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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 416   View pdf image (33K)
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416 Assembly Proceedings, June 15-July 3, 1773.

Liber R. G.
1773

where their Commission issued out of the County Court that the said
Trustees are ready to make a Dividend among the Creditors of the
absconding Persons Estate and therein desire all the Creditors to
meet at a certain Time and place in such Notice to be mentioned
which shall not be less than one nor more than three Months after
such notice; at which Meeting or any subsequent Meeting necessary
for that Purpose to be continued by Adjournments when all accounts
are fairly stated and adjusted the said Trustees or any two of them
shall proceed to pay all the Creditors what shall appear to them or
any two of them to be justly due, if there be money sufficient to
answer the whole after all legal Charges are deducted in which Pay-

p. 192

ments no preference shall be allowed and if there be not sufficient to
discharge the whole each Creditor shall be abated in proportion to
the Debt due to him and if there be any surplus the same shall be
paid unto the said absconding person or to his or her Attorney or

[and render
an Account
of their Pro-
ceedings to
the Court,
&c.]

Attorneys Executors Administrators or Assigns and such Trustees
or such of them as shall Act shall render to the Court from whence
their Commission issued a just and true account upon Oath or
Affirmation if a Quaker or Quakers of all their Proceedings in the
Premisses to be filed and kept in the said Court for the satisfaction
of all parties concerned and in Case sufficient Estate of the ab-
sconding person shall not come to the Hands of the said Trustees
nor be reduced into Money at the time of making the first dividend
to satisfy the whole of the Creditors and thereafter any Debts should
be recovered by them the said Trustees or any of the absconding
Persons Estate come to their Hands the same shall be reduced to
money and distributed together with such Part as was not before
reduced into money in manner aforesaid after such Notice as
aforesaid.

[Proviso.]

Provided always that no Sale shall be made of any Lands Tene-
ments or Hereditaments where the Personal Estate seized or which
may be seized and Debts received are sufficient to satisfy all the
Creditors and Costs and that no more of the effects of any abscond-
ing person shall be sold than may be deemed as near as may be
together with Debts received sufficient to satisfy his or her Creditors
with Costs and all the remaining part of the Effects seized together
with the Overplus Money (if any there be) shall be delivered back
by the said Trustees to the owner or owners thereof or to his or
her Attorney or Attorneys administrators or Assigns.
And Whereas it may often happen that absconding Persons may
be indebted but by the Terms of their Contracts the Debts may
not be demandable till after the Time of the Dividend made & many
Times Suits may be depending undetermined when the Trustees
are obliged to make the said Dividends
It is therefore hereby enacted that the said Trustees may allow
and take into all such Dividends all just Debts although the time



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 416   View pdf image (33K)
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