defendants, who fail to enter appearance, in the hands of other perfons. II. BE it enacted by the General Affembly, That if in any fuit which hath been, Courts of equity may or hereafter fhall be commenced for relief in equity in the High Court of Chan- ftop the effects of abfent cery, or in any other Court, against any Defendant or Defendants who are out of this country, and others within the fame, having in their hands effects of, or otherwife indebted to fuch abfent Defendant or Defendants, and the appearan ces of fuch abfentees be not entered, and fecurity given, to the fatisfaction of the Court, for performing the decrees, upon affidavit that fuch Defendant or Defendants are out of the Country, or that upon enquiry at his, her, or their ufual place of abode, he, the, or they, could not be found fo as to be ferved with procefs, in all fuch cafes, fuch Court may make any order, and require furety if it fhall appear neceffary, to restrain the Defendants in this country from paying, conveying away, or fecreting the debts by them owing to, or the May direct them to be effects in their hands of fuch abfent Defendant or Defendants, and for that pur- delivered to the plaintiff pofe may order fuch debts to be paid and effects delivered to the faid Plain on his giving security. tiff or Plaintiffs, upon their giving fufficient fecurity for the return thereof to fuch perfons, and in fuch manner as the Court fhall direct. a III. THE Court fhall alfo appoint fome day in the fucceeding Term, for And fhall appoint a day. the abfent Defendant or Defendants to enter his or their appearance to the for the defendants' ap. fuit, and give fecurity for performing the decree, a copy of which order fhall be pearance. A copy of the order forthwith published in fome public newf-paper published in this State, conve- when and how to be nient to the place where the Court is held, and continued for two months fac- published. ceffively, and another copy fhall be posted at the front door of fuch Court. If If the defendant fails to fuch abfent Defendant or Defendants, fhall not appear and give fuch fecurity appear, the bill may be within the time limited, or fuch further time as the Court may allow, for good decree entered. caufe fhewn, the Court may proceed to take fuch proof as the Complainant hall offer; and if they fhall thereupon be fatisfied of the juftice of the demand, they may order the bill to be taken as confeffed, and make fuch order and de taken for confeffed and cree therein as fhall appear juft, and may enforce due performance and executi- Plaintiff to give fecurity on thereof, y fuch ways and means as hatli heretofore been used for enforcing for abiding fuch future other decrees, requiring the Plaintiff or Plaintiffs to give fecurity as the Court order as may be made fhall approve, for abiding fuch future order as may be made for restoring the in the fuit. eftate or effects to the abfent Defendant or Defendants, upon his or their appear- Plaintiff failing to give ance and answering the bill; and if the Plaintiff or Plaintiffs fhall refufe to give, fecurity, effects to reor not be able to procure fuch fecurity, the effects fhall remain under the direc- main under the directition of the Court in the hands of a Receiver, or otherwife, for fo long time, and on of the court. fhall then be finally difpofed of, in fach manner as to the Court fhall feem juft. a IV. IF any perfon or perfons who fhall be out of the Commonwealth at the When and how perfons time any decree is pronounced as aforefaid, shall within feven years from the affected by fuch decrees paffing fuch decree, return, and appear openly; or in cafe of his or her death, may have their caufe reheard, if his or her Heir, Executor, or Adminiftrator, shall, within the said feven years, be, and appear openly within this Commonwealth, the Plaintiff or Plaintiffs, their Executors or Adminiftrators, shall ferve fuch perfon or perfons fo returning or appearing, with a copy of the decree, within a reafonable time after fuch return or appearance shall be known to the Plaintiff or Plaintiffs, and thereupon fuch Defendant or Defendants, or their Reprefentatives, may within twelve months after fuch fervice, or thofe Defendants not ferved with a copy, or their Reprefentatives, may, within feven years after the decree pronounced, appear in Court and petition to have the caufe reheard; and upon their paying down, or giving fecurity for payment of fuch cofts as the Court fhall think ieaionable, they fhall be admitted to anfwer the bill, and iffue may be joined, and witneffes on both fides examined, and fuch other proceedings, decree, and execution had, as if there had been no former decree in the caufe: But, if the feveral Defend. ants, or their Reprefentatives, upon whom the decree fhall be fo ferved, fhall not within twelve months after fuch fervice, and the other Defendants, or their Reprefentatives, upon whom no fuch fervice is made, thall not within feven years from the time of the decree pronounced, appear and petition to have the caule reheard as aforefaid, and pay or fecure to be paid, fuch cofts as the Court may think reafonable, all and every decree to be made in purfuance of this Act against any Defendant or Defendants fo failing, thall ftand abfolutely confirmed against him, her, or them, by virtue of any Act or Conveyance, done or made, fubfequent to the commencement of the fuit; and at the er of fuch term, the Court may make fuch