PUBLIC GENERAL LAW.

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

in bar by the garnish ee in any action brought by the said defendant

for the same — 1715, ch. 40, sec. 7, . .

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If a person, not a citizen of this state, and not residing therein, is in

debled to a citizen of this or any other of the United Slates, or if

one citizen being indebted to another citizen of this state shall run

away, abscond or fly from justice, or secretly remove from his

abode, with intent to evade the payment of his debts, in either case

the creditor may apply to a judge of the general court, a justice of

the county court, or justice of the peace, and make oath or affirma-

tion before such judge, &c. or any judge of any other of the United

Slates, that the said debtor is bona fide indebted to him —— , over

and above all discounts, (producing the bond, account, &c.) that he

knows, or is credibly informed and believes, that the debtor is not a

citizen of this state, and does not reside therein, (where such is the

case,) and, (where the debtor is a citizen of this state,) that he

knows, or is credibly informed and believes, that such debtor is run

away or fled from justice, or removed from his abode, with intent

to injure and defraud his creditor or creditors — 1795, ch. 56, sec. 1

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Such judge or justice of this state shall thereupon issue a warrant to

the clerk of the general or county court, (as the case may require,)

to issue an attachment against the lands, &c. of such debtor — 1795,

ch. 56, sec, 1, ..........

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On receipt of such warrants, together with the proof on which they were

granted, attachment shall issue with the same clause of scire facias,

and to have the like proceedings, 8cc. as are prescribed by the act

of 1715, ch. 40—1795, ch. 56, sec. 1, .

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There shall be issued there with such attachment a writ of capias ad

respondendum against the defendant, and a declaration or short note

of the cause of action shall be filed, and a copy sent with the writ,

to be set up at the court-house door — 1795, ch. 56, sec. 3, .

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To every attachment under this act, the garnishee may plead in be-

half of the defendant such plea as the defendant could do if taken

by such capias, and appearing to the same — 1795, ch. 56, sec. 4, ,

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The oath or affirmation of a creditor before a judge of any other of the

United States shall not be evidence without a certificate of the clerk

of his court, or the governor or chief magistrate, or a notary public

of such state, that he has authority to administer such oath, &c. —

1795, ch. 56, sec. 2, .........

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The plaintiff may exhibit interrogatories in writing to the garnishee

concerning the property of the defendant in his possession or charge,

or by him due or owing, at the time of serving such writ of attach-

ment, or at any other time — 1795, ch. 56, Sec. 5, .

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The garnishee shall, by rule of court, answer such interrogatories, and,

on his neglect or refusal, the court shall adjudge that he has in his

possession property of the defendant, or is indebted to him, to an

amount sufficient to pay the debt, damages and interest of the plain-

tiff, and. costs, and execution shall issue as in other cases of con-

demnation in the hands of garnishees — 1795, ch. 56, sec. 5,

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