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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 237   View pdf image
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Acts. 237

 

and Assembly of this province and the Authority of the same
that from hence forth no Attachmt shall Issue out of any Court
of this province before a writt or Sumons be first made Out
upon which writt if the party Defendt be an Inhabitr or Resi-
dent within this Province and the Sher. shall returne a non est
Inventus one Other writt or Sumons shall thereupon in
Manner afd Issue forth against the said Defendt and if the
Sher shall upon the second Writt or Sumons returne a non est
Inventus Likewise An Attachment shall and may in Manner
and forme hereafter sett Down be Awarded. And in Case
any Writt or Sumons shall Issue forth from any his Majty
Courts within this province against any person or persons
absent out of this province in such Case upon the Returne of
a non est Inventus by the Sher. on such writt or Summons and
the party pltf. his leaving with the Attorney of such Absent
Defendt (if he hath left any Attorney) a Coppy of his Declaration
or Short note Expressing the Cause of Action or if he hath
left no Attorney then the Pltf. Leaving a Coppy of his Decla-
ration or Shorte note Expressing the true Cause of Action att
the House where the said Defendt Absent did Last reside or
Dwelt and makeing such proofe of his Action as the said

C. P.

Respective Courts shall think fitt itt shall and may be Lawfull
for the Justices of the said Courts to award an Attachment
against the Goods Chatties and Creditts of the said Absent
Defendt so as afd prosecuted and not appearing to the said
Action which are and shall be in the Hands and Possessions
of any person or persons whatsoever (yea) even the pltfs. own
hands for the Defendts use in this Province in which said
Attachmt there shall be a Clause commanding the Sher' of the
respective Counties att the time of the Executing the said
Attachmts to make known to each pson or psons in whose
hands or pssessions the said Goods Chattells and Creditts soe
attached are if to him or them itt shall seeme Meet to be and
appear on the returne of such Attachmts before the Justices
of the respective Courts out of which such Attachments are
Issued to shew Cause why such Goods Chattells or Creditts
soe Attached as afd should not be Condemn'd and Execution
thereof had and made as in other Cases of recoveries and
Judgments given in Courts of Records att which day of
returne of the said Attachmt if the said Defendt shall not then
App' nor the Garnishee in whose hands the afd Goods Chat-
tells and Creditts of the Defendt were attached to shew Cause
to the Contrary the respective Courts shall and may Condemn

p. 29

the said Goods Chattells and Creditts soe afd Attached and
Award Execution thereof to be had and made by Capias ad
Satisfaciendum ffieri facias or Otherwise as in other Judgments
he the said pltf soe prosecuteing as afd giving good and

p. 30



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 237   View pdf image
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