The Lower House. 345

second Writ or Summons shall thereupon issue; whereupon if the
Sheriff or officer return a second non est inventus, a short note or
Declaration being left at the Last Place of aboad of such Person so
absconding ten Days at least before the second return; or if without
the Commencement of any such Suit, Return or Returns, there shall
be good and sufficient Proof by the oaths (or affirmations if Quak-
ers) of two good and credible Evidences at least, not being Creditors,
taken before some Magistrate that such Person or Persons as afore-
said have or are absconded, or fled from Justice, or runaway, out
of this Province, It shall and may be lawful for one or more of the
Creditors of such Person or Persons against whom such Returns
shall be made, or proof had as aforesaid, to apply to the Provincial
Court, or to one Provincial Justice out of Court, or to the County
Court where such Person or persons absconding as aforesaid re-
sided, or their Estate or Effects are, or to one Justice of the Peace of
such County or Counties, and procuring the proof as aforesaid of
the Returns of the Writs or oaths or Affirmations as aforesaid to be

L. H. J.
Liber No. 46

Made and given, that such Person or Persons are absconded, fled
from Justice, or runaway, that then and in such Case it shall and
may be Lawful for such Court or Justice as the Case shall be, and
he or they are hereby obliged and directed to return a Copy of such
Oaths or Affirmations, so taken with an Order to the Clerk of the
Provincial or County Court as the Case may require to make out a
Commission to any three Persons who shall be named to such Court
or Justice by one or more of the Creditors of the Person or Persons
so absconded, fled from Justice or run away as af^d which Order shall
be in the form following to wit, " You are hereby directed to make
out Commission to A B & C of County to take into their
Care and Custody all the Estate both real and personal of E F
of County lately absconded, fled from Justice, run away
or become Bankrupt as the Case may happen to be by them dis-
posed of to and for the Use of the Creditor or Creditors of the
said E F " And the Clerk of the Provincial Court or County Court
to whom such oaths or affirmations and order shall come As afore-
said, shall, and he is hereby obliged to enter the same among
Records of his Court, and thereupon to make out Commis^on under
his hand and the Seal of office to the Reasons in such order nomi-
nated, which Commis^rs shall be in the Form following, to wit, To
A B and C of County you are hereby impowered
and Authorized to take into y^r Custody and Care all the Estate
both Real and Personal of E F late of County absconded,
fled from Justice, run away, or become Bankrupt, as the Case may
happen, and the same dispose of According to the Direction of An
Act entituled, An Act for the easier and better securing the Estates
of Debtors Absconding, and of Persons Bankrupt, for the use of
their Creditors, and equal Distribution of the same; and the produce

p. 607