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And may be grated by cir.
hindering or delaying them in the collection of their 1851.
debts. § 281. The attachments authorized by the last section, may be granted by the court in which the action is brought cuit
judge. or by the judge thereof or any circuit judge, or by the
presiding judge of the county court, where the petition verified by the oath of the plaintiff
, shows any of the grounds for an attachment enumerated in that section, and the nature and amount of the plaintiff's claim, and when the same will become due. § 282. The order of the court or judge granting the at.
Order to spec.
ify the amount tachment, shall specify the amount for which it is allowed, for which it is not exceeding a sum sufficient to satisfy the plaintiff's claim, and the probable costs of the action.
§ 283. The order of attachment as granted by the court or judge, shall not be issued by the clerk, until there has executed by the been executed in his office such bond on the part of the attachment_isplaintiff as is directed in section two hundred and fortyfive. $ 281. The provisions in the first article of this chapter Provisions in
first article after subsequent to section two hundred and forty-five, shall, so $ 245 to regulate
attachments far as they are applicable, regulate the attachments au
under article 2. thorized by this article.
Bond to he
2. Other specific attachments.
Against steamboals. § 285. In an action to enforce the liability, by statute, of a steamboat or other vessel, for the removal of a slave, mayinde stenen or to enforce a lien upon a steamboat for the wages of its boats. officers or crew, or for work, materials, provisions, stores, or supplies, or to enforce the liability of such boat for an injury to another boat or craft, or for a trespass of its officers or crew, if the petition shows a sufficient cause of action and the amount of the plaintiff's claim, and is verified by his oath, an attaclument may be granted against such boat or vessel and her engine and furniture by the court in which the action is brought, or by the judge thereof or any circuit judge, or by the presiding judge of the county court. Every order for such attachment must specify the sum for which it is granted, not exceeding the plaintiff's claim for principal and interest, as existing at the time of the order, with three years' interest thereon and the probable costs of the action.
give surety may
to he issued un. less bond is executeil or dis.
in last section.
Order of at. tachment a
steam boats to be exe. cuted like other attachments.
Sheriff may deliver steam. boat attacheil to the master upon his bond.
1851. § 286. Where the action mentioned in the last section is
for the wages of the officers or creu of a steamboat, or for sons may unite work done upon, or materials, provisions, stores, or supplies The able to furnished to such boat, and there are several plaintifs havporu red winnt ing distinct claims separately stated in the petition, an atto the extent or tachment may be granted in favor of each plaintiff for his
claim. And where, in any such case, the plaintiff, or any one of several plaintiffs, shall annex to the petition his affidavit that he is unable to give security, and the affidavit of some disinterested person that his claim is just, the court or judge granting the attachment for such claim, may direct that it shall issue for an amount not exceeding fifty dollars, without security on the part of such plaintiff.
$ 287. The order of attachment as granted by the court, No attachment shall not be issued by the clerk, except where security is
dispensed with as provided in the last section, until there
has been executed in his office such bond on the part of pensed with as
the plaintiff as is directed in section two hundred and forty-five.
$ 288. The order of attachment shall be issued, directed,
executed, and returned as an order of general attachment gainst
is directed to be returned.
9 289. The sheriff may deliver any steamboat or other vessel attached, to the master or person in charge of such boat or vessel when attached, upon the execution of a bond
to the plaintiff, in the presence of the sheriff, by such perexecuting son, with one or more sureties, sufficient for the sum for
which the attachment was granted, to the effect that the obligors will pay to the plaintiff such sums of money as may be adjudged to him in the action, or that the boat or vessel shall be forthcoming, and subject to the order of the court, for the satisfaction of such judgment as may be rendered therein--whichever shall be directed by the court.
$ 290. In any proceeding on the bond mentioned in the That hoat was last section, it shall be no desense that the boat or vessel not liable no de
was not subject to the attachment. tion on a hond. § 291. If the defendant, or any owner of the boat, shall, Defendanı inay at any time before judgment, cause a bond to be executed
to the plaintiff by one or more sureties, sufficient for the sum for which the attachment was granted, to be approved by the court, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged, and restitution made of the boat.
9 292. The bond mentioned in the last section may, in The bond may
vacation, be executed in the presence of the sheriff' having be given to the the order of attachment in his hands, or, after the return in vacation. of the order, before the clerk, with the same effect as if
executed in court. The sureties shall be such as are approved by the officer.
$293. Where the attachment is for a sum exceeding the value of the boat, which the sheriff may have appraised as
sense to an ac
at any time be fore judgment give bond for steamboat.
sheriff or clerk
Attachment may be granted
plaintiff claims a , or is
In action to cancel contract
tiff may have an
provided in section two hundred and fifty-seven, he may 1851. take the bond of the master, or person in charge of the boat when attached, mentioned in section two hundred and exceeds value of ninety-two, with sureties sufficient for the appraised value taken of the boat; and such bond, in that case, shall provide that the liability of the obligors shall not exceed such appraised value.
Other specific altachments. $ 294. In an action to enforce a mortgage of or lien upon personal property, or for the recovery, partition, or sale of such property, or by a plaintiff having a future estate or inter- to prevent re est therein, for the security of his rights, where it satisfac. erty, where the torily appears, by the petition verified on oath, or by affi- alien, davits or the proofs in the cause, that the plaintiff has a
a joint owner just claim, and that the property is about to be sold, concealed, or removed from the state, or where the plaintiff states on oath that he has reasonable cause to believe and does believe that, unless prevented by the court, the property will be sold, concealed, or removed from the state, an attachment may be granted against the property.
