The Lower House. 351

And be it likewise Enacted, That the Commissioners to be ap-
pointed in virtue of this Act shall retain to themselves, out of the
Nett Proceeds of all such Estate or Estates, Effect or Effects, as they
shall sell and dispose of in Virtue of this Act, and bona Fide pay
away to the Creditors, and for Charges in dividing or distributing
among the Creditors of such Person or Persons so absconded, become
Bankrupt stoping and refusing Payment in manner aforesaid, the
Sum of ten Pounds for every Hundred Pounds and at the same rate
for a greater or lesser Sum, and no more exclusive of the reasonable
Costs and Charges necessarily Arising on the Execution of the Pow-
ers and Authorities by this Act vested in such Commissioners
And be it likewise Enacted, That one or more of the Creditors
of such Person or Persons so absconded, become Bankrupt, stoping

L. H. J.
Liber No. 46

and refusing payment in manner aforesaid, shall and may nominate
a Clerk, or other proper Person, to attend the said Commiss^rs and
Execute their proper Orders for the better and easier Execution of
the Matters herein directed by them to be done and Executed
And be it likewise Enacted, That in case any Commiss^r or Com-
miss" to be appointed in Virtue of this Act shall die, and have in his
or their Hand or Hands, any money arising in Consequence of this
Act, 'the Estate of such Commissioner or Commiss^rs shall, and they
are hereby made liable for the same; and the Executors or Adminis-
trators of such Commissioner shall pay the same preferable to all
other Debts, Dues, or Demands whatsoever: and the other Com-
miss^rs succeeding shall and may, and they are hereby impowered to
bring and prosecute an Action or Actions, in their own names for
the same
And be it likewise Enacted, That no Action to be brought by the
Commissioners in Virtue of this Act, shall abate by the death or
Deaths of such Commissioner or Commiss^rs but proceed and be car-
ried on by those who shall succeed them, and Execution issue in
the name of the later, for the use of the Creditors in Virtue of this
Act And whereas the People of this Province are by Law confined to
transmit to Great Britain their Staple Commodity, and by means
of consigning the same to, and other their Affairs being negotiated
by Factors and Merchants there, and that it is highly reasonable
and just, that where Any Merch^t or Factor residing out of this Pro-
vince having Effects therein, and being indebted to any of the In-
habitants or actual Residents therein, that such their Effects or
Estates, whether real or personal, should be first liable to Answer,
and made Subject to the Demands and payment of the Debts bona
Fide due to the Inhabitants, and actual Residents within this Pro-
vince, Be it therefore Enacted by the Authority, Advice, and Consent
aforesaid, that from and after the tenth Day of October next, when
and as often as any Merchant Factor or other Person, actually living
out of this Province, in Great Britain or else where, and having

p. 612