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And be it further Enacted by the Authority aforesaid that all
Sales made by the said absconding Person of his or her Estate
Lands goods or Chattels after such Actual Notice or After thirty
days from the Time of setting up such Advertisement or inserting
the same in the Gazette as aforesaid respectively are hereby Declared
to be null and Void to all intents constructions and purposes what-
soever any Law usage or Custom to the Contrary notwithstanding.
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[Sales made
by abscond-
ing Persons
after Notice
to be null
and void.]
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And be it further Enacted that in Case such absconding person
shall return and Discharge all his or her Debts or otherwise com-
pound with or satisfy all his or her Creditors on or before the third
Day of the Court to which such Attachment shall be returnable or
shall on or before that Day give good and sufficient special Bail
either in the Court to which such Attachment shall be returnable or
before one Justice of the Provincial Court or the president or any
two Justices of the County Court to answer the several Claims of
all Creditors that shall file their Declarations against such Abscond-
ing person as well in the Provincial Court the first Term thereafter
as in the County Court to which such Attachment shall be returnable
in the two next Terms thereafter and also pay the Sheriffs expences
and fees before mentioned such Attachment shall by award of the
Court to which it shall be returnable be dissolved and the Abscond-
ing Person be fully restored to every thing attached. And in case
such Bail shall be given as aforesaid the Justice or Justices before
whom the same shall be taken if out of Court shall Certify the
Caption thereof to the Court to which such Attachment shall be
returnable and any person or persons may Declare against such
Absconding person either in the Provincial Court the first Term
or in the County Court the first or second Term after special Bail
so given without further or other process and such Manucaptor or
Manucaptors shall be Chargeable and liable as if they had become
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[Absconding
Persons dis-
charging the
Debts or giv-
ing Bail, &c.
Attachment
to be dis-
solved.]
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Special Bail in every Several Action. And in Case such Absconding
Person shall not compound with or pay and satisfie his or her
Creditors or give special Bail as aforesaid it shall and may be Law full
for the Provincial County Court respectively where the said Writ
of Attachment shall be returned as aforesaid and they are hereby
required and impowered to Nominate Appoint and Commission three
fit persons to be trustees for all the Creditors of the said Absconding
person which persons or any two of them so nominated and ap-
pointed trustees by the said Court shall be and are hereby fully
impowered and authorized to take into their Hands all the whole
Estate or Estates as well real as personal and all Evidences Books
of Accounts and Papers relating thereto of the absconding person
seized as aforesaid or any where being or lying or which they may
afterwards discover to be or lie in any part of this Province and to
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[Absconding
Person not
satisfying his
Creditors, or
giving Bail,
Provincial
or County
Court to
nominate
Trustees,
who are to
take the
Estate into
their Hands,
and make
Sale
thereof.]
p. 190
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