertained, at a certain time and place, by such trustees in their faid notice to be appointed, which shall not be less than two, nor more than three months after such notice given, nor more than one year and an half from the time of their first appointment; at which meeting, or other subsequent meetings necessary for that purpose, to be con. tinued by adjournment, if necesiary, when all accounts are fairly flated and adjusted, they shall proceed to make a diftribution or division amongst the creditors, in proportion to their respective just demands, of all such monies as shall have come to their hands as truslees of such estate or effects (of which all forfeitures by them recovered and received by virtue of this act, shall be considered as a part) first deducting thereout all legal charges and commif

fions ; in which payments no preference shall be allowed No preferencr to dcbts on ipecialties. to debts due on specialties : And if the whole of such ab

sconding or concealed debtor or debtors estate thall not be then feitled and distributed, fuch trustees, or any two of them, or the survivors or furvivor of them, shall, within the space of one year thereafter, make a second dividend of all fich monies as thall have come to his or their hands afier the first divifion; and so from year to year, until a final settlement thereof, and a juft and equal distribution of such estate or effects shall have been made amongst the creditors of such absconding or concealed debtor or debtors, in proportion to their respective just demands; and if any sur

'Any Surplus remain- plus shall remain after all just debts and legal charges and ing to be paid to the commissions are fully paid and satisfied, such surplus shall

be paid or delivered to the faid absconding or concealed person or persons, his, her or their executors, adıninistrators or afligns.

XVIII. and be it for her ended by the ou hority aforesaid, "That any person or persons who may have given credit to any such abfconding or concealed debtor or debiors, on a valvable consideration, for any sum of money, which shall not be due or payable at the time of any such divifion or distribution as a forefaid, but will become due or payable at some after time, shall and may, nevertheleis, be admitted and considered as a creditor or creditors whole debts were then due, and liali receive a dividend of the estate of such abfconding or concealed debtor or debtors, in the same proportion as other creditors, deducting thereout only a rebate of legal interen for what hall be ceived on such debt or debts, to be computed from the actual payment thereof, to its time tuch debt or demand respectively would liave become

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XIX. And be il further enacted by the authority af relaid, cuants to the trustees. That if any creditor or creditors shall neglect or refuse to che cune, excluded give notice of, or deliver to the said trustees, an account of to any dividend his, her or their debt or demand, or having any controversy mol fachlettlement,

relating to, or concerning the estate of such absconding or

concealed debtor or debtors, shall refuse to adjust or lettle the same with the said trustees, in the manner in and by this act directed, until after a division Mall have been made ofthe monies and effects in the hands of the said trustees, any such creditor or creditors shall not be entitled to any dividend, and the whole monies then in hand to be divided, all be divided by the said truftees among the other creditors ; but in case the whole of the estate of such debtor or debtors shall not be divided and settled at the first division, then, if such creditor or creditors respectively shall prove and deliver unto such trustees, an account of his, her or their debt or demand, before the time appointed for the fecond division, or shall have settled such controverfy as a forefaid, with the faid trustees, then such creditor or creditors thall have his, her or their first dividend, or so much money as lie, The or they would otherwise have been entitled to, on the first division, before any second dividend shall be made.

XX. And be it further enacted by the au hority aforeluid, Creditors residing That any creditor or creditors reliiing out of this state, 1:11 titled to the benefit of be entitled to all the privileges and benefits of this act; and thuis act.

that the attorney or attories of every such creditor or creditors residing out of this state, on producing a letter of attorney froin such creditor or creditors, duly authenticated, and legal proof of the desi due, shall and may, in all respects, act, do, and proceed for and in behalf of such creditor or creditors, in the fame manner as such creditor or creditors miglit or could do, for securing or recovering their respective debts froir such abkonding or concealed debtor or debtors, if such creditor or creditors was or were personally present.

XXI. And whereas persons who dwell out of this state, may be indebte 1 within the fame, and have estates or effects sufficient within the same to pay and fatisfy such debts, or parts thercof; Therefore, Be it further enêtrei ry Extares of debtors re

the authority aforesaid, That the estates, goods, chartels and Iding outoftlus state, effects, real and personal, of all and every such per on and liable to seizure.

persons (fo indebted) as do or may dwell or reside out of this state, shall also be subject and liable to be taken, suized, proceeded against, fold, conveyed, and disposed of for the payment and fatisfaction of fuch of the said debts as aforesaid, 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, Proof of non-refi

Provided always, That instead of the proof of absconding dence to be made by or concealment of such debror or debtors, the creditor or Ivo witneiles.

creditors applying for any attachinent against the ettate or er fects of any person or persons retiding out of this ttate, fhall make proof by two wimeiles, to the fai isfaction of the juge or judges to whom application for such attachment thall be made, that such debtor or debtors relide out of this state : And also provided, Tliat in any such case, no trustees shall be appointed until the expiration of one year after such public notice as aforesaid given.

