cents, which is now due, and that he has good reason to believe and does believe that (name of debtor). (here state some one or more of the causes which authorize an attachmen) the said (name of debtor) here state the residence of the debtor if known, or if not, that the affiant has made diligent inquiry and cannot ascertain his place of residence).

[Moore v. Mauck, 79 Ill. 392; Clark v. Roberts, Breese, 285; Miere v. Brush, 3 Scam. 21; Morris v. Trustees, 15 Ill. 266; Booth v. Reis, 26 Ill. 45; Outlaw v. Davis, 27 Ili. 467; Steamboat Delta v. Walker, 24 Ill. 235; Moore v. Hamilton, 2 Gilm. 431.

44. Condition of bond. § 3. The condition of the bond shall be substantially as follows:

The condition of the above obligation is such that, whereas the above bounden hath, on the day of the date hereof, prayed an attachment at the suit of against the personal estate of the above-named for the sum of day of shall prosecute his suit with effect, or in case of failure therein, shall well and truly pay and satisfy the said all such costs in such suit, and such damages as the said may sustain, by reason of wrongfully suing out the said attachment, then the above obligation to be void; else to remain in full force and virtue. Witness our hands and seals this

and the same being about to be sued out, returnable on the before (said justice). Now, if the said

[R. S. 1845, p. 59, § 4.

day of

18

45. Form of writ. § 4. The writ of attachment shall be substantially in the following form

The People of the State of Illinois, to any constable of said county - GREETING: Whereas A. B., (or agent or attorney of A. B., as the case may be), hath complained that E. F. is justly indebted to the said A. B. in the amount of dollars; and that the said E. F. (here state the cause as in the affidavit), and the said A. B., having given bond and security according to law: We, therefore, command you that you attach so much of the personal estate of the said E. F. to be found in your county as shall be .of value sufficient to satisfy the said debt and costs; and such personal estate so attached, in your hands to secure, or so to provide that the same may be liable to further proceedings thereon, according to law, before the undersigned justice of the peace. And that you summon the said E. F. to appear before me, at my office, on the day of next, and that you also summon, as garnishees, all persons whom the plaintiff or his agent shall direct to appear before me at the same time and place, then and there to answer what may be objected against him or them, when and where you shall make known how you have executed this writ; and have you then and there this writ.

Given under my hand and seal this

[R. S. 1845, p. 58, § 2.

day of

18

C. D., Justice of the Peace. [SEAL.]

46. Writ returnable. § 5. The writ of attachment shall be made returnable not less than five nor more than thirty days from the date thereof. [R. S. 1845, p. 59, § I.

47. Service of writ- return. 6. The constable to whom any attachment may be delivered shall, without delay, execute the same, by levying on the personal estate, goods, chattels, moneys, choses in action, credits and effects of the defendant, of value sufficient to satisfy the debt or damages claimed to be due, and all costs attending the collection of the same. He shall also read the same to the defendant, if he can be found in the county, and also to such persons as the plaintiff or his agents shall direct to be summoned as garnishees, and make return thereof, stating how he has executed the same.

[R. S. 1845, P. 59, § 5; Borders v. Murphy, 78 Ill. 81.

48. Pursuit. § 7. If the defendant, or any other person for him, shall be in the act of removing such personal property, the officer [*160] may pursue and take the same, in any county in this State, and convey the same to the county from which such attachment issued. [R. S. 1845, p. 59, $ 5.

49. Trial. 8. Upon the return of any attachment issued by a justice of the peace, if it shall appear that the defendant has been personally served with the same, or if such defendant shall appear without such service, the justice shall proceed to hear and determine the cause, as in cases of proceeding by summons.

[R. S. 1845, p. 60, §7; Thomas v. Hinsdale, 78 Ill. 259.

-

50, Continuance — notice. 9 But if it does not appear that the defendant has been served, and no appearance be entered by the defendant, the justice shall continue the case not less than fifteen days, and shall immediately prepare a notice, to be posted up at three public places in the neighborhood of the justice, directed to the defendant, and stating the fact that an attachment had been issued, and at whose instance, the amount claimed to be due, and the time and place of trial; and also stating, that unless the said defendant shall appear at the time and place fixed for trial, judgment will be entered by default, and the property attached ordered to be sold to satisfy the same-which notice shall be delivered to the constable, who shall post three copies of the same at three public places in the neighborhood of the justice, at least ten days before the day set for trial. And if the place of residence of the defendant is stated in the affidavit for the attachment, shall, at the same time, mail one copy of the notice addressed to such defendant, at such place of residence; and on or before that day he shall return the notice delivered to him by the justice, with an indorsement thereon, stating the time when and the places where he posted and mailed copies as herein required. [R. S. 1845, p. 60, § 7.

51. Continuance for notice. 1o. If notice shall not be given according to law, or for any other good cause, the justice may continue the case from time to time till proper notice shall have been given or the case is ready for trial.

52. Trial after notice. II. When notice shall be given of any proceeding by attachment, as required by the ninth section of this act, the justice shall, on the day set for trial of the cause, proceed to hear and determine the same, as though process had been personally served upon the defendant, and if judgment be given against the defendant, shall order a sale of the property attached, or so much thereof as will satisfy the judgment and all costs of the suit.

[R. S. 1845. p. 60, 8; Wasson v. Cone, 86 Ill. 46.

53. Garnishment. § 12. When an attachment shall be returned served upon any person as garnishee, the justice shall make an entry upon the record of his proceedings in the cause, stating the name of each person summoned, and continue the case as to such garnishee, and shall proceed with the cause as against the defendant in the attachment, as though the attachment had been levied on personal property. [R. S. 1845, p 60, 10.

