18 MARYLAND COURT OF APPEALS

Hawkins hath been and is Satisfied his Demand afore Said or Shall otherwise
in this Court discount or barr the Said Henry Hawkins of the Same or any
part thereof etc.

(True Copy) Per C. Lomax Clk: Ca[ro] Comi[te]

Henry Hawkins pl^t [v.] Philip Lynes Def^t

Vpon a writt of Error brought by the Def^t to correct Errors in a Judgm^t
obteyned by the Complainant in Charles County Court Vpon an Attachm^t is-
sued out of the Said Court.

The Said Philip by George Plater his Attorney Saith, that the pit: Upon
the 11^th day of August 1691: did bring an Action of debt ag^t the Def^t in the
Said County Court, for the Summe of 13281^lb of to[bo] and hath Declared ag^t
him. Upon a bill obligatory Supposed to be made and Sealed by the Said
Def^t to the Said Plantiffe upon the 5^th day of March i6g.fi- for the paym^t of
the Said Summe the next day that is to Say the Sixth day of the Same month
and Upon two Non Est Inventus returned by the Sheriffe of the Said County
and Upon the Suggestion to the Court that the Said Phillip Lynes was absent
out of the Province and that Sev^rall persons of that County had in their
hands of the goods Chatt^ls or Credits of the Said Def^t to the Value of the Said
Debt upon the tenth day of November 1691 afore Said There Upon at the
Request of the Said pit: according to Act of Assembly in that Case made and
provided, It was granted by the Court there that the Said Plantiffe have an
Attachm^t ag^t the Estate of the Said Lynes for the Said Summe of 132811^o of
Tobacco with Cost of Suite and there upon the Said Pit: Sued out an At-
tachm' for 155341^o of Tobacco returnable to the 12^th of January 1691: By
Virtue whereof the Sheriffe the Said 12^th of January did returne that he had
Attached the Said Summe of 15534^lb in the hands of Severall persons as in
the Record is mencion'd and the Said Philip Lynes nor any of [25] The
Garnishees appearing they prayed Condemnation and Execution for the
goods Servants and Tobacco Attached which was by the Ct. granted ac-
coidingly:

Which Attachm^t illegally and unduely issued and that therefore the
Judgm^t Condemnation and execution thereupon is illegal and Erronious in
Law for these reasons.

The Act of Assembly limitting the Extent of Attachments and providing
what Shall be Levyed on Attachm^ts and executions being the Act of Assembly
intended in the pleadings afore Said in the p^ramble of it Saying that the
former Laws for Attachm^ts had been Soe incertaine and doubtfully expressed
that they Scarce throughout admitted of a Coherent interpretation whereby
many doubts had been made and Various Judgm^ts thereupon given To the
End therefore that the manner of proceedings on Such Attachm^ts may be
more plainly and clearly Set downe Did Enact that from thenceforth no at-
tachment Should issue out of any Court of this Province before a Writt or