XXII. And be it further enaĉed hy ihe authority forcfaid, That if any person against whose ettate or effects such warrant or warrants of attachment hall be ifiued, Ihall, at any tiine before the appointment of trustees in

tion.

the inanner aforesaid, in person, or by attorney or agent, apply to the judge. who shall have issued such warrant or warrants, and give such security as Juch judge shall direct and approve, to the person or persons at whole instance such warrant or warrants illucd, to appear and plead to any suit or action to be brought in any court of law or equity in this state, within fix montis thereafier, against the same person against whose estate or effects such warrant or warrants hall be issued by the person or persons at whole instance such warrant or warrants issued, and pay all such sums as may be adjudged or decreed in any such suit or action; then, and in every fuch case, such judge shall issue a fuperfedeas to such warrant or warrants, and no farther proceeding shall be had thereon. And further, That in all cases where upon any such attachment or attachuments, any ship or vessel, or any part thereor, shall be feifed or attached, it shall be lawful for the judge who inall have issued fuch warrant or warrants, to cause such ship or vellel, or part thereof, fo feised or attached, to be valued by indiferent persons; and if any person will give fecurity, to be approved of by such judge, to the people of the itate of New York, for the benefit of the creclitors of fuch debtor, to pay the amount of such valuation to the trustees to be in such case appointed, then such judge shall caule fuch ship or vefiel to be discharged from such attachment.

XXIII. And be it further enacted by the authority a orcfuid, Firft iudses of county That the firit judge of the inferior court of common pleas and recorder of Nex• in each county within this state, and the mayor and recorYour heimila eh arifedecto der of the city of New-York, and each and every of them

is hereby authorised and empowered to put this act in execution in their respective counties. Provided always, That where warrants snall be iflued by any judige or judges of the supreme court, and also by a firit judge of any of the faid inferior courts, or such mayor or recorder, against the efiare or efiéets of the same person or persons; in fuch case, the judges of the fupreme court, or any one of thein, Thail award a writ or writs of certiorari, to the judge of such inferior court, or mayor or recorder, as the case may require, to remove the proceedings there before the judge or judges of the fupreme court, that he or they may proceed upon both warrants, or eiilier of them.

XXIV. And be it further enaĉled by the authority aforesaid, That the judge or judges, mayor or recorder who fall iffue any warrant or warrants of attachment in pursuance of this act, shall make report to the court whercof he or they is or are judge or judges, of the proof of the debt or demand made by the creditor or creditors on whose application such warrant or warrants issued; of the illuing of such warrant or warrants ; of the notice thereon ordered ; of the publication of such notice; of the appointinent of trustees ; and of all other matters required of him or them by this act to be done out of court; and cause that report to be entered in the minutes of the said court, to be evidence of the facts so reported; and such report, or the record or entry thereof in the minutes of the laid court, shall be full and conclusive evidence of the facts so reported in all courts of record within this state.

XXV. And be ii further crafted by the authority aforesaid, That the judge or judges, mayor or recorder who all make any such appointment of truftees, shall and is and are hereby required, at the request of the trustees thereby appointed, or any one of them, to endorse on such appointment an allowance that the fame may be recorded; which allowance, figned by the faid judges, mayor or recoriler, or any one of them, if a judge of the fu;

freme court, shall be a fufficient warrant and authority to the secretary of this itate, and to all or any of the clerks of the respective cities or counties within this state, to record the same; and if such judge be a judge of an inferior court of common pleas, or mayor or recorder, Thall be a sufficient warrant and authority to the clerk of the court or county whereof he is a judge, to record the lame; and any appointment of trustees under the hand and seal or hands and feals of any judge or judges, or mayor or recorder, authoriled to put this act in execution, or the record thereof duly made in the said secretary's office, or in the ofice of the clerk of any city or county of this ftare, înall be full and conclusive proof in all courts and places within this fate, that the person or persons against whole estate or effects such warrant or warrants ifiued, was or were, at the time of issuing thereof, either absent, absconding or concealed debtor or debtors within the meaning of this act; and that the said appointment, and the proceedings previous thereto, were regular, and according to the directions of this act.

