562 assent to an act of Assembly. Form of giv- or Effects as the Court shall think proper to make ing the royal concerning the same upon the Defendant or Defendants appearance to defend such suit and paying such costs to the Plaintif or Plaintifs as the Court shall or der. But in case such Plaintif or Plaintifs 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 of to such court shall seem meet until the appearance the Defendant or Defendants to defend such Suit and his or their paying such Costs to the Plaintif or Plaintifs as the said Court shall think reasonable, or until such order shall be made therein as the court shall think just. AND it is hereby further enacted by the authority aforesaid that from and after the passing of this Actifany 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 Methods 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 appearance for such Defendant or Defendants respectively and such proceedings may thereupon be had in the Cause as if the party had actually appeared. PROVIDED always that if the person against 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 forthcoming 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 compell the performance thereof. PROVIDED also that if any decree shall be made in pursuance of this Act against any person or persons being out of this Colony or absconding as aforesaid at the time such Decree is pronounced and such person 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 Public appearance shall be known to the Plaintif or Plaintifs, and in case any Defendant a assent to an gainst whom such Decree shall be made shall within Form of givseven years after the making such Decree happen to ing the royal die before his or her return into this Colony or ap- act of Aspearing openly as aforesaid or shall within the time sembly. 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 deli. vered to the Plaintif or Plaintifs 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 Plaintif or Plaintifs, 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 Plaintif or Plaintifs that the Defendant is dead and who is his or her Heir Executor and Administrator or where he she or they respectively may be served therewith. PROVIDED always that if any Person or Persons so served with a Copy of such Decree shall not within twelve months after such service appear and Petition to have the said cause reheard such decree so made as aforesaid shall stand absolutely confirmed aagainst 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 PROVIDED nevertheless that if any Person so served with a Copy of such Decree shall within twelve 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 behalf 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 Form of giv- Decree and Execution may be had thercon as there ing the royal might have been in case the said Party had originally assent to an act of Assembly. appeared and the proceedings had then been newly begun or as if no former Decree or proceedings had been in the same cause 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 and have the Case reheard 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. October 18th 1744 Agreed to by the House of Burgesses, Peter Randolph, C. H B. September 29th 1744 Read the third Time Nath'l. Walthoe C. G. A. WILLIAM GOOCH John Robinson, Speaker." AND WHEREAS the said Act together with a Representation from the Lords Commissioners for Trade and Plantations thereupon have been referred to the consideration of a Comittee of the Lords of his Majestys most Honourable Privy Council for Plantation affairs the said Lords of the Comittee did this day Report as their opinion to his Majesty, that the said Act was proper to be approved His MAJESTY taking the same into consideration was pleased with the advice of his Privy Council to declare his approbation of the said Act and Pursuant to his Majestys ROYAL Pleasure thereupon expressed the said Act is horeby con 565 assent to an firmed finally Enacted and Ratified accordingly where- Form of giv of the Governor Lieutenant Governor or Commander ing the royal in Chief of his Majestys Province of Virginia for the act of As time being and all others whom it may concern are to sembly, take notice and conform themselves accordingly. W. SHARP. |