Chap. 0016 an act in further addition to an act entitled "an act for the more speedy finishing the land-bank or manufactory scheme."
Preamble. 1744-45, chap. 12.
Commissioners empowered and directed to assess persons according to the list.
Warrants of distress to be issued.
It appearing to this court, notwithstanding the provision made for the speed}7 finishing the Land-bank or Manufactory Scheme, in the act of the seventeenth year of his present majesty's reign, intitled "¦ An Act for the more speedy finishing the Land-bank or Manufactory Scheme," that there are great difficulties in the way of the commissioners, by said act appointed to finish said scheme without the further aid of this court, more especially occasioned try the destruction of the books and papers of the said late Land-bank Company, and of the said commissioners, in the late burning of the court-house in Boston,-
Be it therefore enacted by the Governour, Council and Representatives, [Sect. 1.] That the said commissioners, or a major part of them, be directed and impowered, and hereby the}' are directed and impowered, as soon as may be, to make an assessment on those persons mentioned in a list printed in the supplement of the "Boston Gazette," 1745; which list is hereby declared to contain a true and exact account of the partners in said late Land-bank Scheme ; and the said assessment shall be made for the full sum in said list, printed in said " Gazette," and such further sum as said commissioners shall judge necessary to redeem all the outstanding bills of said company, principal and interest, make good deficiencies by the failing of any partners, and to defrey the just incidental charges ; and every receipt from said commissioners, or other satisfactory evidence, of payment on the aforesaid assessment lately printed in the " Boston Gazette," shall be taken and received by said commissioners as payment for the sum or sums they amount to, in the assessment now directed to ; upon and according to which assessment now ordered (being first approved by the general court, after being inserted in all the weekly newspapers printed in Boston, sixty days before its presentation to the general court, that all concerned may object if they see cause) the said commissioners shall issue their warrants of distress against such partners as shall neglect to pay for sixty clays after the general court's approbation: which warrant of distress shall be in the form following ; viz.,-
province of the massachusetts bat. Form thereof.    john jeffries, samuel danfortii, john chandler, EsqrS., Commis-
' r sioners for the more speedy finishing the Land-bank or Manu-
L ' 'J   factory Scheme,-
To the Sheriff of the County of A, his undersheriff or deputy, or either of the constables of B.,-Greeting:
By vertue of an act of the great and general court or assembly of said province, made at their session begun and held at Boston, upon Wednesday, the twenty-sixth day of October, 1748, entitled '• An Act in further addition to an act entitled ' An Act for the more speedy finishing the Land-bank or Manufactory Scheme,' " there was an assessment made on the late directors and partners in said scheme, for the drawing in the remainder of the outstanding bills emitted on said scheme, which assessment has been duly published in all the publick newspapers in Boston, agreable to said net, and passed the approbation of the general eourt; since which more than sixty days are passed: in which assessment A. B., of C, in the county of E., a late partner in said scheme, was assessed the sum of , in lawful money or Manufactory bills, as his part or proportion ; and altho' publick notice has been given of said assessment, as aforesaid, yet the said A. B. hitherto neglects to pay in the same, as is by said act required:-
Wherefore, by virtue of the authority to us given in and by the aforesaid act, these are, in his majesty's name, to require you to levy by distress and sale of the estate, real and personal, of the said a. B., the above sum of , lawful money, and bring the same to us, at our office in Boston, forthwith, returning the overplus, if any be, to the said a. B.; and if there cannot be found in your precinct estate sufficient to discharge the same, then yon are to commit the said a. B., if to be found in your precinct, to the common goal of the county of E., there to remain until he has paid the said sum of , lawful money, and charges; for all which this shall be your suffi-
cient warrant: save, only, that if you shall take the real estate of the said A. B., that then the said a. B., his heirs, executors, administrators or assigns, shall have liberty, for three months thereafter, to redeem the same, and if the same shall not be redeemed within three months as aforesaid, by paying said sum of , and charges, then you are required to sell the same as afore-
said, and return this warrant, and your doings thereon, into the office of the register of deeds for the county of E., there to be recorded.
Given, under our hands and seals, at Boston, the        day of        , 174 , in the        year of our Sovereign Lord, , by the Grace of God
King of Great Britain, &e.
J. J. S. D. J. C.
[Sect. 2.] And all sheriffs, their undersheriffs and deputies, and, where the}' are interested, all coroners, and, where the sum exceeds not ten pounds, all constables, are impowred and required to execute them on the persons whose names are contained in said list, or their estates, real or personal.
And as some of said partners are or may be deceased, or out of the province, before such warrants of distress shall be issued,-
[Sect. 3.] The said sheriffs, coroners and constables are hereby impowred and directed to take such estate as they may find belonged to such deceased person, or was by law liable to be taken if such deceased person or persons were then living, and in the province ; the estate taken, whether real or personal, to be sold, and the overplus, if any, to be returned as by law required in ordinary cases of execution or distress: save only that the liberty of redeeming the real estate shall extend to three months only, after being taken ; upon the expiration of wdiich term of three months, if the same be not redeemed, the sheriff or other officer who took the same, shall return the warrant of distress, with his doings thereon, into the office of the register of deeds, in the county where the lands lie, there to be recorded.
[Sect. 4.] And if there shall be a surplus in the hands of the commissioners, after redeeming said bills and paying the necessary charges, the said commissioners shall divide and pay the same equitably to and among the said late partners, said division being first approved by the general court.
And to the intent all possessors of said Land-bank bills may more readily and easily receive such sum or sums as may be due upon or for their bills,-
Be it further enacted,
[Sect. 5.] That the said commissioners, or a major part of them, shall, as soon as they are enabled to redeem them, give publick notice in all the said weekly newspapers, of the time or times, and place or places in the town of Boston, when and where they will attend to redeem them ; which publick notice, being inserted six weeks successively in all the weekly newspapers printed in Boston, hereby is made and declared to be a legal tender to all and every possessor and possessors of said bills.
And forasmuch as, by the said burning, many papers and evidences
wove lost, whereby said commissioners may be much embarrass'd'which might lie eased by papers, books or receipts in other persons' hands,-
Be it enacted and declared,
[Sect. 6.] That said commissioners be and hereby they are authorized and impowred to demand and receive of the late directors, treasurer, endorser, partners and clerks of the said late company, any and all papers they shall judge needful, giving receipt for them, and to examine the said persons on oath touching the affairs of said late company. And the said commissioners, or a major part of them, are directed to meet, for the first four weeks after the publication of this act, two days in each week, and for the next four weeks, one da}' in each week, and after that, one day each alternate or every other week, 'till the scheme be finished, and no oftener, unless, on a representation made to the governour and council, they shall direct the commissioners to meet more frequently.   [Passed January 3, 1748-49.