XXVI. And whereas the affidavits or aifirmations of the creditors whereon warrants of attachment have issued againit concealed or absconding debtors, by virtue of fundry laws of this state relating to fraudulent and abiconding debtors, and the warrants of a tachment issued as aforesaid, and the sieriffs returns thereof, and inventories there with returned, have usually remained with the judge or judges who illued the fame, or one of them, and the appointments of truslees made in pursuance thereof, remained in the hands of the trustees appointed, or one of them, and by reason of the decease of such judges, and death or removal of such trufees, are many times lost or millaid; by means whereof such persons as have or may purchase any meffuages, lands, tenements or hereditaments which were of fuch absconding or concealed debtors, from or under any trustees for all the creditors of any concealed or absconding person or perions appointed as aforelid, may be disabled to make out their rights and titles to the same, and such affidavits or affirmations, warrants of attachment or appointments of trustees, in case they can be found, are not at present of record, or filed in any public office of record, which may be of evil consequences to such purchasers as aforesaid, or per.ons claiming under them: For remedy whereof, Be il further enaĉied hy the arth-vrily aforesaid, That any judge or judges or mayor or recorder who shall issue such warrant or warrants of attaciuments as a foresaid, pursuant to this act, ihall, and he or they is and are hereby required and directed to cause the affidavits or affirmations of the creditor or creditors made hefore him or them previous to the illuing of such warrant or warrants respectively, within thirty days after the taking of such affidavit or affirmation, and such warrant or warrants of attachment as a foresaid, within thirty days after the return thereof, by such sheriffas shall return the same, together with the sheriff's return thereof, to be delivered into the office of the clerk of that court whereof he or they is or are judge or judges; which clerk is hereby required and commanded to mark, or cause them to be marked respectively, with the day and year on which each of them respectively mail be filed in his office, and to preserve the same amongst the papers filed in such office. And all TF. Sees felling real trustees hereafter to be appointed by virtue of this act, or cates, to record their the survivors or survivor of thein, who by virtue of such appointments,

appointment shall sell and convey any messages, lands, tenements or hereditaments, all caule such appointment of trustees to be duly proved or acknowledged and allowed, so that the fame may be recorded, and shall cause the faine to be entered of record either in the secretary's of

fice of this state, or in the office of the clerk of the city or county wherein such messuages, lands, tenements or hereditaments do lie; and every ap. pointment of Trustees for the estate of any fraudulent or abiconding or concealed debtor, heretofore made by any judge or judges of the fupreme court, or any of the inferior courts of common pleas, or by the mayor or recorder of the city of New York, and every appointment of trustees hereafter to be made in pursuance of this act, or the record thereof made by fuch proper of ficer as aforesaid, or an office-copy thereof, attefied by any such proper officer as aforesaid, in case such record should liave perished by fire or other accident, together with a legal title or conveyance from such trustees, or any two of them, or the survivors or survivor of them, proved or to be proved in fuch due form as by law required, shail be a full, complete and perfect title for such me{Tuages, lands, tenements or hereditaments, to such purchafer or purchasers, his, her or their heirs and aligns, against such absconding, abfent or concealed debtor or debtors, his, her or their heirs or aligns, and all other persons claiming or to claim by, from or under lim, her or them, by virtue of any act, deed, matter or thing, after such frit public notice as aforesaid

Bma fide conver- given ; and all sales and conveyances of any metłuages, anneer on triters lands, tenements or hereditaments, hererofore bona fide fold heretofore appointed, confirmed. and conveyed by any trustees heretofore appointed by such judge or judges, mayor or recorder as aforesaid, for the management and distribution of the estate of any absconding or concealed debtor or debtors, are hereby confirmed and declared to be valid and e fectual, to all intents and purposes, to fuch purchaser or purchasers, his, her and their heirs and alligns, against fuch absconding or concealed, or abient debtor or debtors, his, her or ther heirs or asigns, or any perion claiming or to claiin by, from or under him, her or them, hy virtue of any act, deed, matter or thing, atier such first

public notice as aforesaid given. Provided always, Thiat If the purcha for nowy is and has been in the such purchaser or purchasers, his, hier or their heirs or afeftute for three years. en in dit boek oral signs, now are, and have been, for the space of three years

lan palt, in the actual pofleflion of such meliuages, lands,

tenements or hereditaments. XXVII. And be id fierther cnadied by the all h rity forefuid, That such trustees as Hall hereafier be appoidred by viitue of this act, shall keep a regular book, or regular books of account of all such monies as shall come to their hands, by reafon, or on account of such their appointment; to which book or books every creditor interested in such monies or estate, at all reasonable times, may have recourie ; and that such trustees, and each of thein, shall be subject to such orders and directions for the more efectual putting this act in execution, and finishing a distribution of such citate or efects as may come to their hands by virtue of sucli appointinent, as hall, froin time to time, be made and given in the court by the judge or judges where of such appointment of trustees was made; and also that fuch trustees shall render unto the court, by the judge or judges whereof they were appointed, a jurt and true account or accounts in writing, uron oathi, or if of the people called Quakers, a firmation, made in open court, of their proceedings and accounts in the premises, by virtue of their appointinen“, which shall be filed with the clerk of the said court, for the fatisfaction of all perfons concerned; and

such trustees of the estate of any fuch absconding, abient or Imuy live per cent concealed person or persons, already appointed, or fereat

ter to be anpointed, shall and may retain and keep in their hauts for the trouble and services to be by thein performed, the sum of five

Trustees to be al.

for their trouble.

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