MARYLAND COURT OF APPEALS 19

Summons be first made out upon which Writt or Summons if the p^rty Def^t
be an Inhabitant or Resedent within this Province and the Sherriffe return
a non est Inventus one other Writt or Summons Shall thereupon in manner
afore Said issue forth against the Said Def^t and if the Sherriffe Shall on the
Second Writt or Summons return a non est Inventus likewise an Attachm'
Shall and may thereupon in manner hereafter Sett downe be awarded and in
case any Writt or Summons Shall issue forth of any of the Courts here against
any person or persons absent out of this Province in Such Case Upon the
Return of a Non est Inventus by the Sherriffe on Such Writt or Summons
and the p^rty plant^ff his leaving with the Attorney of Such absent Defendant
(if he hath left an Attorney a Copy of his Declaration or Short Note express-
ing the true Cause of Action or if he hath left no Attorney then the p:ltt:
leaving a Coppy of the Said declaration or Short note expressing the true
Cause of Action at the house where the Defend^t absent did last reside or dwell
and making Such Proofe of his Action as the Said respective Courts Shall
think fitt it Shall and may be lawfull for the Justices of the Said Courts to
Award an Attachm^t etc: So that the leaving the declaration or true Cause
of Action with the Defend^ts Attorney at his house that thereby he may have
Notice of Such Suit against him and [26] may if he think convenient Defend
himself to the Action afore Said and that he may not contrary to Law be
disseized of his goods and Chattels or deprived of the benifitt of the Law but
by the due Course and process of the Law is in this Case absolutely proved
to be done and in this So Materiall a matter and So possitive a Rule (without
the direct observance whereof it is by necessary consequence implyed that the
Justices of the Said Courts cannot Award an Attachment against any person
absent out of the Country The Said Plantiffe hath failed in his Duty and
therefore the Attachment afo^sd Erroniously issued and the Judgm^t Condem-
nation and Execution thereupon illegall and against Law.

2: Another essentiall part the plan^tff hath Failed in, before the Courts
afores^d can award an Attachm^t as afore Said which is due proofe of the Action
etc. it doth not appear by the Transcript of the Record afore Said that the
plan^t hath made any proofe at all of the debt Sued for which he ought to
have done by the express words of the Act afore Said, and therefore without
that proofe the Said Court had no power by the Said Act (which being a
New Law and directly in face of the Law of England though convenient for
this Province the Justices ought precisely to Follow) to Award an Attachm^t
against the Sd Def^t his goods or Chattels etc: And therefore the Said At-
tachm^t Judgm^t Condemnation and Execution Void illegall and Erronious
in Law.

3: The Judgm^t is only for an Attachm^t to issue for 13281^lb of Tobacco
and Costs of Suit, and there is noe Costs taxed and the Attachm^t is for 15534^lb
of Tobacco which is 2253^lb of Tobacco more then the Judgm^t and So much
the Sheriffe hath Attached and is Condemned which Attachm^t for that Summ