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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 222   View pdf image (33K)
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222 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.

No. 64.

the goods and chattells of any the Inhabitants of this province so
farr as to deprive them of all livelyhood for the future but that
Corn for necessary Maintenance Bedding Guns Ax pott and
Labourers necessary tools and such like houshold implements
and ammunition for subsistance shall be protected from all
Attachments and executions whatsoever.
Provided also that such as shall be found by positive proof
or other Circumstances wilfully to absent themselves into the
woods or elsewhere from the Sheriffs sight whereby they
cannot be found to be brought to tryall and such also as shall
be absent by Flight or proscription out of this Province to be
averr'd upon oath shall have no benefitt of any favourable
Interpretation of this Law.

p. 4

And be it enacted by the Authority aforesaid that from
henceforth any person or persons having obtain'd a Judgment
in any Court of this Province or that shall hereafter obtain any
Judgment in any Court of this Province against any person or
persons it shall and may be lawfull to and for the said Plain-
tiff in the said Judgment at his will and pleasure instead of
any other execution without those previous requisites as above
in this act prescribed and directed to take out an Attachment
against the goods Chattells and Creditts of the said Defen-
dant in the said Judgment in the said plaintiffs own hands or
in the hands of any other person or persons whatsoever which
said attachment shall likewise have the Clause aforesaid
comanding the Sheriff of the said County to whom it shall be
directed at the time of Executing the said Attachment to make
known to each person or persons in whose hands & posses-
sion the said Goods Chattells and Creditts of the absent De-
fendant shall be attachd that he or they be and appear at the
respective Courts at the day of the returne of the said Attach-
ments to shew cause (if they have any) why the said Goods
Chattells and Creditts so as abovesaid in their hands attachd
should not be condemn'd & execution thereof had and made
as in other Cases of Recoverys and Judgments given in Courts
of Record Att which day of the returne of the said Attachmen-
if the sd Defendant shall not then appear nor the said Garnti
shee in whose hands the Goods Chattells and Creditts of the
said Defendant were attach'd to shew sufficient cause to the
contrary the said respective Courts shall and may Condemn
the said Goods Chattells and Creditts aforesaid so as afore-
said Attachd and award Execution thereof to be had and
made either by Capias ad Satisfaciendum fieri facias or other-
wise as the said Plaintiff might have had against the Defen-
dant himself on the Judgement aforesaid which said Condem-
nation & Execution of such goods Chattells and Creditts of



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 222   View pdf image (33K)
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