140 Assembly Proceedings, November 17-December 20, 1769.

Liber R. G.
1769

Provincial Court to enter such Bond or Bonds in the Records of the
said Court and thereupon to order Process in the Nature of a Scire
facias against the Debtor or Debtors or his her or their Heirs
Executors Administrators or Devisees and the Surety or Sureties
of such Debtor or Debtors or the Heirs Executors Administrators
or Devisees of such Surety or Sureties and each of such Surety and
Sureties respectively to appear and shew Cause at the then next
Provincial Court any they have why Execution should not issue on
such Bond or Bonds which Process being served Twenty Days before
the return thereof and no Appearance entered or if Appearance no
good Cause shewn to the Contrary at the said Court to which the
same is returnable it shall and may be Lawful by the Direction of
the said Commissioners to Issue Execution against the Body Goods
or Chattels Lands or Tenements Rights or Credits of such Defendant
or Defendants according to the Nature of the Case having respect to
the Right or degree in which such Defendant or Defendants shall
stand or be —

[Any
Obligor, &c.,
making
Conveyances
after

executing

Bonds, &c.
The Com-
missioners to
proceed by
Scire Facias
&c.

And be it further Enacted, That in Case any Obligor or Obligors
his her or their Surety or Sureties after Execution of such Bond
or Bonds shall have aliened or Conveyed away the whole or any
part of his her or their Messuages Lands Tenements or Heredita-
ments it shall and may be Lawful for the said Commissioners to
proceed in Manner aforesaid by Scire facias against the Terre Tenant
or Tenants who being warned Twenty days before the return of said
Process in manner aforesaid and not appearing or if appearing not
showing sufficient Cause to the Contrary Execution shall and may
be issued against the Lands Tenements and Hereditaments so aliened
or Conveyed away by Fieri facias or otherwise agreeable to the Direc-
tions of the said Commissioners —

[On Process
issued, the
Justices of
the Provin-
cial Court to
oblige the
Defendants
to plead, &c.]

And be it further Enacted, That in all Cases whatsoever where
any such Process as aforesaid shall be issued on such Bond or Bonds
and served as aforesaid Twenty days before the return thereof it
shall and may be Lawful for the Justices of the Provincial Court
and they are hereby Authorized and required to Oblige the Defendant
or Defendants to plead to issue the first Court and try the same
without any Imparlance unless it appear by Affidavit that a Material
Witness or Witnesses is or are absent beyond Sea or is or are sick
or unable to attend within the Province in which Cases and no

[Goods, &c.
taken by
Fieri Facias,
&c. after
Notice
given, to be
sold to the
highest
Bidder, for
Gold or
Silver, &c.]

other an Imparlance may be granted at the Discretion of the said
Court —
And be it further Enacted by the Authority aforesaid That in Case
any Goods or Chattels Lands or Tenements shall at the Instance
of the said Commissioners be taken in Execution by Virtue of any
fieri facias or Attachment by way of Execution or otherwise the
Sheriff or Coroner according as the said Writ shall be Directed shall
after giving Ten days Notice by Advertisements set up in the most