Finding of jury Attachment may att anie time before the money be paid put in bail to the plaintifs action, upon which the attachment is grounded, wherby the garnishee will be immmediately discharged. And if an Attachment shall be made for goods or effects on plea of nulla and the garnishee plead hee had no goods or effects in his bona by garnishee. Goods found in garnishee's hands, to be appraised. hands at the time of the Attachment or at any time after, and the plaintif prove the contrary, the Jury in such case must find for ye plaintif and say what goods or effects they find in the garnishees hands, whereupon Judgment shall be entered. That then Appraisment be made of the said goods or ef fects so found by the Jury and a precept shall be granted requiring the sheriff to get ye same apprized; and if the garIf not produced, nishee will not produce them execution shall be forthwith awarded for the value thereof according to appraisment, To be Levied upon the Lands, tenements, goods and chattells of ye garnishee. execution to be awarded. Against whom only writs of attachment to issue. Not to be levied on goods pre Provided allways, that no writts of Attachment shall hereafter be granted against anie person or persons but such onlie as at the time of the granting of such writts are not residing within this Province or territories, Or are about to remove into some other Colony or place, Or shall refuse to give Sufficient Securitie to the Complainant for the Debt or other Demand. Provided also, that no Attachment shall be made or laid viously attached. upon Lands or tenements wher the party will show any good or chattells in his own or anie other person hands to be attached; And in all cases the House or planta'n where the defendant dwell shall be Last attached. Bail to be given by plaintiff before ed. Provided also, that after Judgment obtained by the plainexecution award. tif upon any Attachments against non residents, The plaintif must before execution is awarded find Surties who must Undertake for the plaintif that if the Defendant in the attachment shall within a year and a day then following come into Court and disprove and avoid ye debt recovered by ye plaintif against him, that then the plaintif shall restore to ye defendant the money by ye plaintif attached and condemned, or So much thereof as shall be Disproved Or else that they will do it for him. Copy of summons And whereas, by a Law of this Province it is enacted that defendants shall be Summoned and a copie of the Complaint Delivered him or her, att his or her dwelling house to answer unto &c: Which Has Occasioned Disputes in some places; For accomodating wherof. It is enacted, That if a Copy left at dwelling of the Summons and Complaint be left att or putt Into the defendants dwelling house, or delivered to one of the family in case the defendant be absent, and proof thereof made by the Sheriff at the Return of the writt; It shall be deemed and adjudged as valid, as if the same wer personnallie served.* house, deemed valid service. *The part relating to attachments supplied by a law passed in the year 1700-See Bioren's Laws, vol. 1, page 8, Chapter 29. The above ten Laws from page 94 to page 111 are a true transcript or duplicate of the Laws of ye said Province and territories made and past the twenty day of May 1699, now in force until his Majesties pleasure shall be further known, As they remain on the files in ye secretaries office of the said Province, examined and Compared there with and found to agree with the same by mee PAT. ROBINSON, Secr'y. CERTIFICATE. OFFICE OF THE SECRETARY OF THE COMMONWEALTH, HARRISBURG, January 20, 1879. I do hereby certify that the foregoing, as contained on the two hundred and ten last preceding pages, is a full, true, and correct copy of the original charter and laws of the Province of Pennsylvania, as compared with and corrected by the records of this office. JOHN BLAIR LINN, Secretary of the Commonwealth. |