346 Assembly Proceedings, June 17-July 8, 1746.

L.H.J.
Liber No. 46

thereof make equal Distribution of Among the Creditors of the said
E F, in proportion to their proved Demands, According to their
Direction of the said Act And for your so doing this shall be Your
warrant. Given under the Seal of office this Day
of Anno Domini And be it further Enacted, That
when and as often as any Merch^t or Factor residing out of this
Province, and having Effects or Estate therein, shall be indebted to
Any the Inhabitants thereof, and become Bankrupt, or stop and
refuse Pay^mt to any the said Inhabitants in such manner as may
render it evident that such Merch' or Factor is failed though not
strictly within the Term of Bankrupt whome a statute hath been
granted or awarded, and full and undoubted Proof thereof appears
by such Merch^t or Fac^tr being inserted in the British public Prints
as a Bankrupt, or by the Oaths or Affirmations if Quakers, of one
or more witnesses, not being a Creditor or Creditors, with other
Concuring Circumstances, that he, she, or they, is, or are become
Bankrupt, or Bankrupts, or have stoped and refused Payment in
manner aforesaid such Oaths or Affirmations to be taken before the
Provincial Court, or one of the lustices of the said Court, or the
said Public Prints with other Concuring Circumstances being pro-
duced and manifested to such Court or Justice by one or more of

p. 608

the Creditors of such Merch^t or Factor so Bankrupt in manner
aforesaid, the said Court or the lustice thereof, before whome such
Proof is made And at the Request of one or more of the Creditors
of such Bankrupt, shall and they are hereby directed, Appointed,
And obliged to make An Order to the Clerk of the said Provincial
or County Court in manner and Form as herein before directed, to
make out a Commission to such three Persons as one or more of
the Creditors of such Bankrupt shall appoint and Nominate
And be it further Enacted, by the Authority Advice and Consent
aforesaid, That the Commiss^rs to be named in Any such Commission
hereafter to be made in Virtue of this Act shall, before they take
upon them, or any of them the Execution of such Commission, take
an oath on the Holy Evangelis of Almighty God to the purport fol-
lowing, before one Provincial or County Justice, to wit I A B do
swear that I will faithfully honestly, and truly to the best of my
Skill and Knowledge collect, Sell, and dispose of the Estate, both real
and Personal of E F late of County absconded, or become
Bankrupt, or Stop and refuse Payment in Manner afores^d as the
Case may happen, and the Produce thereof distribute equally among
his or her Creditors in Proportion According to a Commission to
directed, and the act in that Case Provided And the
lustice before whom such Oath shall be taken shall endorse on the
back of the Commission aforesaid his having administred the same
And be it likewise Enacted, That the Commissioners so appointed
Commissioned and sworn for the Purposes in this Act intended and