66 Assembly Proceedings, February — March 1638/9.

Liber
C & W H

P. 38

An Act For Recovering of Debts

Be it Enacted By the Lord Proprietarie of this Province by
and with the advice and approbation of the freemen of the
same That the Complainant in any action of debt upon book
or accompt Shall or may sue his booke or accompt at the first
County Court or at the hundred Court of Kent in October or
any time after
And the Complainant in any action of Debt after his action
entred in the booke of the Register of the said County or
hundred Court and after such Caution given given for pros-
ecuting of the cause and performing the Sentence of the
Court to be therein given (as shall be reasonably desired of
him) Shall or may have a praecept under the hand of the
Register of the hundred Court of Kent or otherwise a writt
out of the Chancery directed to the defendant conteining the
whole Tenor or effect of the plaintifs bill and commanding the
said defendant to under write his answere to the said bill and
to bring or send it so underwritten into the said County or
hundred Court or to deliver it to the plaintiff or to come to
enter his answere in the Registers book (within a reasonable
time limited) or otherwise to be at the next County or hundred
Court (nameing the certain time and place) (to make answere
to the said bill) and to bring with him his Witness accompts
and all muniments necessary for his defence upon pain of
haveing judgm^t proceed against him at the said Court in
punishm^t. of his contumacie And further prohibiting the said
Defend^t to pay away sell give discount release or any way dis-
pose of any his Tobaccos Cattell corne Servants debts or other
goods or Chattells remaining at that time in his right and
propertie within the County or otherwise within the hundred
of Kent) untill upon triall of the cause or Satisfiing the Com-

p. 39

plainant or Securing the Complain^t or Secureing the Register
for the satisfying of the said bill or the judgm^t to be given
therein) such attachm^t be Superceeded or released by a tickett
from the Register or by a discharge of the plantif And if the
defend^t (being lawfully served with the said precept or writ)
or any other by his procurement or with his privity or consent
shall afterward pay away sell give discompt release or any
way dispose of any his Tobaccos or other goods or Chattells
being or remaining (at the time of the writt served) in his right
and propertie before such release or discharge obteined from
the Court or Complaint as aforesaid such disposure shall be
voyd in law (except only it shall be good against the partie or
parties to whom and to whose use they were so unlawfully
disposed of and Consenting to such unlawfull disposure of
them) and the Tobaccos and other goods so unlawfully dis-