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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 220   View pdf image (33K)
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220 Assembly Proceedings, Sept. 5-Oct. 3, 1704.
ACTS

Lib. L. L.
No. 64.
p.1

Maryland ss.
Att a Session of Assembly Begun and held at the Town
and port of Annapolis in Ann Arundell county the 5th day of
September in the third year of the Reigne of our Sovereigne
Lady Anne by the Grace of God of England Scotland France
and Ireland Queen Defender of the faith &ca and in the year
of our Lord one thousand seven hundred and four.

Were Enacted the Laws following

An Act directing the Manner of Suing out Attachments in
this Province and limitting the Extent of them. For Settling
the Manner of proceedings on Attachments and limitting the
Extent of them and providing what shall be levyed on
Attachments and Executions.

Be it enacted by the Queens most excellent Majesty by and
with the Advice and Consent of her Majestys Governour
Councill and Assembly of this Province and the Authority of
the same that from hence forth no Attachment shall issue out
of any Court of this Province before a Writt or Sumons be
first made out upon which Writt if the party Defendant be an
Inhabitant or Resident within this province and the Sheriff
shall return a Non est Inventus one other Writt or summons
shall thereupon in manner aforesaid issue forth against the said
Defendant And if the Sheriff shall upon the second Writt or

p. 2

summons return a Non est Inventus likewise An Attachment
shall and may in manner and forme hereafter sett down be
awarded And in Case any Writt or summons shall issue forth
of any of her Majestys Courts within this Province against any
person or persons absent out of this Province in such case
upon the Returne of a Non est Inventus by the Sheriff on such
Writt or sufnons and the party plaintiff his leaving with the
Attorny of such Absent Defendant (if he hath left an Attorny
a Copy of his Declaration or short Notes expressing the Cause
of Accon or if he hath left no Attorny then the Plaintiff leaving
a Copy of the said Declaration or short Note expressing the
true Cause of Accon at the house where the said Defendant
absent die last reside or dwell and making such proof of his
Accon as the said respective Courts shall think fitt It shall and
may be lawfull for the Iustices of the said Courts to award an
Attachment against the Goods Chattells and Creditts of the
said absent Defendant so as aforesaid prosecuted and not
appearing to the said Accon which are or shall be in the hands
and possession of any person or persons whatsoever (yea)
even in the Plaintiffs own hands for the Defendants use in this



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 220   View pdf image (33K)
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