Assembly Proceedings, May 10-June 9, 1692. 523

sett down and be awarded. And in case any writt or summons
shall issue forth of any of their Majesties Courts within this
Province against any person or persons absent out of this
Province in such case upon the return of a non est Inventus
by the sherriff on such writt or summons and the party Plan-
tiffe his leaving with the Attorney of such absent deffendant
(if he hath left any Attor) a Copy of his Declaration or short
note expressing the true cause of Action or if he hath left no.
Attorney, then the Plantiffe leaving a Copy of his said Decla-
ration or short note expressing the true Cause of Action, at
the house where the s^d defendant absent did last reside or
dwell, and making such proof of his action as the said respec-
tive Courts shall think fitt, it shall and may be lawfull for the
Justices of the said Courts to award an Attachment against
the Goods and Chattells and Credits of the said absent
defendant so as aforesaid prosecuting and not appearing to
the said Action which are or shall be in the hands and posses-
sion of any person or persons whatsoever (yea even in the

Lib. L. L.
No. 1.

Plantiffs own hands) for his the said defendants own use in
this Province in which said Attachment there shall be a clause

commanding the Sherriff of the said Respective Counties at

the time of Executing the said Attachment to make known to
each person and persons in whose hands or Possession the
said Goods Chatties or Credits of the said Absent defendant
shall be Attached, That they be and appear at the respective
Courts at the day of the return of such Attachment to shew
cause (if any they have) why the said Goods Chatties and
Credits so as aforesaid in their hands attached should not be
Condemned and Execution thereupon had and made as in
other cases of Recoveries and Judgements given in Courts of
Record, at which day of the return of the said Attachment if
the said defendant shall not then appear nor the said Garnish
in whose hands the aforesaid Goods Chatties and Credits of
the defendant were attached (to shew cause to the contrary,)
The said respective Courts shall & may condemne the said
goods Chatties and Credits afores^d so aforesaid attached and
award Execution thereof to be had and made either by Capias
ad Satisfaciend sire facias or otherwise as on other Judgements
he the said Plantiffe so prosecuting as aforesaid giving good
and sufficient security before the Justices of each respective
Court to and for the use of the said defendant so as aforesaid
being not found within this Province or absent out of this

p. 174

Province as aforesaid to make restitution of the s^d Goods
Chatties and Credjtts so as aforesaid Condemned or the
Value thereof if the defendant so as aforesaid prosecuted shall
at any time within one year and a day to be accounted from
the day of the said Attachment awarded come in, and either

p. 175