| 1773.
CHAP.
VII. |
3 HENRY HARFORD, Esq;
bill to be delivered to the plaintiff or plaintiffs, or otherwise, as
the nature of the
case shall require; and the said court may likewise order such plaintiff
or plaintiffs
to be paid and satisfied his, her or their demands, out of the estate or
effects so
sequestered, according to the true intent and meaning of such decree, such
plaintiff
or plaintiffs first giving sufficient security, in such sum as the court
shall think
proper, to abide such order, touching the restitution of such estate or
effects, as the
court shall think proper to make concerning the same, upon the appearance
of
the defendant or defendants to defend such suit, and paying such costs
to the plaintiff
or plaintiffs as the court shall order. |
Proviso, in
case of absconding
persons. |
IV. Provided
always, That if any decree shall be made, in pursuance of this
act, against any person or persons being out of this province, or absconding
in
manner aforesaid, at the time such decree is pronounced, and such person
or persons
shall, within two years after making such decree, return or become publicly
visible, then, and in such case, he, she or they, shall likewise be served
with a copy
of such decree, within a reasonable time after his, her or their return,
or public
appearance, shall be known to the plaintiff or plaintiffs; and in case
any defendant,
against whom such decree shall be made, shall, within two years after making
such decree, happen to die before his or her return into this province,
or appearing
openly as aforesaid, then his or her heir, if such defendant shall have
any
real estate sequestered, or whereof possession shall have been delivered
to the
plaintiff or plaintiffs, and such heir may be found, or if such heir shall
be a feme
covert, infant, or non compos mentis, the husband, guardian
or committee, of such
heir respectively, or, if the personal estate of such defendant be sequestered,
or possession
thereof delivered to the plaintiff or plaintiffs, then his or her executor
or
administrator (if any such there be) may and shall be served with a copy
of such
decree, within a reasonable time after it shall be known to the plaintiff
or plaintiffs
that the defendant is dead, and who is his or her heir, executor or administrator,
or where he, she or they, respectively, may be served therewith; and if
any
person or persons, so served with a copy of such decree, shall not, within
six
months after such service, appear and petition to have the said cause reheard,
such decree, so made as aforesaid, shall stand absolutely confirmed against
the person
or persons so served with a copy thereof, his, her and their respective
heirs,
executors and administrators, and all persons claiming, or to claim, by,
from or
under him, her, them, or any of them, by virtue of any act done, or to
be done,
subsequent to the commencement of such suit; and if any person, so served
with
a copy of such decree, shall, within six months after such service, or
if any person,
not being so served, shall, within two years next after the making such
decree, appear
in court, and petition to be heard with respect to the matter of such decree,
and shall pay down, or give security for payment of such costs as the court
shall
think reasonable in that behalf, the person or persons so petitioning,
his, her or
their respective representatives, or any person or persons claiming under
him, her
or them respectively, by virtue of any act done before the commencement
of the
suit, may be admitted to answer the bill exhibited, and issue may be joined,
and
witnesses on both sides examined, and such other proceedings, decree and
execution,
may be had thereon, as there might have been in case the same party had
originally appeared, and the proceedings had been newly begun, or as if
no former
decree or proceedings had been in the same cause: And if any person
or persons
against whom such decree shall be made, his, her or their heirs, executors
or
administrators, shall not, within two years next after making such decree,
appear and petition to have the cause reheard, and pay down, or give security
for payment of such costs as the court shall think reasonable in that behalf,
such decree, made as aforesaid, shall stand absolutely confirmed against
the person and persons against whom such decree shall be made, his, her
and
their heirs, executors and administrators, and against all persons claiming,
or to claim, by, from or under him, her, them, or any of them, by virtue
of any act done subsequent to the commencement of such suit; and, at the
end of such two years, it shall and may be lawful for the court to make
such
further order as shall be just and reasonable, according to the circumstances
of
the case. |
|
 |
