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Acts. 417
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of Payment be not incurred deducting thereout at and after the
Rate of six Per Cent Per Annum from the Time of such Dividend
struck to the time at which by contract the Debt ought to be paid
and that over and above ten Pounds Per Centum for the first hun-
dred Pounds and seven pounds ten shillings for every hundred
Pounds thereafter and so pro rato on the whole Sum which shall
come to the Hands of the said Trustees which the said Trustees
are hereby impowered in all Cases to retain in their Hands for their
Commission and as a Reward for their services they may also
retain in their Hands a reasonable Sum where any suits by them
as Trustees are depending to Indemnify and secure themselves
against the Costs of such Suits.
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Liber R. G.
1773
[Trustees to
take into the
Dividends all
just Debts,
although the
Time of
Payment be
not incurred,
&c.]
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And be it further Enacted that the Trustees to be appointed in
Virtue of this Act shall be subject to such Orders and directions
as shall from Time to Time be made in the Court from whence their
Commission issued for the more effectual putting this Act in Exe-
cution, and on the Death of any of the said Trustees or their or
any of their refusal to Act the Court from whence Such Commis-
sion issued shall and is hereby impowered to issue a new Commission
to such person or persons as to the same Court shall seem expedient
to Act in the place or stead of any such Trustee so Dead or who
shall Refuse to Act and such Court is likewise hereby impowered
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[Trustees
subject to
the Direc-
tions of the
Court, &c.]
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to displace any Trustee or Trustees for Negligence or Misbehaviour
and to put and place others to act in their stead and the whole power
of such displaced Trustee shall thenceforth cease and the Trustee so
displaced shall immediately deliver over to the other Trustees All the
Estate of the said Absconding person and all Books and papers
concerning the same in his Hands Custody or power touching which
he may be examined on Oath by the Court and on his Refusal to
submit to such Examination or to make such Delivery shall be com-
mitted to Close prison till he doth the same.
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p. 193
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And be it further Enacted that where Attachments shall be issued
both out of any County Court and the Provincial Court against
one and the same absconding Person then and in such Case upon
application made to the Provincial Court or any one Justice thereof a
Certiorari shall issue to remove the Proceedings of the County Court
before the Provincial Court and on the return of such Certiorari
the Provincial Court shall proceed therein and the Trustees appointed
by that Court shall be invested with all the Personal Estate and
Papers seized by Virtue of the Attachment issued out of the County
Court as if the same had been seized by Virtue of the Attachment
issued out of the Provincial Court and where Attachments shall
issue out of the Provincial Court and any County Court to the
Sheriff of one and the same County the Sheriff shall in such Case
execute that Writ only that comes first to his Hands.
And be it further Enacted that before any Trustee shall execute
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[Where
Attachments
shall be
issued, both
out of the
County and
Provincial
Court, a
Certiorari
shall issue to
remove the
Proceedings,
&c.]
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