|
|
L.H.J.
Liber No. 46
|
Effects or Estate within this province, either real or personal, and
shall become Bankrupt, or fail in payment in manner aforesaid, and
be bona Fide indebted to any Inhabitant Actually residing and in-
habiting within this Province, that then and in such Case, such
Effects or Estate whether real or personal belonging or Appertaining
to such Factor, Merchant, or person living or residing out of this
Province and so as aforesaid indebted, or which within the Space
and Term of Twelve Months before such Bankruptcy, or failing in
Payment as aforesaid were bona Fide, his Right, Estate or Property,
shall, is, And are hereby made liable to the Demands and lust Debts,
bona fide due and owing to the Inhabitants Actually residing within
this Province, preferable to any other Debts, Dues or Demands, of
any Person or Persons Actually inhabiting or residing out of the
same, Saving to his most Sacred Majesty, His Heirs and Sucessors,
his and their, Several and respective Rights, Provided always, and
it is the true Intent And meaning of this Act, that in case the per-
sonal Estate of Any of the Debtors mentioned and comprized within
this Act, or Part thereof, shall be sufficient to discharge their Debts
within this Province, with the Charges Accruing on any Action or
Actions to be brought for the same, that then And in such Case the
Commiss" that shall be appointed to execute the several Powers and
Authorities invested in them by this Act, shall not meddle with or
make Sale of the Lands or real Estate of such Debtor or Debtors,
or more thereof than with the personal Estate, will pay such Debts
and Charges, or Any greater part of the personal Estate than shall
be sufficient to pay such Debts and Charges
And be it likewise Enacted, That any Creditor or Creditors who
shall be intitled to receive any Distribution, Share, or part of the
Produce of the Estate or Estates of any person or persons so as
aforesaid absconding, Runaway, become Bankrupt, stoping or refus-
ing payment as aforesaid, shall, and they are hereby obliged to give
Bond with one good Surety, in treble the sum to them to be paid,
payable to the Commissrs aforesaid, for the use of the person so
absconding, Runaway, became Bankrupt, stoping or refusing pay-
ment as before described, Conditioned, That in case such Person or
Persons so absconded Runaway, become Bankrupt, Stoping or re-
fusing Payment, as the Case may happen, they, or their Executors
or Administrators, shall within the Space and Term of Eighteen
months make Appear, that such Sum or Sums so to such person paid
was not bona Fide due to such person so receiving the same, that
then and in such Case, such person receiving the same should repay
the same Sum by him so received, with double Costs of Suit, and
|
|