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hindering or delaying them in the collection of their
debts.

1851.

And may be granted by cir.

judge.

§ 281. The attachments authorized by the last section, may be granted by the court in which the action is brought cuit or county 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.

Order to specify the amount

allowed.

§ 282. The order of the court or judge granting the attachment, 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 been executed in his office such bond on the part of the plaintiff as is directed in section two hundred and fortyfive.

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Bond to he

executed by the attachment is

plaintiff before

sues.

Provisions in first article after

§ 284. The provisions in the first article of this chapter subsequent to section two hundred and forty-five, shall, so $245 to regulate far as they are applicable, regulate the attachments authorized by this article.

ARTICLE III.

Attachments against specific property.

attachments under article 2.

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§ 285. In an action to enforce the liability, by statute, of a steamboat or other vessel, for the removal of a slave, or to enforce a lien upon a steamboat for the wages of its 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 attachment 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.

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1851.

Several

per

sons may unite

in

action.

Those unable to pered without

give surety may

to the extent of

$50.

No attachment

to be issued un

less bond is exe

cuted or dispensed with as in last section.

Order of at: gainst steam

tachment a

boats to be executed like other attachments.

§ 286. Where the action mentioned in the last section is for the wages of the officers or crew of a steamboat, or for work done upon, or materials, provisions, stores, or supplies furnished to such boat, and there are several plaintff's having distinct claims separately stated in the petition, an attachment 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, 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 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 is directed to be returned.

§ 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 boat attached to to the plaintiff, in the presence of the sheriff, by such per

Sheriff may

deliver steam

the master upon

his executing

bond.

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 boat was last section, it shall be no defense that the boat or vessel was not subject to the attachment.

not liable no de fense to an action on a bond.!

Defendant may at any time be fore judgment give bond for steamboat.

The bond may

§ 291. If the defendant, or any owner of the boat, shall, 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.

§ 292. The bond mentioned in the last section may, in 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 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.

sheriff or clerk in vacation.

§ 293. Where the attachment is for a sum exceeding the value of the boat, which the sheriff may have appraised as

provided in section two hundred and fifty-seven, he may take the bond of the master, or person in charge of the boat when attached, mentioned in section two hundred and ninety-two, with sureties sufficient for the appraised value of the boat; and such bond, in that case, shall provide that the liability of the obligors shall not exceed such appraised value.

SUBDIVISION II.

Other specific attachments.

§ 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 interest therein, for the security of his rights, where it satisfactorily appears, by the petition verified on oath, or by affidavits or the proofs in the cause, that the plaintiff has a 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 of the property or compensation therefor, where the petition 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 the action is brought, or by the judge thereof or any circuit judge, or the presiding judge of the county court, upon such terms and conditions as to security, on the part of the 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 give security for the damages to the defendant, in an adequate sum to be specified in the order granting the attachment; 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 by the order of the court or judge, is executed in his office, by one or more sufficient sureties of the plaintiff..

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The order shall describe the spe

§ 299. The order of attachment shall describe the specific property against which it is issued, and shall have in- cific

property

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.

is issued.

Sheriff to dis

§ 300. The sheriff shall make such disposition of the pose of property attached property as may be directed by the court or directed-if judge, and, where there is no direction upon the subject, are given, to he shall safely keep the property subject to the order of

as

no

directions

keep it.

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Sheriff may boat to another

pursue a steam

County within 21 hours.

erty has been removed or con. cealed, defendant may be required to disclose the facts.

the court.

§ 301. The court may, in any of the cases mentioned in sections two hundred and ninety-four and two hundred and ninety-five, direct the terms and conditions of the bond to be executed by the defendant with security in order to obtain a discharge of the attachment.

SUBDIVISION III.

General provisions.

§302. Where, after an order of attachment against a steamboat or other specific property has been placed in the 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.

· Performance of bonds in attachment cases may be summa

§ 304. Performance of bonds to obtain discharge of 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.

rules.

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§ 305 The provisions of the first article of this chapter not inconsistent with the foregoing sections of this article, may be applied, so far as shall be proper, to regulate the proceedings in cases of attachments against specific property.

ARTICLE IV.

Discharge and reinstatements of attachments.

§ 306. The defendant may, at any time before judgment, move to discharge an attachment. Reasonable notice 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, where it is so sustained, it may be opposed by affidavits in addition to that on which the order of attachment was obtained; and, where the court is satisfied that the order

was obtained on false suggestions, or without sufficient cause, it may discharge the attachment.

§ 308. Where the plaintiff desires a reinstatement of the attachment, he may have an entry made upon the record of leave to apply therefor within a reasonable time not exceeding twenty days. And in such case, the order of discharge shall be made, to take effect 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 has secured the right to apply therefor in the manner provided in the last section, may, upon an inspection of copies of the record and of the depositions and affidavits 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 restitu tion shall be made of any property taken under it.

CHAPTER 4.
Injunction.

ART. 1. When and how an injunction may be obtained. 2. Dissolution and reinstatement of injunction.

ARTICLE I.

When and how an injunction may be obtained.

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Injunctions obtained before

§ 310. Injunctions to stay proceedings in actions or suits commenced before this code takes effect, are not affected by the code takes its provisions, but are to be granted, to proceed in all respects, and be determined as if it had not been adopted.

effect not affected by it.

Writ of in junction abol·

§ 311. The injunction provided by this code, is a command to refrain from a particular act. It may be the final ished. 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.

Causes for which an in

issued.

§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 ineffectual, 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.

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