22 LAWS OF MARYLAND.—1716.
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any court of this province before a writ or summons Lo first
made out, upon which writ, if the party defendant be an inha-
bitant, 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 de-
fendant; and if the sheriff shall, upon the second writ or sum-
mons, return a non est inventus likewise, an attachment shall
and may, in manner and form hereafter set down, be awarded. |
In case of
suit, &c.
justices to
award
attachment,
&c.
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SEC. 3. 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, or if he hath left no attorney, then the plaintiff leaving
a copy of the said declaration or short note, expressing the true
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 attach-
ment against the goods, chattels and credits of the said absent
defendant, so as aforesaid prosecuted, and not appearing to the
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, on 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 then appear, nor the
garnishee, in whose hands the aforesaid goods, chattels and cre-
dits of the defendant were attached, to shew cause to the con-
trary, the respective courts shall and may condemn the said
goods, chattels and credits so as aforesaid attached, and award
execution thereof to be had and made by capias ad satisfacien-
dum, fieri facias, or otherwise, as in other judgments, he, the
said plaintiff, so prosecuting as aforesaid, giving good and suf-
ficient security before the justices of each respective court, to
and for the use of the said defendant, so as aforesaid being not |
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