so as aforesaid attached, and award Execution thereof to be had and
made
by capias ad satisfaciendum, Fieri facias, or otherwise, as in other
Judgments;
He, the said Plaintiff, 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,
to
make restitution of the said Goods, Chattels or Credits, so as aforesaid
condemned,
or the Value thereof, of the Defendant so as aforesaid prosecuted,
shall at any Time within one year and a Day, to be accounted from the said
Attachment awarded, come in, and either in Person, or by Attorney, appear
to the said original Action, and make it appear that eh said Plaintiff
hath
been and is satisfied and paid the Debt or Demand in the said Action, or
shall
otherwise in Court discount or bar the said Plaintiff of the same, or any
part
thereof. Which said Condemnation and Execution of the said Goods,
Chattels
or Credits, of the said Defendant, in the Hands of Garnishee or Garnishees
as aforesaid had and made, shall be sufficient and pleadable in Bar, by
the said Garnishee or Garnishees, in any Action brought against him or
them
by the said Defendant, for the same.
* By 1729, ch. 8, §. 4, all
Bills, Bonds, protested Bills of Exchange, and Writings obligatory
whatsoever; and all Debts upon Accounts, or Book-Debt,
shall be proved on Oath before
Attachment shall issue.
IV. Provided
always, That no Sheriff shall
levy, by Way of Execution as
aforesaid, against the said Garnishee or Garnishees, any more than the
Plaintiff's
Debt and Cost; nor against any Garnishee
or Garnishees, than what the
said Plaintiff in the said Action shall make appear to the said respective
Courts
to be of the said Goods, Chattels and Credits of the said Defendant in
each
respective Garnishee or Garnishees Hands, together with such Costs only
as
the Garnishee or Garnishees shall put the Plaintiff to, by denying him
or
themselves to be indebted to such Defendant, and contesting the same.
V. Provided
also, That no Sheriff,
in any County within this Province
shall, by any Attachment, or any other Execution had upon such Attachment,
or any other Execution whatsoever, levy, seize or take the Goods and Chattels
of any the Inhabitants of this province so far as to deprive them of all
Livelihood
for the future; but that Corn for necessary Maintainance, Bedding,
Gun, Axe, Pot, and Labourers necessary Tools, and such like Houshold
Implements and Ammunition for Subsistance, shall be protected from all
Attachments
and Executions whatsoever.
VI. Provided
also, That such as shall
be found by positive proof or other
Circumstances, wilfully to absent themselves, or * abscond in the Woods
or
elsewhere from the Sheriff's Sight, whereby they cannot be found to be
brought to Trial; and such also as shall be absent by Flight or Proscription
out of this Province, to be averred upon Oath, shall have no Benefit of
any
favourable Interpretation of his Law.
* For the Manner of suing out Attachments
against the Effect of Persons running away or
absconding; See 1729, ch.
8, §. 2.
VII. And
be it Enacted, by the Authority
aforesaid, That from henceforth,
any Person or Persons having obtained a Judgment in any Court of this Province,
or that shall hereafter obtain any Judgment in any Court of this Province
against any Person or Persons, it shall and may be lawful to and for the
said Plaintiff in the said Judgment, at his Will and Pleasure, instead
of any
other Execution, without those previous Requisites, as above in this Act
prescribed
and directed, to take out an Attachment against the Goods, Chattels,
and Credits of the said Defendant in the said Judgment, in the said Plaintiff's
own Hands, or in the Hands of any other Person or Persons whatsoever:
Which said Attachment shall likewise have the Clause aforesaid, commanding
the Sheriff of the said County, to whom it shall be directed, at the Time
of
executing the said Attachment, " To make known to such Person or Persons
|
CHAP.
XL.
The Plaintiff
giving Security
for Restitution
if
Cause be
shewn within
a Year and a
Day.
Such Condemnation
pleadable in
Bar by Garnishee.
How far the
Sheriff may
attach in Garnishee's
hands.
What Costs
Garnishee
shall be liable
to.
Necessary
Tools and
Implements
for Subsistence,
&c.
exempted
from Attachments
and
Executions.
Persons absconding,
&c.
shall not be
entitled to
any favourable
Construction
of this Law.
The Plaintiff,
in any judgment
obtained,
may instead
of other
Execution,
take out Attachment
against
the Effects
of the
Defendant,
with Clause
of |
