made, unless the Courte that had cognicance of the cause, or some superior Courte, shall otherwise determine. Provided, nevertheless, that no man's person shall be kept in prison for debt, but when there appears some estate which hee will not produce; to which end, any Courte or Commissioners authorized by the General Courte, may administer an oath to the partye, or any others suspected to bee privy in concealing his estate, hee shall satisfye by service, if the creditor require it; but shall not bee sould to any, but of the English nation. ATTACHMENT. It is ordered, sentenced, and decreed, That the ordinary summons or process for the present, within this Jurissdiction, and untill other provision made to the contrary, bee a warrant, fairely written, under some Magistrate or Magistrates hand or hands, mentioning the time and place of appearance, and if the said partye or partyes do not appeare according to the said warrant or summons, uppon Affidavitt first made, of the serving of the said person or persons, the Courte shall graunt an attachement . against the person or persons delinquent, to arrest or aprehend the said person or persons for his or theire willfull contempt, and in case no sufficient securitye or bayle bee tendred, to imprison the said partye or partyes returneable the next Courte, that is capeable to take cogniscance of the said business in question, and uppon return of the said Attachement, the said said Courte to doe therein, as according to the laws and orders of this Jurissdiction, and in that case allso, the party delinquent to beare his owne charges. It is allso ordered, That attachements to seize uppon any man's lands or estate bee onely graunted for, or against, such goods as are fforreigner's, and doe not dwell or inhabitt within this Jurissdiction: or, in case uppon credible information it appeare, that any inhabitant that is indebted, or ingaged, go about to convey away his estate to defraud his creditors, or to convey away his person out of this Jurissdiction, so as the process of this Jurissdiction may not bee served upon his person, in that or any other just cases, there may bee Attachement, or Attachements graunted uppon the limitations expressed; provided, that in all cases of Attachements, all or any of the creditors have libberty to declare uppon the said Attachement, if hee come in at the return of the said Attachement; provided allso, that if any Attachement, laid uppon any man's estate uppon a pretence of a great summ; and if it bee not proved to bee due, in some neare portion to the summ challenged, and mentioned in the Attachement, then the security given shall bee lyable to such dammages as are susteined thereby. It is further ordered and decreed by this Courte, That whosoever takes out an Attachement against any man's person, goods, chattles, lands or hereditaments, sufficient security and caution shall bee given by him to prosecute his action in the next courte, and to answer the defendant such costs as shall bee awarded to him by the Courte; and in all Attachements of goods, or lands, legall notice shall bee given unto the partye, or left in writing at his howse or place of usual abode, if hee live within this Jurissdiction; otherwise, his sute shall not proceed: And it is further ordered and declared, That every man shall have libberty to replevye his cattle or goods impounded, distreined, seized or extended (unless it bee uppon execution after judgement, and in payment of ffynes:) provided in like manner hee put in good securitye to prosecute his replevye, and to satisfie such dammages, demaunds, or dues as his adversary shall recover against him in lawe. BALLAST. It is ordered by this Courte and Authority thereof, That no ballast shall bee taken from any shoare in any Towne within this Jurisdiction by any person whatsoever, without allowance under the hands of those men that are to order the affaires in each Towne, uppon the penalty of six pence for every shovell full so taken; unless such stones as they had laid there before: It is allso ordered by the authority aforesaid, That no shipp nor other vessell shall cast out any Ballast in the channell or other place inconvenient, in any harbor within this Jurissdiction; uppon the penalty of Ten Pounds. BARRATRY. It is ordered, decreed, and by this Courte declared, That, if any man bee proved and adjudged a common Barrater vexing others with unjust, frequent, and needless sutes; it shall bee in the power of Courtes, both, to reject his cause, and to punnish him for Barratry.* BILLS. It is ordered by the authority of this Courte; That any Debt or Debts due uppon Bill or other speciallty, assigned to another, shall bee as good a debt, and estate, to the assignee, as it was to the assigner at the time of its assignation, and that it shall bee lawfull for the said assignee, to sue for and recover the said Debt due uppon Bill and so assigned, as fully as the originall Creditor might have done: provided the said assignment be made uppon the back *The Statute law of England punished the offense of common Barratry with extreme severity; for by VIII. of Elizabeth, c. 2, a penalty of six months' imprisonment was inflicted for it, and if the offender were an attorney, he was transported for seven years.-S. M. S |