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execute ou be. fore personal

heu under at. tachment.

.

an execution.

removed to another county, sheriff may pur

er with

hours.

1851. § 253. The sheriff shall not, in executing an order of atPlaintiff mist tachment upon personal property held by the defendant

jointly or in common with another person, take possession property is ta: of such property, until there has been executed a bond to

such other person, by one or more sufficient sureties of the plaintiff, to the effect that he shall pay to such person the damages he may sustain by the wrongful suing out of the order, not exceeding double the amount of the plaintiff's claim.

§ 254. An order of attachment binds the defendant's Order of cat property in the county which might be seized under an exeates a lien like cution against him, from the time of the delivery of the

order to the sheriil, in the same manner as an execution would bind it; and the lien of the plaintiff is completed upon any property or demand of the defendant, by executing the order upon it in the manner directed in this article.

§ 255. If, after an order of attachment has been placed If property is

in the hands of the sheriff, any property of the defendant

is removed from the county, the sheriff may pursue and sue it to anoth: attach the same in another county, within twenty-four In twenty four hours after the removal.

§ 256. The sheriff' may deliver any attached property to Sheriff may die the person in whose possession it was found, upon the exeperson in whose cution, in the presence of the sheriff, of a bond to the como as eponere plaintiff, by such person, with one or more sufficient surecution of a bond. ties, to the effect that the obligors are bound, in double the

value of the property, that the defendant shall perform the judgment of the court in the action, or that the property or its value shall be forthcoming, and subject to the order of the court for the satisfaction of such judgment.

§ 257. For the purpose of taking this bond, the sheriil Property thus shall cause the property to be appraised by three disinterfirst appraised. ested housekeepers to be selected and sworn by him to

make a fair appraisement, who shall indorse their appraisement on the order of attachment.

§ 258. In any proceeding on this bond, it shall not be a That property defense that the property was not subject to the attach

ment.

§ 259. The sheriff shall return upon every order of atManner of re- tachment, what he has done under it. The return must by Sherilt on ato show the property attached, the time it was attached, and

the disposition made of it. Where garnishees are summoned, their names and the time each was summoned must be stated. And, where real property is attached, the sheriff shall describe it with sufficient certainty to identify it, and, where he can do so, by a reference to the deed or title under which the defendant holds it. He shall return, with the order, all bonds taken under it.

found.

to be

was not subject, no delense to a bond.

to be made

tachment.

Sheriff to be

sary

expenses

tached property.

SUBDIVISION IV.

1851. Disposition of attached property. $ 260. The court shall make proper orders for the pres

Disposition to ervation and use of the property during the pendency of be made of at

tached properiy. the action, and for paying into court or securing the debts and funds attached. It may direct a sale of the property, other than slaves, where, by reason of its perishable na. ture, or of the cost of keeping it, a sale would be for the benefit of the parties. In vacation, such sale may be ordered by the judge of the court, or, of any such property other than a steamboat, by the presiding judge of the county court. The sale shall be public, after advertisement, and made in such manner and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct. The proceeds, if collected by the sheriff, together with all the moneys received by him from garnishees, shall be held and paid over by him under the same requirement and responsibilities of himself and his suureties, as are provided in respect to money deposited in lieu of bail.

§ 261. The sheriff' shall be allowed by the court the necessary expenses of keeping the attached property, to be paid by the plaintiff, and taxed in the costs. In the for keeping at case of a steamboat attached, he may be allowed, for his own superintendence thereof, not exceeding one dollar per day, and such sums as he may actually expend for the safe-keeping of the boat, not to exceed, for the pay of persons employed, the usual wages of a mate and a deck hand, unless more than two persons have been employed by the order of the court or the judge thereof.

$ 262. The defendant or claimant of any attached property, may be required by the court to attend before it, and tached property give information, on oath, respecting the property.

SUBDIVISION V.

Proceedings upon aliuchments. . § 263. If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff by one or give bond & sumore sufficient sureties to be approved by the court, to the met andet have effect that the defendant shall perform the judgment of the charged. court, the attachment shall be discharged, and restitution made of any property taken under it, or the proceeds thereof.

6 264. The bond mentioned in the last section, may, in vacation, be executed in the presence of the sheriff hav- in or clerk ing the order of attachment in his hands, or, after the return of the order, before the clerk, with the same effect upon the attachment as if executed in court; the sureties, in either case, to be approved by the officer. ·

$ 265. A garnishee may pay the money owing to the defendant by him, to the sheriff having in his hands the

Defendant or

com pelled to give information cor.cerning attached proper ty.

Defentiant may before judgment

attachment dis.

Such bond may be given to ster

in vacation.

Garnisiee may pay money to ed of .

full disclosure.

mo

hands or deliv

other person.

1851. order of attachment, or into the court. He shall be dissheriff or court charged from liability to the defendant, for any money so and scosecharge paid, not exceeding the plaintiff's claim. He shall not be

subjected to costs beyond those caused by his resistance of the claim against him; and if he discloses the property of the defendant in his hands, or the true amount owing by him, and delivers or pays the same according to the order of the court, he shall be allowed his costs.

§ 266. Each garnishee summoned shall appear. The Garnishee sum appearance may be in person, or by the affidavit of the moned shall appear and make a garnishee filed in court, disclosing truly the amount owing

by him to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee; and in the case of a corporation, any shares of stock therein held, by or for the benefit of the defendant, at or after the service of the order of attachment.

