Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-02-08

, Whenever any creditor whose claim a.
mounts to ten dollars or 400 lbs. OF tobac'.
co. shall have good grounds 70 suspect that
his dsb,or will remove with-his effects out
of this commonwealth before his debt VIII
be PAYABLE, or when such debtor shall have
/ removed, leaving effects, such creditor
mays go before any magistrate OF the coun~
ty or corporation where his debtor restless
or in case OF removal from where he last
,resided. or where his effects may be found,
and make oath to the true amoant OF ms
debt. and the time it will be payable, and
that he has Just cause to suspect and verify
believes that such debtor will remove him.
self with his effects out of this common.
I.weallh befor the debt will be payable, or
| hath actually so removed, and also, that ne
jhad no knowledge when the debt was con,
itrac,ed Of the intention OF the debtor so to
! remove; whereupon such magistrate, TAX
| ING bond and security of the creditor as IN
| other cases of attachments, shallissue one
against the effects of the debtor, returna.
bic to the next court, which attachment
may be served on the goodsof The debtor,
Ior on any garnlshee. II the debtor shall
not on or before the return OF the attach
| ment, center bond and good security.
for the payment of the debt when it be-
comes due, the court on due proof OF the
| Justice thereof, and the debtors intention
| to remove, or,ot his being actually remov-
ed out of the commonwealth. shall grant
| iudpmen: as in other casesof attachments,
but execution shall be stayed against any
garnishee, who states that he is indebted,
or will be indebted at a future day TO the
defendant till the clam OF the plaintiff or
such garnishee's debt to the defendant
shall become due, and the goods condemn
ed shall be sold on credit till the plaintiffs
| claim shall be payable. The officer selling
| such goods shalltake bond and good secs-
rity from the purchaser, and assign the
same to the plaintiff to the amount OF his
debt, interest and costs; and where the a.
! mount Of sales exceeds such debt, &c.
shall take bond with security for the sur
| plus and assign it TO the defendant: Pro-
vided that no more Of the, goods shall be
sold than Sufficient TO pay the debt, inter-
est and costs, except where the property
cannot be divided IN such cases, the Off.
Ger shall have commissions only on the a.
mount of the plaintiffs demand, which
shall be included in the bond or bonds:
Provided also,s that such attachments shall
be repleviable as other attachments now
are. Where such debts shall be less than
10 dollars or 400 lbs. of tobacco, an at
tachment may lbe obtained as aforesaid,
returnable before any magistrate OF the
county or corporation, who may grant
such Judgment, direct such sale & STAY .ex.
ecuuon as.aforesaid.
Whenever the plaintiff in any attach.
ment shall alledge that any garnishee hath
not discovered the true amount Of the deb!s
due from Kim to the defendant, or whal
goods of The defendant are in his hands,
etrc cours shall direct jury tobe impannel-
led Immediately, without pleadings (unless
good cause for continuance be shewn by
either party) to enquire into the true a.
mount due from The garnlshee the de-
feudant, and what goods of she defend
ants are in his hands. If the verdict be a.
gainst the earnishee, the court shall give
Judgment as if he had confessed the. facts
found by the jury, and if the jury find in
his favour he shall recover his costs against
he plaintiff. When the goods taken by
virtue of any attachment shall be,claimed
by any person other than such debtor, the
cour, shall Immediately (unless good cause
shall be shewn by ether party for CONT
ouance) direct ajury 10 be imPannelled to
enquire into the rishs of properly; and
where the jury shall And for the claimant
he shall recover his costs, sarwhere ,he,ju.
~ fno for the plaintiff 10 the attachment,
such plaintiff shall! recover his costs. In all
cases Of attaehmep.s the defendants may
make defence, aud any other person claim
ing ghe property attached may interplead,
without giving bail, provided tina. the pro.
nertp offac h sd cha1l ,harah,, ha pa,,lauian