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AX ACT OF ASSEMBLY,
PASSED UNDER THE COLONIAL GOVERNMENT.
(From a book in the office of the General Court, labelled
Proclam. Book 1748, p.2.]
AT THE COURT AT ST. JAMES's,
Form of giv
ing the royal The 20th day of March, 1745. assent to an
act of As. PRESENT.
Mr. Vice Chamberlayne,
Sir John Rushout.
Form of giv. Majesty's royal approbation or disallowance. AND ing the royal WHEREAS in pursuance of the said powers an Act was act of Assem- passed in the said province in 1744, which hath been bly. transmitted in the words following, viz.
An Act for the relief of certain Creditors.
WHEREAS great difficulties have arisen in 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 theinselves into foreign parts, having effects here sufficient for the satisfying and paying such «lebts, for remedy whereof, BE IT ENACTED, by the Lieutenant Governur, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, that if in 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 subpæna or other Process shall issue shall not cause his or her 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 affilavits shall be made to the satisfaction of such Court that such defendant or defendants is or are beyond the seas or that upon enquiry at his, her or their usual place of abode he, she or they could not be foun: so as to be served with sucha process then and in such cases the Court may not only inake an order or orders to restrain and enjoyn 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 same Court it may seem necessary) order such Effects to be delivered to the Plaintif or Plaintifs subject to the future order and Decree of the said Court, upon such plaintif or plaintifs giving such security as to the said Court shall seemn proper for the retirn 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
assent to an act of As
to be named of the next succeeding Court and a copy Form of gły, of such order shall within fifteen days after such or. ing the royal der made be iuserted in the Virginia Gazette for two months successively and published on some Lords day sembly. immediately after divine service in such Parish Church or Churches as the said Court shall appoint and di. rect 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 duc thereon, then and in such cases the Court inay
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 compell the performance of such decree either by imediate 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 satisfie the demand of the plaintif or plaintifs in the said suit or by causing possession of the Estate or effects demanded by the Bill to be delivered to the plaintif or plaintifs or by continuing the Effects if any so ordered to be delivered on the return of the Subpena as aforesaid or such part thereof as may be sufficient to satisfie the Plaintif or Plaintifs Demand and Costs of Suit in the hands of the Plaintif or Plaintifs or give such further relief or remedy as the nature of the case shall require and the said Court may likewise order such Plaintif or Plaintifs 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 (lecree such Plaintif or Plaintifs first giving sufficient security in such sum as the Court shall think proper to abide such order touching the restitution of such Estate
Y 3-Vol. 5.
Form of giv. or Effects as the Court shall think propor to make ing the royal concerning the same upon the Defendant or Defenassent to an act of As. dants appearance to defend such suit and paying such sembly. costs to the Plaintif or Plaintifs as the Court shall or.
ler. 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 to such court shall seem meet until the appearance of 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 Actif 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 bis 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 Co. py 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 be 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 against whom such Decree shall be made shall within Form of giv, seven years after the making such Decree happen to ing the royal
assent to an die before his or her return into this Colony or ap- act of As. pearing 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
be found or if such Heir shall be a Feme Covert Infant or Non Compos Mentis the Husband, Guardian or Com. mittee 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 Decreo 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 peti. tioning 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 com. mencement 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