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Defendants

ance.

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 ef fects, 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.

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 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.

fendants may

V. Provided also, That if any decree shall be made, Absent dein 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.

How defendants per

swer.

twelve months after such service, appear, and petition to have the said cause re-heard, such decree, so made as aforesaid, shall stand absolutely confirmed against the person and persons so served with a copy thereof, his, her and their respective heirs, executors and administrators, and all persons claiming 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.

VII. Provided nevertheless, That if any person so served with a copy of such decree, shall, within twelve mitted to an- months after such service; or if any person, not being so served, shall, within seven 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 hehalf; 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 said party had originally appeared, and the proceedings had then been newly begun, or as if no former decree or proceedings had been in the same

When bar

red.

cause.

VIII. Provided nevertheless, and be it enacted, by the authority aforesaid, That if any person or persons, against whom such decree shall be made, his, her, or their heirs, executors or administrators, shall not, within seven years next after the making of such decree, appear and petition to have the cause re-heard, 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 or to be done, subsequent to the commencement of such suit: And at the end of such seven 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 cause.

CHAP. II.

An Act, to explain and amend an Act, intituled, an Act for the effectual suppression of vice, and restraint and punishment of wicked, blasphemous, and dissolute

I.

persons.

HEREAS the act of Assembly, made in the

fourth year of the reign of her late majesty Preamble: queen Anne, intituled, an act, for the effectual suppression of vice, aud restraint and punishment of wicked, blasphemous, and dissolute persons, hath been found insufficient to restrain and discourage wickedness and vice; and different opinions have also prevailed, touching the meaning thereof: Therefore, for the better explaining and amending the same,

II. Be it enacted, by the Lieutenant Governor, Coun- Profane eil, and Burgesses, of this present General Assembly, swearing, and it is hereby enacted, by the authority of the same, penalty for. That from and after the passing of this act, if any person or persons shall profanely curse or swear, he, she or they so offending, being thereof convicted, in the manner as in the said recited act is directed, shall, for every respective oath or curse, by him or her so sworn and uttered, forfeit and pay the sum of five shillings, or fifty pounds of tobacco: And if any person or per- How enforc sons so convicted, shall refuse to make present pai- ed ment of such forfeiture or forfeitures, or give suficient security for the payment thereof, at the laying of the next parish levy, after such conviction, that then the same shall be levied on the goods and chattels of such offender or offenders, by execution, under the hand of the justice of the peace, before whom such conviction shall be directed, to the sheriff or constable, to be executed in like manner as other executions and distresses are levied; and if no goods and chattels of such offender or offenders can be found, whereon to levy the said sum or sums, then he, she, or they, shall have and EB-vol. 5.

Limitation.

Not attend

excuse for.

receive ten lashes upon his, her, or their bare back, well laid on, for every such forfeiture.

III. Provided always, That no justice of the peace shall give judgment for more than four oaths or curses, sworn or uttered at any one time, or issue execution against any offender, for more than twenty shillings or two hundred pounds of tobacco, upon any one conviction; and also that no offender or offenders shall receive more than twenty lashes, upon such conviction.

IV. And be it further enacted, That when any pering church, son shall hereafter be presented by the grand jury, or prosecuted by the church wardens, or otherwise, for wilfully absenting him, or herself from divine service, at his or her parish church or chappel, the space of one month, if such person shall make it appear, by the oath of one or more credible witness or witnesses, that he or she so presented or prosecuted, hath been at divine service at any other church or chappel than his or her own parish church or chappel, within the space for which he or she shall be so presented, for being absent; that then such presentment or prosecution shall be dismissed, and the party prosecuted discharged from the forfeiture in the said act mentioned. And forasmuch as many doubts have arisen touching the offences and matters to be presented by grand juries, for settling whereof for the future,

present

ments.

V. Be it further enacted, by the authority aforesaid, Limitation of That the grand juries hereafter shall, and they are hereby required to make presentment of all such offences and breaches of penal laws only, as shall be committed within the space of twelve months before the time of such presentment, unless the same be otherwise directed by law, and no longer.

VI. And be it further enacted, That so much of the said recited act of Assembly, as relates to any matter or thing within the purview of this act, shall be, and the same is hereby repealed and made void.

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