$ 267. Where a garnishee, or officer of a corporation Garnishee may summoned as a garnishee, appears in person, he may be be examined inde examined on oath ; and, if it is discovered on such examine; left in his nation that, at or after the service of the order of attachered to some ment upon him, he or the corporation was possessed of

any property of the defendant, or was indebted to him, the court may order the delivery of such property, and the payment or security for the payment of the amount owing by the garniskee, into the court, or to such person as it may direct, who shall give bond, with security, for the same; or the court may permit the garnishee to retain the property or the amount owing, upon the execution of a bond with one or more sufficient sureties, to the effect that the amount shall be paid, or the property shall be forthcoming, as the court may direct. Performance of these bonds may be summarily enforced by orders and proceedings as in cases of contempt.

§ 268. The court may, on the motion of the plaintiff, Garnishee mey compel the appearance in person, and examination of any not be ed against for garnishee, or officer of a corporation summoned as a garcontempt in fail. nishee, by process as in cases of contempt; or, where a

garnishee makes default by not appearing, it may hear proof of any debt or property owing or held by him to or for the defendant, and make such order in relation thereto, as if what is so proved had appeared on the examination of the garnishee.

§ 269. Upon the service of a summons upon any garni. After garni shee, or after his failure to make a disclosure satisfactory to ed, plaintiff may

the plaintiff, the latter may proceed in an action against as in him, by filing a petition verified as in other cases, and other cases.

causing a summons to be issued upon it; and, thereupon, such proceedings may be had as in other actions, and judgment be rendered in favor of the plaintiff to subject the property of the defendant in the hands of the garni

ing to appear.

shee is sutamon

sue him

fendant,

charged.

rendered

for

be subjected to

not to be sold

of summons or appearance, un. less personal

shee, or for what shall appear to be owing to the defend- 1851. ant by the garnishee. The judgment may be enforced by execution, or other proper means.

$ 270. If judgment is rendered in the action for the de- rendere il lor de fendant, the attachment shall be discharged, and the prop- ment to be diserty attached, or its proceeds, shall be returned to him. § 271. If judgment is rendered for the plaintiff, the court

Il judgment is shall apply in satisfaction thereof

1. The moneys arising from the sales of perishable and property to property

its payment. 2. The proceeds of the debts and funds attached in the hands of the garnishee.

If these are not sufficient to satisfy the plaintiff's claim, the court shall order a sale, by the sheriff, of any other attached property which may be under its control, in the following order:

1. Personal property, other than slaves.
2. Slaves.

3. Real property, or so much thereof as may be
necessary to satisfy the plaintiff's claim.
s 272. No order for the sale of real property attached in

Real property virtue of the provisions of this article, shall be made in without service any action in which the defendant has not appeared or been actually summoned, until there has been filed an affi.

property is in davit of the plaintiff, or of his agent or attorney, to the ef- suficieát. fect that the defendant has no personal property, or not enough to satisfy the claim of the plaintiff, in this state, known to the affiant. 273. Any surplus of the attached property, or its pro- returned to de

to ceeds, shall be returned to the defendant. $ 274. The sales shall be public, upon such notice, and

Terms and at such time and place as the court may direct. When ing attached credits are given, bonds, with security, shall be required; and the credit shall not be longer than three months for personal property, and not less than three nor more than twelve months for real property, or on instalments equivalent to not more than twelve months' credit on the whole ; and, upon real property, a lien shall be retained. The sales shall be subject to the confimation of the court.

275. The court may compel the delivery to the sheriff, force the delive: for sale, of any of the attached property for which a bond ry of attached may have been given, and may proceed summarily on such contempi. bond to enforce the delivery of the property, or the payment of such sums as may be due upon the bond, by rules and attachments as in cases of contempt.

$ 276. The court may, from time to time, make and enforce proper orders respecting the property, sales, and the home time to confirmation thereof, and the application and payment of ed property. the moneys collected.

$ 277. It may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property

sendant.

manner of sell.

property.

property, as for

Court to mako proper orders,

time, of attach.

May order sherift to repu&sess himself of

erty.

Any person

1 he

commissioner.

1851. which may have passed out of his hands without having

been sold or converted into money; and the sheriff shall, attached prop under such order, have the same power to take the proper

ty as upon an order of attachment.

§ 278. Any person may, before the sale of any attached may prefer this property, or before the payment to the plaintiff of the proclaim to the at: ceeds thereof, or of any attached debt, present his petition, or its proceeds, verified by oath, to the court, disputing the validity of the claim adjudicat attachment, or stating a claim to the property or to an ined. Where there terest in or lien on it under any other attachment, or otherTachments, wise, and setting forth the facts upon which such claim is court may refer founded, and his claim shall be investigated. A non-resi. priority and a dent petitioner shall, in all such cases, give security for

costs. The court may hear the proof, or may order a reference to a commissioner, or may impannel a jury to inquire into the facts. If it is found that the petitioner has title to, a lien on, or any interest in such property, the court shall make such order as may be necessary to protect his rights. The costs of this proceeding shall be paid by either party, at the discretion of the court.

Where several attachments are executed on the same property, the court, on the motion of any one of the attaching plaintiffs, may order a reference to a commissioner, to ascertain and report the amounts and priorities of the several attachments.

$ 279. The defendant may, at any time before judgment,

after reasonable notice to the plaintiff, move the court for rule plaintiff to additional security on the part of the plaintiff; and if, on

his such motion, the court is satisfied that the surety in the

plaintiff's bond has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.

ARTICLE II.

Attachments in certain actions. $ 280. In an action brought by a creditor against his Plaintiff my debtor, the plaintiff may, before his claim is due, have an

attachment against the property of the debtor, where

1. He has sold, conveyed, or otherwise disposed of his property, or suffered or permitted it to be sold, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts; or

2. Is about to make such fraudulent sale, conveyance, or disposition of his property, with such intent;

3. Is about to remove his property, or a material part thereof, out of this state, with the intent, or to the effect, of cheating or defrauding his creditors, or of

Defendant may

eurety in

bond.

have attach: ment before the debt is due under certain cir. cumstalices.

or

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