INTRODUCTION xlvii

show other matter in discount or in bar of the claim. The attachment might issue
only for the amount of the debt and costs, and assets in the hands of a garnishee
could, naturally, be attached only to the limit of the amount held. In the first
case in this record an attachment was held invalid because it had issued for an
amount greater than that of the debt. The statute allowed exemptions of goods
necessary for a livelihood and the like. By an act of iGga,¹ a garnishee was
given a right to appear and defend the action, showing any reason why the goods
should not be attached. Assets in an attaching creditor's own hands might be
attached, by virtue of a provision in the act of 1683 as well as later acts; and the
case of Prideaux v. Contee was an instance of such an attachment laid in the
creditor's own hands.

v. CHANCERY APPEALS

Edward and Dudley Charlton v. Nicholas Sporne. Bill of review, and ap-
peal under the act of 1694. The record is not inserted, and no papers are found
copied into the chancery court records. An appeal to the King in Council was
noted but apparently not prosecuted.

Charles Carroll v. Thomas Wells. On a bill to enjoin enforcement of a judg-
ment in ejectment in the provincial court. This appeal, too, was one permitted
under the act of 1694. It was dismissed because of Carroll's failure to file reasons
for appealing, or assignments of error.

Thomas Bordley v. John Gresham. Bill to enjoin enforcement of judgment
at law on a sheriff's bond and supplemental bill,— the first full appeal in a
chancery case, under the act of 1718.

John Ward v. Nathaniel Hynson, Prochain ami of Nathaniel Hynson. Bill
to enjoin prosecution of a suit in ejectment because of fraud and misrepresenta-
tions in the procuring of a patent.

Levin and Thomas Hicks, Devisees of Thomas Hicks, deceased v. Philemon
Lecompt and Mary, his wife, daughter and heir to William Seward, deceased,
son and heir of George Seward.² Bill to vacate a patent of land fraudulently
obtained.

Alexander Adams v. John Caldwell. Bill by judgment creditor to set aside
a fraudulent conveyance.

vi. COVENANT

Gerrard Slye v. Benjamin Hall and Mary, his wife, Executrix of James Bow-
ling. Upon a sealed covenant to deliver a crop of tobacco.

Daniel Bryan v. Pryor Smallwood.³ On a covenant of warranty in a deed.

vn. CRIMINAL CASES, INCLUDING CASES UPON INFORMATION UNDER STATUTES

Edward Randolph, Surveyor General of the Customs in North America v.
John Blackmore and Ship Ann. Criminal information for violation of the
Restoration Navigation Act,⁴ in shipping tobacco without having given bond to
carry it to some other English plantations or to England, Ireland, Wales, or town
of Berwick upon Tweed. Bond given but not signed by the principal.

1 Ch. 62, Archives, XIII, 522. Later acts, before 1730, were: 1704, ch. 14, ibid., XXVI,
220; 1715, ch. 40, ibid., XXX, 236; 1729, ch. 8, ibid., XXXVI, 460.

² Reported i Harris & McHenry, 22.

s Reported 4 Harris & McHenry, 483. * Stat. 12 Charles II, ch. 18.