§ 295. In an action by a vendor of property fraudulently purchased, to vacate the contract and have a restoration for fraud, plainof the property or compensation therefor, where the peti- attachment. tion shows such fraudulent purchase of property and the amount of the plaintiff's claim, and is verified by his oath, an attachment against the property may be granted.
§ 296. The attachments in the cases mentioned in the last two sections, may be granted by the court in which may be granted
court the action is brought, or by the judge thereof or any cir- by any circuit or cuit judge, or the presiding judge of the county court, upon judze, upon prosuch terms and conditions as to security, on the part of the per ternis. plaintiff, for the damages which may be occasioned by them, and with such directions as to the disposition to be made of the attached property, as may be just and proper under the circumstances of each case.
$ 297. In every case, the plaintiff shall be required to In every such give security for the damages to the defendant, in an ade- to give security quate sum to be specified in the order granting the attach- for the damages ment; and, where it may be proper, the court or judge may direct that the defendant or person in possession of the attached property, shall be permitted to retain it, upon giving such bond with security, and for such sum as the court or judge may prescribe
$ 298. No order of attachment shall be issued by the clerk, until the bond on the part of the plaintiff required issue by the order of the court or judge, is executed in his office,
bond and good by one or more sufficient sureties of the plaintiff..
$ 299. The order of attachment shall describe the spe- The order shall cific property against which it is issued, and shall have in
No order of attachment to
describe the spe
as no are
Court may prescribe the condi.
county within 21 hours.
1851. dorsed upon it the direction of the court or judge, as to against which it the disposition to be made of the attached property. It
shall be directed, executed, and returned as other orders of attachment.
§ 300. The sheriff shall make such disposition of the Sheriff to dispose of property attached property as may be directed by the court or
judge, and, where there is no direction upon the subject,
to he shall safely keep the property subject to the order of keep it.
§ 301. The court may, in any of the cases mentioned in
sections two hundred and ninety-four and two hundred tions of hond hy and ninety-five, direct the terms and conditions of the bond
to be executed by the defendant with security in order to of attachment. obtain a discharge of the attachment.
General provisions. $ 302. Where, after an order of attachment against a
steamboat or other specific property has been placed in the hont to another hands of the sheriff, such boat or property is removed from
the county, the sheriff may pursue and attach it in another county, within twenty-four hours after such removal.
$ 303. Where it appears, by the return of the sheriff or Where prop by the affidavit of the plaintiff
, that any specific property against which an order of attachment is issued, has been concealed or removed by the defendant, the court may require him to attend and be examined on oath respecting such matter, and may enforce its orders in this respect as in cases of contempt.
§ 304. Performance of bonds to obtain discharge of op boude in a specific attachments, or for the forthcoming of steamboats
or other property specifically attached, may, in all cases, rily enforced by be summarily enforced by rules and proceedings as in
cases of contempt.
$ 305 The provisions of the first article of this chapter
not inconsistent with the foregoing sections of this article, this chapter may may be applied, so far as shall be proper, to regulate the certains condi. proceedings in cases of attachments against specific property
$ 306. The defendant may, at any time before judgDefendant may, ment, move to discharge an attachment. Reasonable no. before judginent tice of the motion shall be given to the plaintiff.
$ 307. The motion may be founded upon the papers and
evidence in the case, or sustained by affidavits; and, Motion may where it is so sustained, it may be opposed by affidavits in
on addition to that on which the order of attachment was afida viis taken. obtained; and, where the court is satisfied that the order
erty has been re. moved on C011 cen led, defendant may be re. quired to
dig. close the facts.
tachment cases may be summa
Provision of first article of
he founded the papers and
have an entry to
Attachment may be reiustat.
was obtained on false suggestions, or without sufficient 1851. cause, it may discharge the attachment.
$ 308. Where the plaintiff desires a reinstatement of the Plaintiff may attachment, he may have an entry made upon the record reinstate attaci of leave to apply therefor within a reasonable time not be time, notes: cxceeding twenty days. And in such case, the order of ceerling twenty discharge shall be made, to take etiect at the end of the period so limited, unless the attachment is reinstated in the meantime.
$ 309. A judge of the court of appeals, in any case in which the plaintiff ' las secured the right to apply therefore it within twen.
days by a in the manner provided in the last section, may, upon an judge or court of inspection of copies of the record and of the depositions and atlidavits read upon the motion to discharge, reinstate the attachment; and, if the order of reinstatement shall be filed in the clerk's office of the court in which the action is pending within the time limited as provided in the last section, the execution of the order of attachment shall proceed; otherwise, it shall stand discharged, and restitution shall be made of any property taken under it.
2. Dissolution and reinstatement of injunction.
effect not affect. ed by it.
When and how an injunction muy be obtained. 5 310. Injunctions to stay proceedings in actions or suits Injunctions commenced before this code takes effect, are not affected by elbis code bethes its provisions, but are to be granted, to proceed in all respects, and be determined as if it had not been adopted. $ 311. The injunction provided by this code, is a com
Writ or in
junction mand to refrain from a particular act. It may be the finalished. judgment in an action, or may be allowed as a provisional remedy; and where so allowed, it shall be by order. The writ of injunction is abolished.
§ 312 Where it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any junction may be part thereof. consists in restraining the commission or continuance of some act which would produce great or irreparable injury to the plaintiff, or where, during the litigation, it appears that the defendant is doing, or threatens or is about to do, or is procuring or suffering to be done, some act, in violation of the plaintiff's rights, respecting the subject of the action and tending to render the judgment ineflectual, a temporary injunction may be granted to restrain such act. It may also be granted in any case where it is specially authorized by statute.
Causes for which an in.