further order for quieting the Plaintiff or Plaintiffs in any fuch fuits, in their poffeffion and title to the eitate and effects fo fequeftered or made liable, as to them fhall feem reasonable, a (a) Oct. 1777, ch. 15, sec. 36, 37, 39, 1744, ch. 1, fec. 7, 1792. The fame proceedings to be pursued against other abfent defendants as aalatt abfent debtors. Attachments against ab- 116 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. V. IN all cafes whatever, where a fuit is or fhall be depending in the High Court of Chancery, or other Court of Equity, concerning any matter or thing whatever against any abfent Defendant or Defendants, the Court may, on fatis factory proof to them made, that fuch Defendant or Defendants, is or are out of this Commonwealth, or, that upon enquiry at his, her, or their ufual place of abode, he, the or they could not be found, make any order fimilar to that which is directed to be made in cafe of absent debtors, adapting the fame to the na. ture of the cafe; a copy of which order fhall be published in like manner as is directed in cafe of abfent debtors, and thereupon if the appearance of fuch abfent Defendant or Defendants be not entered, the Complainant anay proceed in like manner as if an appearance had been entered. Provided always, that where fuch decree fall be made, fuch abfent Defendant or Defendants, may at any time within feven years, be permitted to file his, her, or their anfwer, and to fhew caufe why the faid decree fhould be fet afide; upon which the Court may make fuch decree as fhall appear to be equitable. a VI. IF any perfon fhall make complaint to any Juftice of the peace, that his debtor is removing out of the County or Corporation privately, or ab to be obtained, executed fconds or conceals himfeif, fo that the ordinary process of Law cannot be ferv. and returned. ed on him, fuch Justice hall grant an attachment against the estate of fuch debtor, or fo much thereof, as thall be fufficient to fatisfy the debt and coûts of fuch Complainant; which attachment, where the debt or demand fhall exceed five dollars, or two hundred pounds of tobacco, fhall be returnable to the next County or Corporation Court, and directed to and ferved by the Sheriff, or his Under-Sheriff, unlets in cafe where the Sheriff is a party interested, and then, the fame thall be directed to, and ferved by a Coroner, or Serjeant; and it fhall be lawful for fuch Sheriff, or Officer, to ferve and levy the fame, upon the flaves, goods and chattels of the party abfconding, wherever the fame thall be found, or in the hands of any perfon or perfons indebted to, or having any ef fects of the party abfconding, and to fummon fuch garnithee or garnithees to appear at the next Court to be held for the faid County or Corporation, there to anfwer upon oath, what he or the is indebted unto fuch party, and what ef fects of fuch party, he or the hath in his or her hands, or had at the time of ferving fuch attachment; which being returned executed, the Court may thereupon compe, fuch garnithee to appear and answer as aforetaid. b Party obtaining one first to give bond and fecuti tv, otherwile it fall be +oid. Attachments repleviable by appearance, and giv ing bail, or fecurity for appearance. VII. PROVIDED always, That every Juftice of Peace, before granting fuch attachment, that take bond and fecurity of the party for whom the fame fhall be iffaed, in double the fum to be attached, payable to the Defendant, for fatisfying and paying all cots which shall be awarded to the faid Defendant, in cafe the Plaintiff faing out the attachment therein mentioned, shall be caft in his fuit, and alfo all damages which fhall be recovered against the faid Plaintiff for his faing out fuch attachment; which bond fhall be by the fame Jultice, returned to the Court to which the attachment is returnable; and the party entitled to fuch cofts or damages, may thereupon bring iuit, and recover; and every attachment iffued without fuch bond taken, or where no bond shall be returned, is hereby declared illegal and void, and fhall be difmiffed. VIII. PROVIDED alfo, That all attachments fhall be repleviable by appearance, and putting in good bail, if by the Court ruled fo to do, or by giving bond with good fecurity to the Sheriff or other Officer ferving the fame; which bond, the Sheriff or other Officer is hereby empowered and required to take, to appear at the Court to which fuch attachment fhall be returnable, and to abide by and perform the order and judgment of fuch Court. IX. AND be it further enacted, That upon the Defendant or Defendants reRules where fecurity is plevying any attached effects, by giving bond and fecurity to the Sheriff or o taken for appearance. ther Officer as a:oreiaid, the Sheriff fhall return the name of the fecurity by him fo taken; and if fuch fecurity fhail be adjudged infufficient by the Court, and if the Defendant fhall fail to appear and give fpecial bail, if thereunto ruled by the Court, fuch Sheriff and fecurity fhall be fubject to the fame judgment and recovery, and have the fame liberty of defence and relief, as if fuch fecurity had been taken upon the execution of meine process. Method of profecuting X. AND be it further enacted, That it fhall be lawful for any creditor, where attachments where the his debt doth not exceed twenty+ dollars, or one thousand pounds of tobacco, to dollars, or 1000 lbs. of go before any Juftice of the Peace of the County or Corporation where his debtor refides, and make oath how much is juftly due to him, and that he hath debt does not exceed 20 tobacco. (a) Oct. 1787, ch. 9, fec. 3. (b) 1748, ch. 4, fec. 6. Encreased from + £. 5. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 117 grounds to fufpe, and verily believes, that fuch debtor intends to remove his effects; and thereupon fuch Justice fhall iffue an attachment against the estate of fuch debtor, returnable to his next County or Corporation Court, directed to all Sheriffs, Serjeants; and Conftables within the Commonwealth; and by wirtue thereof, it shall be lawful as well for the Sheriff, Serjeant, or any Conftable of the County or Corporation where fuch attachment fhall be obtained, as for the Sheriff, Serjeant, or any Conftable of other Counties or Corporati ons, to purfue and feize fuch effects, and to make return of fuch attachment to the Court where the fame fhall be returnable; and thereupon, fuch proceedings fhall be had without a petition, as in other cafes of attachment. 1792: Where it is under 5 dol Where the attachment XI. AND upon complaint made to a Juftice of Peace, that any perfon bars, of 200 lbs. of soindebted to the complainant in any lefs fum than five dollars, or two hundred bacco. pounds of tobacco, is removing out of the County or Corporation privately, or fo abfconds or conceals himself that a warrant cannot be ferved upon him, such Justice shall, taking bond and fecurity, as in this Act is before directed, grant an attachment against the eftate of fuch debtor, or fo much thereof, as fhall be of value fufficient to fatisfy the debt and cofts of the party praying fuch attachment, directed to the Sheriff, or any Conftable of his County, or Serjeant, or any Conftable of his Corporation, and returnable before himself or any other Juilice thereof, who fhall and may proceed thereupon, as upon an attachment returnable to the County or Corporation Court. XII. AND if any attachment returnable to the County or Corporation is not replevied, the Court, or before a Justice of Peace, shall be returned executed, and the goods plaintiff thall have judg or effets attached shall not be replevied as this act directs, the Plaintiff shall be entitled to a judgment for his whole debt, and may take execution thereupon; and all goods and effects attached and not replevied as aforefaid, shall be fold and difpofed of, for and towards fatisfaction of the Plaintiff's judgment, in the fame manner as goods taken in execution upon a writ of fieri facias. And where any attachment shall be returned ferved in the hands of any Garnish e, it shall be lawful upon his or her appearance and examination, in the manner by this Act before directed, to enter up judgment and award execution against every fuch Garnishee and Garnishees, for all fums of money due from him, her, Judgment against the or them, to the perfon abfconding, or in his, her, or their cuftody or poffef garnishee. fion, for the use of such person, or fo much thereof as shall be of the value fuf ficient to fatisfy the debt and cots of the Complainant; and all goods and ef. fects whatsoever, in the hands of any Garnishee or Garnishees, belonging to fuch abfconding perfon, shall be liable to fatisfy fuch judgment. XIII. AND whereas att chments are frequently ferved upon horfes, cattle, hogs, fheep, and other live stock, which the Officers ferving the fame are obliged to retain in their cuftody for a length of time, before an order of Court can be obtained for the fale of fuch live ftock, or for want of buyers, during wh.ch time fuch ftock frequently perish for want of proper food, or are greatly impoverished, to the great detriment both of the creditor and his debtor: For re ment. medy whereof, Be it enacted, that when any Sheriff or other Officer fhall ferve Live ftock attached to be an attachment on horfes or other live stock, and the fame fhall not be immedi- fupported by the officer. ately replevied or restored to the debtor, it shall and may be lawful for fuch Of ficers, and they are hereby required to provide fufficient fuftenance for the fupport of fuch live ftock, until such stock shall be fold or otherwife legally dif charged from fuch attachment; and upon the trial of any attachment, the Court before whom fuch attachment shall be tried, may and shall upon the motion of the Officer ferving the fame, fettle and adjuft what fuch Officer thall be allowed for his expenfes incurred by fupporting fuch stock, to be taxed in the bill of cofts against the party against whom fuch judgment thall be given on fuch attachment, and the fame fhall be retained by the Officer out of the money ari fing from the file of fuch flock; and the faid Officer shall and inay retain the expenfes of fupporting fuch fock, taken as aforefaid, out of the money arifing from the fale, to be fettled in manner aforefaid. And where the Plaintiff in any attachment shall be caft, the expenses aforefaid shall be taxed in the bill of cofts against such Plaintiff, for which the Defendant may take execution with the other cofts. a And the expenfe defrayed out of the mofales ney arifing from the XIV. AND be it further enacted, That upon proof being made before a Attachments may be if Magiftrate, that a debtor is actually moving or abfconding as aforefaid on Sun- fed on Sundays. day, it shall be lawful to iffue and ferve an attachment against fuch debtor, as is directed by this a&t on any other day. (a) 1773, ch. 6, fec. 2. |