Assembly Proceedings, September 1657. 361

An Act Concerning Regulating
of Attachments and Executions

Whereas Divers Inhabitants of this Province have been
burthened and Grieved with Attachments. It is Enacted and
declared in the Name of his Highness the Lord Protector of
England and with the Assent and Authority of this present
Generall Assembly, that no attachment Shall or may be laid
upon any the Goods or Chattells of any the Inhabitants of this
Province Except the true owner thereof be not at the Same
time resident or dwelling in the Province, or that the partie
Indebted return a positive answer upon a Iust demand of any
Iust debt, that he will not pay the Same debt and this to be
proved by the Testimony of one Sufficient wittness upon oath
of his refusall to pay the said debt or debts, That then At-
tachm^t may be served upon any Tobacco of the Debtor or
Debtors denying paym^t as aforesaid, And whosoever Shall
attach more then a fourth part over and above the value of the
debt Shall bear the Damage of the Attachment and Damages
of the partie.
And Be it Further Enacted that no Execucon may or shall

L. O. R.
No. 3
Liber B

be laid upon the Goods and Chattells of any the Inhabitants or
other Dwellers of this Province So farr as to deprive them of
all Livelyhood for the future. But that come for necessary
maintenance and bedding, Gunn, Axe, Pott and necessary
Laborius Tooles with Such like houshold Implements and amu-
nition for Subsistance shall be protected from all attachments
or Execution Soe long as he or they Shall be resident and
inhabit within the Province Provided that such as shall be
found by proofe or other Circumstance willfully to absent
themselves into the woods or other where from the Sheriffs
Sight whereby they cannot be brought to a Legall Tryall And
such also as shall be intended to depart or flee out of the Pro-
vince to be averr'd upon oath Shall have no benefitt of this
Law, But that Executions or Attachments may Issue forth upon
all or any of their Goods and Chattells

p. 444