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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 221   View pdf image (33K)
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Acts. 221


Province. In which said Attachments there shall be a Clause
comanding the Sheriff of the Respective Countys at the time
of the executing the said Attachments to make known to each
person or persons in whose hands and possession the said
Goods Chattells & Creditts so as aforesaid in their hands

attach'd are should not be Condemn'd and Execution thereof

had and made as in other Cases of Recoverys and Judgments
given in Courts of Record Att which day of Return of the said
Attachment if the said Defendant shall not then appear nor
the Garnishee in whose hands the afd goods Chattells and
Creditts of the Defendant were attachd to shew Cause to the
Contrary the respective Courts shall and may condemn the said
Goods Chattells and Creditts so as aforesaid attachd and award
Execution thereof to be had and made by capias ad Satis-
faciendum fieri facias or otherwise as in other Judgments he
The said Plaintiff so prosecuting as aforesaid giving good and
sufficient Security before the Justices of each respective Court

Lib. L. L.
No. 64.

to and for the use of the said defendant so as aforesaid being
not found within this province to make restitution of the said
goods Chattells or Creditts so as aforesaid Condemn'd or the
Value thereof if the Defendant so as aforesaid prosecuted shall
at any time within one year and a day to be accounted from
the said Attachment awarded come in and either in person or
by Attorny appear to the said original accon and make it ap-
pear that the said plaintiff hath been and is Satisfyed and paid
the Debt or demand in the said Accon or shall otherwise in
Court discount or barr the said plaintiff of the same or any
part thereof which said Condemnation and Execution of the
said Goods Chattells or Creditts of the said Defendant in the
hands of the Garnishee or Garnishee as aforesaid had and made
shall be sufficicent and pleadable in barr by the said Garnishee
or Garnishees in any Accon brought against him or them by
the said Defendant for the same.
Provided allways that no Sheriff shall levy by way of Execu-
tion as aforesaid against any the said Garnishee or Garnishees
any more than the plaintiffs Debt and Cost nor against any
Garnishee or Garnishees than what the said Plaintiff in the said
Accon shall make appear to the said respective Courts to be of
the said Goods Chattells and Creditts of the said Defendant
in each respective Garnishee or Garnishees hands together
with such Costs only as the Garnishee or Garnishees shall
put the plaintiff to by denying him or themselves to be indebted
unto such Defendant and contesting the same. Provided also
that no Sheriff in any County within this province shall by any
Attachment or any other Execution had upon such Attach-
ment or by any other Execution whatsoever levy seize or take

p. 3




 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 221   View pdf image (33K)
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