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Proceedings and Acts of the General Assembly, October 1678-November 1683
Volume 7, Page 607   View pdf image
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Assembly Proceedings, OctoberNovember 1683. 607

of his accon as the said Respective Courts shall thinke fitt itt
shall & may bee Lawfull for the Justices of the said Courts to
award an Attachmt agl the goods Chatties & Creditts of the
said absent deft soe as aforesaid prosecuted & not appeareing
to the.said accon which are or shall bee in the hands or pos-
session of any person or persons whatsoever even in the pits
owne hands for his the said defts vse in this Province in which
said Attachmt there shall bee a Clause Comanding the Shreife
of the Respective Countys att the time of executeing the said
Attachmts to make knowne to each person & persons in whose
hands or possession the said goods Chatties or Creditts of the
said absent deft shall bee attached that they bee & appeare att
the Respective Courts att the day of the Retourne of such
Attachmt to shew cause (if they have any) why the said goods
Chatties & Creditts soe as aforesaid in theire hands Attached
should not bee Condempned & execucon thereof had & made
as in other Cases of Recoverys or Judgemt given in Courts of
Record att which day of the Retourne of the said Attachmts if
the said deft shall not then appeare nor the said Garnishee in
whose hands the said goods Chatties & Creditts of the said
deft were Attached shew sufficient Cause to the Contrary, the
said Respective Courts shall & may Condemne the said goods
Chatties & Creditts aforesaid soe as aforesaid Attached &
award execucon thereof to bee had & made either by Capias
ad satisfaciend fierifacias, or otherwise as on other Judgemts hee
the said plt soe as aforesaid prosecuteing giveing good &
sufficient security before the Justices of each Respective Court
to & for the vse of the said deft soe as aforesaid being not
found within this Province or absent out of the said Province
as aforesaid to make Restitucon of the said goods Charles or
Creditts soe as aforesaid Condempned or the value thereof if
the deft soe as aforesaid prosecuted shall att any time within
one yeare & day (to bee accounted from the day of the said
Attachmts awarded) come in & either in person or by Attorney
appeare to the said originall accon agt him & make itt appeare
that the said plt hath beene &. is satisfied & paid the debt on
demand in the said action or shall otherwise in Court discount
or barr the said plt of the same or any parte thereof, which
said Condempnacon & execucon of the said goods Chatties

Liber W. H.

or Creditts of the said defts in the hands of the said Garnishee
or Garnishee's as aforesaid had & made shall bee sufficient &
pleadable in barr by the said Garnishee or Garnishees in any
accon brought agt him or them by the said deft for the same.
Provided always that noe Shreife shall Leavy by way of Exe-
cucon as aforesaid agt any the said Garnishee or Garnishees any
more then the plts debt & Costs nor agt any Garnishee or Gar-
nishees any more then what the said plt in the said accon shall

p. 249



 
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Proceedings and Acts of the General Assembly, October 1678-November 1683
Volume 7, Page 607   View pdf image
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