AFFIRMATION.—1756.

An Act for the ease of Dissenting Protestants, within this province, who may be scrupulous of taking an oath, in respect to the manner and form of administering the same.-Passed December 13, 1756. Vol. I. 391.

WHEREAS many inconveniences may arise in this province through the scruples of divers Protestant Dissenters, within the same, of good estates and abilities, who refuse to take an oath, by laying their hand on the holy evangelists, whereby the publie is deprived of their services as jurymen. And whereas, acts of toleration and indulgence to Protestant Dissenters have been found of beneficial tendency to other his Majesty's provinces, and may, in a particular manner, be so to this infant province, in order that such Dissenting Protestants may be enabled and compellable to serve on all juries, and to give evidence in all cases, and that the acts of such Protestant Dissenters may be valid and effectual, in respect of the manner and form of taking and administering oaths;

firmation va

punished as

Be it enacted, That immediately after passing of this act, A solemn afany person who shall appear in any of the Courts of Judicature, id as an oath, or before any judge, or magistrate in this province, either as and, if false, juror, witness, party, or otherwise, in any cause, civil or crimi- perjury. nal, and shall make and distinctly repeat a solemn and conscientious declaration and affirmation, according to the form of his profession, in any matter, cause, or thing, wherein an oath is required by law, in the following words: "I, A. B. do swear, in the presence of Almighty God, as I shall answer at the great and awful day of judgment, that, (as the case may be.) So help me God." And such solemn and conscientious declaration and affirmation shall be deemed, held, adjudged, and taken to be valid and effectual to all intents, constructions, and purposes whatsoever, in the same manner as if such person had taken an oath on the holy evangelists of Almighty God. And that all and every such person and persons, as shall be convicted of falsely and corruptly affirming and declaring any matter or thing, which (if the same had been an oath taken on the holy evangelists,) would by law amount to wilful and corrupt perjury, shall incur the same penalties, disabilities, and forfeitures, as persons convicted of wilful perjury do incur by the laws of Great Britain.*

* For the punishment of perjury, see Penal Laws, sec. 139

18

In what cases the agent or

attaeb.

ATTACHMENT.-1799.

An Act to regulate Attachments in this State.*-Passed February 18, 1799. Vol. I. 39.

WHEREAS it is just and proper that provision should be made for the recovery of debts, where the same cannot be done by the ordinary process of law; therefore,

1. Sect. I. Be it enacted, &c. That in case of non-residence, attorney may or where both debtor and creditor shall reside without the limits of this state, it shall and may be lawful for such creditor, by himself, his agent, or attorney, to attach the property, both real or personal, which may be found in the state, of such debtor, in the same manner, and under the like restrictions, as are or shall be usual in case of absconding debtors, or where the debtor alone resides out of the state.

Who may issue attach

what cases.

To be levied

or constable,

or personal

garnishees.

garnishees.

2. Sec. II. It shall and may be lawful for the judges of the ments, and in superior, or justices of the inferior court, or any one of them, and also for any justice of the peace, upon complaint made on oath, that his debtor resides out of this state, or is actually removing without the limits of this state, or any county, or absconds, or conceals himself, or stands in defiance of a peace officer, so that the ordinary process of law cannot be served on him, to grant an attachment against the estate of such debtor, or so much thereof as shall be of sufficient value to satisfy the plaintiff's demand and costs, which attachment shall be directby a sherif, ed to, and served by the sheriff of the county where the proon the de- perty may be found, or his deputy, or any constable; and it fendant's real shall be the duty of such sheriff, his deputy, or any constable, estate, or in to serve and levy the same, upon the estate, both real and perthe hands of sonel, of such debtor, wherever the same may be found, either in the hands of any person indebted to, or having effects of such Summons debtor, and summon such person or persons to appear at the next court to be held for the said county, and to which the said attachment may be returnable, there to answer on oath what he is indebted to, or what effects of such party he hath in hand, or had at the time of levying such attachment, which, being returned executed, the court may by order compel such person to appear and answer as aforesaid: And where any person, in whose hands any debt or effects may be attached, shall deny made up on owing any money to, or having in his hands any effects of such the return of debtor, it shall be lawful for the plaintiff to traverse such denial, and thereupon an issue shall be made up, and the same be tried by a jury; and if found against such garnishee, he, she, or they shall be subject to pay the plaintiff such sum as shall be so found, and the court shall order judgment to be entered thereof against such garnishee, as in other cases: Provided that the said judge, justice of the inferior court, or justice of the peace, Plaintiff shi before granting such attachment, shall take bond and security of the party for whom the same may be granted, in double the

Issue may be

garnishee.

Trial and judgment thereon.

give bond.

The old provincial act of 1761 [See Watk. 67.] is repealed by the act of 1803. Vol. II. 123.