1.  No Attachment shall issue out of any Court of
this Province, where the Defendant is an Inhabitant 
or Resident within the same, before Two successive
Writs against such Defendant, have been returned
Non-est.  1715, ch. 40, §. 2.
    2.  But in case the Defendant be absent out of the
Province, then one Writ being returned Non-est, by
the Sheriff, and the Plaintiff leaving a Copy of his
Declaration, or short Note expressing the true Cause of
Action, either with the Defendant's Attorney, (if he
hath one) or at the Defendant's late Dwelling-House,
(if he hath left no Attorney) and making Proof (See
below, Art. 10, 11,) of his Action; the Court shall
award an Attachment against the Goods, &c. of such
absent Defendant, so prosecuted, and not appearing to
the Action.  Which Attachment may be laid on such
Goods, &c. in the Plaintiff's own, or any other Person's
Hands whatsoever.  Ibid.  §. 3.
    3.  In such Attachment shall be a Clause commanding
the Sheriff to make known to the Persons in whose
Hands the Effects are attached, to appear on the Return
of the Attachment before the Court, to shew
Cause, why such Goods, &c. shall not be condemned,
&c.  And, in Default of such Appearance in the Defendant
and Garnishee in whose Hands they were attached,
the Goods, &c. shall be condemned, &c. the
Plaintiff giving Security in Court for the Use of the
Defendant, to make Restitution of the same, or the Value,
if such Defendant shall, within a Year and a Day
from the awarding of the Attachment, by himself or
Attorney, appear to the original Action, and prove
Payment, or otherwise in Court discount or bar the
Plaintiff of the Whole or Part.  Ibid.
    4.  Such Condemnation, &c. of the Effects shall be
pleadable in Bar by the Garnishee, in any Action
brought by the said Defendant for the same.  Ibid.
    5.  No Sheriff shall execute more against the Garnishee
than the Plaintiff's Debt and Cost; nor than
what the Plaintiff shall make appear in Court to be the
Goods, &c. of the Defendant:  With such Costs only
as such Garnishee shall put the Plaintiff to by denying
himself to be indebted to the Defendant, and contesting
the same.  Ibid.  §. 4.
    6.  No Sheriff, shall Attach, &c. the Goods, &c. of 
any Inhabitants, so as to deprive them of all future
Livelihood:  But Corn, for necessary Maintainance,
Bedding, Gun, Ax, Pot, Labourers necessary Tools,
and such like Houshold Implements, and Ammunition
for Subsistence, shall be protected from all Attachments
and Executions whatsoever.  Ibid. §. 5.
    7.  But such as wilfully abscond from the Sheriff, or
are absent by Flight or Proscription, out of the Province,
(to be averred upon Oath) shall have no Benefit
of any favourable Interpretation of this Law.  Ibid.
§. 6.  (See also below, Art. 9.)
    8.  The Plaintiff, in any Judgment obtained, may
instead of any other Execution, without the previous
Requisites above mentioned, (Art. 1, 2,) take out Attachment
against the Effects of the Defendant, in
which shall be a Cause of Scire facias, (as in Art. 3.)
And, in Default of Appearance in the Defendant and
Garnishee, to shew Cause to the contrary, the Court

shall condemn the Goods, &c.  Which Condemnation
and Execution of the Effects in the Hands of any
Garnishee, shall be pleadable y such Garnishee in
Bar, in any Action brought by the Defendant for the 
same.  Ibid.  §. 7.
    9.  Any Provincial or County Justice, being informed
by Oath of one creditable Witness, or other
probable Way, " That any Person is actually run away,
" or removed in a secret Manner from his Abode,
" and hath carried, or is about to remove any
" Part of his Substance, to deceive his Creditors, or
" abscond from Justice;" and it being made appear to
such Magistrate, that such Runaway or absconding
Person is really indebted to the Person making Application,
and how much, may issue his Warrant to the
Clerk of the Court, who shall issue Attachment thereon
for the Debt, &c. so proved, and the incident Cost,
for such Creditor against such Runaway or absconding
Person.  And the same Proceeding shall be had thereon,
and Security given as directed (See Art. 3,) by the
foregoing Act.  1729, ch. 8.  § 2 and 3.
    10.  But the Creditor producing any Bond, Bill., &c.
or other Writing, under Hand and Seal, or Hand of
such absconding Person, shall first make Oath, &c.
that the Whole, or Part thereof if any Payment hath
been made, remains really and bonâ fide, due and
owing to such Creditor, Ibid.  §. 4.
    11.  And if the Debt be on Account, or Book-Debt,
it shall be Proved:  Which Account and Probat 
shall be lodged with the Clerk of the Court before
Attachment shall issue.  Ibid.
    See Administrators, 2, 3, 24, 25.  Guardians, 15.
        Intestates Estates, 7.  Orphans, 8.  Prerogative
        Court, 4.  Small Debts, 1.
ATTORNEY-GENERAL.  See Boundaries, 3.
    Navigation Bonds, per Tot.  Process Criminal, 1.
    Records, 6.  Thieving, 6.

    1.  No Magistrate, Sheriff, Deputy-Sheriff, Clerk,
or Deputy-Clerk, shall Plead as an Attorney in the
Court wherein he bears Office, on Penalty of 3000 lb
Tobacco, for every Offence whereof he shall be convicted: 
One Half to the Support of Government, the
other Half to the Informer.  1715, ch. 41, §. 9.
    2.  No Person shall Practice the Law in any Court
of this Province, without being admitted thereto by
the Justices of such Court; who have Power to admit,
and also to suspend them, Salvo Jure Coronæ.   1715,
ch. 48, §. 12.
    3.  No Court shall admit any Person to practice as an
Attorney therein, who has already been refused so to
do by the Governor and Council; nor to any person
who shall not qualify himself by taking the Oaths to
the Government.  Ibid.  §. 13.
    4.  The Attorney-General, Clerk of the Indictments,
or other Attorney, issuing out any Criminal
Process, without Presentment of the Grand Jury, or
a special Order of the Governor in Council, or of the
Court, appearing upon Record, shall forfeit, if in the
Provincial Court, 5000 lb Tobacco; if in any County
Court, 2500 lb Tobacco:  One Half to the Support
of Government, the other Half to the Informer.  Nor
shall any Appeal, &c. be allowed the Offender from
the Judgment of the County Court.  Ibid.  §. 1, 2.
See Process Criminal, 2.
    5.  On Presentment of the Grand Jury, in any
County Court, for Breach of any Laws, (except the
Act of 1715, ch. 26, for speedy Trial of Criminals,
&c.) if the Party presented submits, the Clerk of the
Indictments shall have, for his Fee, 100 lb Tobacco.
But, if the Bill of Indictment be drawn, and the Party
Traverse, the Clerk of the Indictments shall have
200 lb Tobacco.  Ibid.  §. 6.
    6. To every Attorney in a County Court, for bringing,
prosecuting or defending any Action to final
Judgment, Agreement, or other End thereof, shall be