54. Garnishee summoned to disclose property, etc. 13. When judgment is entered by a justice of the peace against a defendant in attachment, and any person has been summoned as garnishee in the case, it shall be the duty of the justice to issue a summons against the person so summoned, requiring him to appear before the justice, at a time and place to be fixed in the summons, not less than five nor more than fifteen days from the date thereof, then and there to answer upon oath what amount he is indebted to the defendant in the attachment, or what property, choses in action or effects belonging to the defendant, or in which he has any interest, or he had in his possession or power at the time of serving the attachment. [R. S. 1845, p. 60, § 11.

55. Proceedings against garnishee. § 14. The further proceedings against garnishees shall be had in pursuance to the act on garnishments. [See ch. 62.

56. Other provisions applicable — pleadings. 15. The provisions of law governing attachments in courts of record [*161] shall apply to attachments before justices of the peace, so far as the same was applicable and not inconsistent with the provisions which are especially applicable to the latter; Provided, this section shall not be construed to require of either party to file written pleadings in any attachment before a justice of the peace.

[Moore v. Mauck, 79 Ill. 393.

57. Exceptions to bond. 16. Exceptions to the bond taken by the constable shall be taken at or before the first hearing of the case after the same shall have been returned to the justice, but the hearing of such exceptions may be adjourned for the purpose of giving notice to the constable, or for other good cause.

58. Appeals. § 17. Appeals may be taken in cases of attachment before justices of the peace, in the same manner as in cases by summons before justices of the peace. [R. S. 1845, p. 62, 20.

[§ 18, repeal, omitted. See " Statutes," ch. 131, § 5.

AN ACT to revise the law in relation to attachments of boats, vessels and rafts. [Approved March 25, 1874. In force July 1, 1874.]

1. For what lien given. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every sail vessel, steamboat, steam dredge, tug boat, scow, canal boat, barge, lighter, and other water-craft of above five tons burthen, used or intended to be used in navigating the waters of canals of this State, or used in trade and commerce between ports and places within this State, or having their home port in this State, shall be subject to a lien thereon, which lien shall extend to the tackle, apparel and furniture of such craft, as follows:

First-For all debts contracted by the owner or part owner, master, clerk, steward, agent or ship's husband of such craft, on account of supplies and provisions furnished for the use of such water-craft, on account of work done or services rendered on board of such craft by any seaman, master or other employee thereof, or on account of work done or materials furnished by mechanics, tradesmen or others, in or about the building, repairing, fitting, furnishing or equipping such craft.

Second-For all sums due for wharfage, anchorage or dock hire, including the use of dry docks.

Third-For sums due for towage, labor at pumping out or raising,

when sunk or disabled, and to ship's husband or agent of such watercraft, for disbursements due by the owner on account of such watercraft.

Fourth-For all damages arising from the non-performance of any contract of affreightment, or of any contract touching the transportation of property entered into by the master, owner, agent or consignee of such water-craft, where any such contract is made in this State. Fifth-For all damages arising from injuries done to persons or property by such water-craft, whether the same are aboard said ves[*163] sel or not, where the same shall have occurred through the negligence or misconduct of the owner, agent, master or employee thereon; but said craft shall not be liable for any injury or damage received by one of the crew from another member of the crew.

[R. S. 1845, P. 71. §1; L. 1857, p. 52, § 1; p. 105, § 1; 46 Ill. 504; 47 Ill. 335; 62 Ill. 221; 52 ill. 373; 57 II. 168: 39 N. Y 19; 56 N. Y. 1; 59 N. Y. 554: 44 N. Y. 417; 43 N. Y. 55; 43 N. Y. 555; 71 N. Y. 418; 4 Wall 555; 7 Wall. 624; 11 Wall. 185.

2. Lien on goods for freight. § 2. There shall also be a lien upon the goods, wares and merchandise shipped, taken in and put aboard any such water-craft for sums due for freight, advanced charges and demurrage, which shall be collected against said goods, wares and merchandise in the same manner as hereinafter provided in this act in cases of sums due against said water-craft.

3. Limitation. § 3. Any such lien may be enforced in the manner herein provided at any time within five years; Provided, no creditor shall be allowed to enforce such lien as against, or to the prejudice of any other creditor or subsequent incumbrancer, or bona fide purchaser, unless proceedings be instituted to enforce such lien within nine months after the indebtedness accrues or becomes due. [R. S. 1845, p. 72, § 6; L. 1855, p. 149, § 1.

4. Petition. 4. The person claiming to have a lien under the. provisions of this act may file with the clerk of any court of record of competent jurisdiction, in the county where any such water-craft may be found, a petition, setting forth the nature of his claim, the amount due after allowing all payments and just offsets, the name of the water-craft, and the name and residence of each owner known to the petitioner; and when any owner or his place of residence is not known to the petitioner, he shall so state, and that he has made inquiry and is unable to ascertain the same; which petition shall be verified by affidavit of the petitioner or his agent or attorney. If the claim is upon an account or instrument in writing, a copy of the same shall be attached to the petition. [R. S. 1845, p. 71, § 2; L. 1857, p. 105, § 3.

5. Bond. 5. The petitioner, or his agent or attorney, shall also file with such petition a bond, payable to the owner of the craft to be attached, or, if unknown, to the unknown owners thereof, in at least double the amount of the claim, with security to be approved by the clerk, conditioned that the petitioner shall prosecute his suit with effect, or, in case of failure therein, will pay all costs and damages which the owner or other person interested in such water-craft may sustain, in consequence of the wrongful suing out of such attachment, which bond may be sued by any owner or person interested, in the same manner as if it