CHAP.
XXXIX.
Execution
shall be awarded
against
such
Executors de
bonis propriis,
in Defect of
Assetts. |
same, the Court, before whom such Action shall be brought, shall give
Judgment,
and award Execution, against such Executors or Administrators, de
bonis propriis, to such Creditor or Creditors as aforesaid,
as the Law in that
Case directs, any thing in this present Act to the contrary thereof
in any
wise notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
* By 1729, ch. 24, §.
15, no Preference shall be given in Payment of Debts by any Executor, &c.
to Debts due to the Crown, or the Lord Proprietor, other
then such as are to the
proper Use of his Majesty, or his Lordship. |
Preamble.
Two successive
Writs
shall be returned
non est
before Attachment
shall issue
against the
Effects of any
Inhabitants.
One Writ returned
Non
Est, and a
short Note
left with the
Defendant's
Attorney, or
at his last
Place of Residence,
and
Proof of the
Debt, shall
entitle the
Plaintiff to an
Attachment,
if the Defendant
be out of
the Province.
In default of
Appearance
of the Defendant or Garnishee,
the
Effects to be
condemned,
&c. |
WHEREAS it is highly expedient to
settle the Manner of Proceedings
on Attachments, and limiting the Extent of them, and to
provide what shall be levied on such Attachments and Executions.
II. Be
it Enacted, by the King's
most excellent Majesty, by and with the Advice
and Consent of his Majesty's Governor, Council, and Assembly of this Province,
and the Authority of the same, That
from henceforth, no Attachment
shall issue out of any Court of this Province, before a Writ or Summons
be
first made out; upon such Writ, if the Party Defendant be an Inhabitant,
or Resident within this province, and the Sheriff shall return a Non
est inventus,
one other Writ or Summons shall thereupon, in Manner aforesaid, issue
forth against the said Defendant: And if the Sheriff shall, upon
the second
Writ or Summons, return a non est inventus likewise, an Attachment
shall
and may, in Manner and Form hereafter set down, be awarded.
III. And
in case any Writ or Summons shall
issue forth of any his Majesty's
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
Sheriff on such Writ or Summons, and the Party Plaintiff his leaving with
the Attorney of such absent Defendant (if he hath left any Attorney) a
Copy
of his Declaration, or short Note, expressing the Cause of Action, at the
House where
the said Defendant absent, did last reside or dwell; and making such *
Proof
of his Action, as the said respective Courts shall think fit, it shall
and may be
lawful for the Justices of the said Courts, to award an Attachment against
the
Goods, Chattels and Credits of the said absent Defendant, so as aforesaid
prosecuted, and not appearing to he said Action, which are or shall be
in the
Hands and Possessions of any Person or Persons whatsoever; yea, even in
the
Plaintiff's own Hands, for the Defendant's use, in this Province:
In which
said Attachment there shall be a Clause, commanding the Sheriff of the
respective
Counties, at the Time of the executing the said Attachments, to
make known to each Person or Persons in whose Hands or Possessions the
said
Goods, Chattels, and Credits so attached are, if to him or them it shall
seem
meet, to be and appear, n the Return of such Attachments, before the Justices
of the respective Courts, out of which such Attachments are issued, to
shew Cause why such Goods , Chattels, or Credits, so attached as aforesaid,
should not be condemned, and Execution thereof had and made, as in other
Cases of Recoveries and Judgments given in Courts of Record: At which
Day of Return of the said Attachment, if the said Defendant shall not hen
appear, nor the Garnishee, in whose Hands the aforesaid Goods, Chattels,
and
Credits of the Defendant were attached, to shew Cause to the contrary;
the
respective Courts shall and may condemn the said Goods, Chattels, and Credits, |
