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An Abridgment of the Laws of
willingly and freely, and without
threats by her Husband, or fear of his displeasure;
which shall be certified upon the Caption, and enroll'd
upon Record.
Execution.
I. An. 4. W. & M. 1692.
p.
7. No Attachment shall
issue out of any Court of this Province without a Summons
first made out; upon which, if the Defendant be
an Inhabitant within the Province, and the Sheriff return
non est Inventus, another Writ of Summons shall
issue forth, and upon the like return of that also, an
Attachment shall then be awarded.
II. If a Writ of Summons be sued forth
against any
person absent out of this Province, upon the return of
Non est Inventus, and the Plaintiffs leaving with the Attorney
of the absent Defendant a Copy of the Declaration
or short Note, expressing the cause of Action (or if
he hath no Attorney, then leaving the same at the
Defendants last dwelling) and making such proof of his
Action as the Court shall think fit, the Justices shall and
may award an Attachment against the Goods, Chattels
and Credits of the Defendant so not appearing, in the
hands of any person whatsoever in this Province, in which
Attachment there shall be a clause commanding the Sheriff
to Garnish the persons, in whose hands such Goods,
&c. are Attached; and if at the return of the said Attachment
the Defendant shall not appear, nor the Garnishee,
to shew cause to the contrary, the respective Courts
shall condemn the said Goods, &c. and Execution shall
be made either by Ca. Sa. or Fi. fa. or otherwise, as
in other
Judgments. The Plaintiffs giving good security to make
restitution if the Defendant shall within a year and a
day from the date of the said Attachment appear to the
Action, and make out that the Plaintiffs Debt or Demand
is paid and satisfied, or otherwise in Court discount
or bar the Plaintiff of the same.
III. Provided no Sheriff shall levy
by way of Execution
against any such Garnishee, any more than the
Plaintiffs Debt and Cost, nor more than what is made
appear to be the Defendants Goods in the hands of the
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