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sued, in all courts of judicature within this colony, as a feme sole may, or can by law. notwithstanding the said Joseph Greenhill shall happen to be living: And that none of the estate real or personal whereof the said Frances Greenhill now is, or hereafter shall be seised, or possessed, shall be subject or liable to the debts, controul, or disposition, of the said Joseph Greenhill, in case he be living; but that the same shall, for ever hereafter, remain, and be for the sole and separate use and behoof of the said Frances Greenhill, her heirs, executors or administrators, or such other person or persons, to whom she shall give, grant, convey, or devise the same, as aforesaid. Any law, statute, custom, or usage, to the contrary, notwithstanding.

VII. Provided always, That in case the said Joseph Greenhill shall happen to be now living, and the said Frances shall survive him, that she, the said Frances, shall not claim, have or be entitled to any part or share of the estate of the said Joseph Greenhill, either real or personal; but that she, the said Frances, shall be and is hereby utterly excluded and barred from all dower and thirds, or other part or share of the estate of the said Joseph Greenhill, either real or personal: Any law, statute, usage, or custom, to the contrary notwithstanding.

VIII. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the person or persons claiming under the said Joseph Greenhill, all right, title, estate, interest, claim, and demand, as they, every, or any of them should, or might have had or claimed, if this act had never been made. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof, shall be obtained.

Wm. Gooch, esq. Govern

or.

Preamble.

Foreign attachments.

Absent defendants,

how proceeded against in chancery.

AT A

General Assembly,

SUMMONED TO BE HELD AT

The Capitol, in the City of Williamsburg, on Thursday, the sixth day of May, in the fifteenth year of the reign of our sovereign lord George the second, by the grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. And from thence continued, by several prorogations, to Tuesday, the fourth day of September, in the eighteenth year of his said Majesty's reign, and in the year of our Lord 1744: Being the second Session of this Assembly.

I.

CHAP. I.

An Act, for the relief of certain Creditors.

W

WHEREAS great difficulties have arisen, in the recovery of debts due to the inhabitants of this colony, from persons residing in other parts of his majesty's dominions, or who have removed themselves into foreign parts, having effects here sufficient for the satisfying and paying such debts; for remedy whereof,

II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That if any suit which hath been, or hereafter shall be commenced, for relief in equity, in the general court of this colony, any defendant or defendants, against whom any subpoena or other process shall issue, shall not cause his, her or their appearance to be entered upon such process, within such time, and in such manner as, according to the rules of the court, the same ought to have been entered, in case such process had been duly served, and an affidavit or affidavits shall be made, to the satisfaction of such court, that

such defendant or defendants is or are beyond the seas, or that upon enqiry at his, ber, or their usual place of abode, he, she, or they could not be found, so as to be served with such process; then, and in such cases, the said court may not only make any order or orders to restrain and injoin any person or persons in this colony,having any effects belonging to the defendant or defendants in their hands, or in any other manner,debtors to the defendant or defendants, from paying, conveying away, or secreting such debts or effects, until the further order or decree of the said court; but also may,(if to the said court it shall seem necessary) order such effects to be delivered to the plaintiff or plaintifs,subject to the future order and decree of the said court, upon such plaintiff or plaintifs giving such security as to the said court shall seem proper, for the return of the said effects, in such manner, and to such persons as the said court shall adjudge: And the said court also shall and may make an order, directing and appointing such defendant or defendants to appear, at a certain day therein to be named, of the next succeeding court: and a copy of such order shall, within fifteen days after such order made, be inserted in the Virginia Gazette, for two months successively, and published on some Lord's day, immediately after divine service, in such parish church or churches as the said court shall appoint and direct; and also in every case a copy of such order shall, within the time aforesaid, be posted up at the front door of the Capitol, in the city of Williamsburg: And if the defendant or defendants do not appear within the time limited by such order, or within such further time as the court shall appoint, then on proof made of such publication of such order as aforesaid, the court, being satisfied of the truth thereof, may order the facts of the plaintifs bill to be taken pro confesso. But if the matter or cause of such suit or suits, be for the adjustment and settlement of any account or accounts, and for satisfaction of what ballances may appear due thereon, then, and in such cases, the court may, either by assigning and appointment of auditors; or in any other manner, proceed to the stating and settlement of such account or accounts, and make such order and decree thereupon, as shall be thought just; and may thereupon issue process to comnel the performance of such decree, either by immedi

ate sequestration of the real and personal estate and effects of the defendant or defendants, (if any such can be found) or such part thereof as may be sufficient to satisfy the demands of the plaintiff or plaintiffs in the said suit, or by causing possession of the estate or effects, demanded by the bill to be delivered to the plaintiff or plaintiffs, or by continuing the effects, (if any) so ordered to be delivered on the return of the subpoena as aforesaid, or such part thereof as may be sufficient to satisfy the plaintiff or plaintiffs demands and costs of suit, in the hands of the plaintiff or plaintiffs; or give such further relief or remedy 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 sequestred, 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 defendant or defendants appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs, as the court shall order: But in case such plaintiff or plaintiffs shall refuse or neglect to give such security as aforesaid, then the said court shall order the estate or effects so sequestred, or whereof possession shall be decreed to be delivered, to remain under the direction of the court, either by appointing a receiver thereof, or otherwise, as to such court shall seem meet, until the appearance of the defendant or defendants to defend such suit, and his, her, or their paying such costs, to the plaintiff or plaintiffs, as the said court shall think reasonable, or until such order shall be made therein as the court shall think just.

Defendants

ance.

III. And it is hereby further enacted, by the authority refusing to aforesaid, That from and after the passing of this act, enterappear- if any defendant or defendants, by virtue of any writ of habeas corpus, or other process issuing out of the said court, shall be brought into court, and shall refuse or neglect to enter his, her or their appearance, according to the rules and method required by the said court, or to appoint an attorney of such court, to act on his, her, or their behalf, respectively, such court may appoint an attorney of such court, to enter an appear

ance for such defendant or defendants, respectively; and such proceedings may thereupon be had in the cause, as if the party had actually appeared.

IV. Provided always, That if the person, against If in custody. whom any decree shall be made, upon refusal or neglect to enter his, her, or their appearance, or appoint an attorney to act on his, her, or their behalf, shall be in custody, or forth coming, so that he, she or they may be served with a copy of such decree: then he, she or they, shall be served with a copy thereof, before any process shall be taken out to compel the performance thereof.

V. Provided also, That if any decree shall be made, Absent defendants may in pursuance of this act, against any person or persons, shew cause, being out of this colony, or absconding as aforesaid, at within 7 the time such decree is pronounced, and such person years. or persons, shall, within seven years after the making such decree, return, or become publickly 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 publick appearance, shall be known to the plaintiff or plaintiffs: And in case any defendant, against whom such decree shall be made, shall, within seven years after the making such decree, happen to die before his, or her return into this colony, or appearing openly, as aforesaid, or shall, within the time last before mentioned, die in custody, before his or her being served with a copy of such decree, then his or her heir, if such defendant shall have any real estate sequestred, 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 sequestred, 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.

VI. Provided always, That if any person or persons, When deso served with a copy of such decree, shall not, within

cree final.

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