2458 INDEX TO THE

Page

ATTACHMENT.

No attachment shall issue from any court against a defendant residing

in the state, before two successive writs against him have been re-

turned non est— 1715, ch. 40, sec. 2, ......

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If the defendant is absent out of the state, then one writ being returned

non est, and the plaintiff leaving a copy of his declaration, or short

note, expressing the cause of action, with the defendant's attorney,

(if he hath one,) or at the defendant's late dwelling-house, and

making such proof of his action as the court shall think fit, the court

shall award an attachment against the goods, chattels and credits of

such absent defendant, so prosecuted and not appearing, which may

be laid on such goods, &c. in the plaintiff's own hands, or those of

any other person — 1715, ch. 40, sec. 3, .....

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In such attachment shall be a clause, commanding the sheriff to make

known, at the time of the execution, to the person in whose hands

the goods, &c. so attached are, to appear on the return of the at-

tachment before the court, to shew cause why such goods, &c.

should not be condemned — 1715, ch. 40, sec. 3, .

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If the defendant shall not then appear, nor the garnishee aforesaid, the

goods, &.c. shall be condemned, and execution awarded as in other

judgments — 1715, ch. 40, sec. 3, ......

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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 the attachment, by him-

self or attorney, appear to the original action, and prove payment,

or otherwise in court discount or bar the plaintiff of the whole or

part— 1715, ch. 40, sec. 3, ........

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Such condemnation and execution of the goods, Sec. shall be pleadable

in bar by the garnishee in any action brought by the said defendant

for the same — 1715, ch. 40, sec. 3, . . . .

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No sheriff shall execute more against the garnishee than the plaintiff's

debt and costs, nor than what the plaintiff shall make appear in

court to be the goods, &c. of the defendant, with such costs only

as such gurnishee shall put the plaintiff to by denying himself to

be indebted to the defendant, and contesting the same — 1715, ch.

40, sec. 4, ...

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Persons proved to abscond from the sheriff, or absent out of the state,

(to be averred upon oath,) shall have so benefit of any favourable

interpretation of the law — 1715, ch. 40, sec. 6,

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The plaintiff in any judgment obtained may, without the previous re-

quisites in this act prescribed, instead of any other execution, take

out attachment against the goods, &c. of the defendant in the plain-

tiff's own hand, or in those of any other person, in which shall be

a clause of scire facias as in pther pages— 1715, ch. 40, sec. 7,

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And, in default of appearance in the defendant or garnishee to shew

cause to the contrary, the court shall condemn the goods, &c. and

award execution, as might have been had against the defendant on

the judgment — 1715, ch. 40, sec. 7, ......

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