Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1824-03-24
AN Act to prevent fraud i

the attachment of real or personal estate
SEC. !. BE at enacted by The Senate and
House Of Representatives., an General Court
assembled, and BY the authority of the same.
That in all cases where the same estate,
whether real or personal, has been attached
on mesne process in two or more suits, taat
the plaintiff or plaintiffs in any suit, after that
IN which the first attachment shall have been
made, may petition the Court whereto the
writ shall be returnable. on which such first
attachment shall have been made, at the re-
turn term OF such Court, or at the next term
thereof, if such suit shall still be therein pen
ding, and not afterwards, for leave to defend
against such first suit, in like manner as the
party therein sued could or might have done.
. SEC. 2. Be at further enacted, That the par
ty so pettioning to defend such prevlons sAit.
shall set forth in his petition such matter as
he may see fit, to entltle himself to defend in
such previous suit, and shall make oath that
all facts by him stated in his petition are
true, or are by him believed to be so, and it
shall be in the discretion of the Court TO grant
the prayer of such petition or not, as to the
Court may seem just and proper.
SEC. 8. Be atturther enacted, That. if the
Court shall permit such petitioner to defend
| as prayed for, the petitioner shall give bond,
| or enter into recognizauce, in such manner
as the Court shall order, to pay to the plain
| tiff;n such previous action, all such costs and
damages as the Court shall adudge and de-
cree to have been occasioned to the plaintiff
| by such defence; and in case a rccognizance
shall have been entered into, and the peti-
TONER shall fail in the defence of such action,
the Court shall award execution on such re-
cognizance in favor of the plaintiff therein,
and against the petitioner, and shall proceed
to render judgment 10 the original suit be-
tween the parties thereto, as though such de-
| fence had not been made.
SEC. 4. BE 1tfurther enacted, That if the
petitioner shall prevail in defending against
such previous action, either by a verdict of a
jury, or by the confession of the plaintiff, or
by the plaintiff nesIec!ing to prosecute his
SAID action, the Court shall render judgment
thereon, and shall awardsexecution to the pc
tltioner for his reasonable costs; and such
Judgment shall be rendered for costs, if any.
to the party sued in such action, as the Court
may direct.
Sec 5. Be 1t further enacted, That whenev-
er any such petitioner shall be admitted TO
defend as aforesaid, and shall have given
"N' W @""Li nave eHteieu INTO TeCoSniZanCe,
as herein before provided for, it shall be en-
tered on the record Of the Court that such pc
tltioner is so admitted to defend, and in case
OF appeal or process in error, such admission
to deiend'shall appear OF record.
Approved by the Governor, Feb. 81. 1924
AN Act altering the times Of
holding the Courts of Common Pleas, in
the Counties of Nantucket and Dukes
County.
SEC. /. Be ii enacted By the Senate
and House Of Representatives., in General
Court assembled, and by the authority of the
same, That from and after the passing Of this
act, the Court Of Common Pleas now holden
at Nantucket, within and for the County OF
Nantucket, en- the second Monday Of May,