Louisville messenger. (Louisville, Miss.) 1842-1843, 1843-09-02

poheg Nliluoua lHVJOillyI luAifc thon
from tfcachery aud robbery, AID
rom that detcstablo system Of reDu
diafion which like the witlprine
blasts Of the sirocco Of The wilderness,
will, IL not checked, carry ruin and
destruction over The fair fields Of
American liberty.
Mr.. Yorgcr's other positions viii
be taken up and examined in my next
A FRIEND 10 TIE CONSTITUTION.
fWm the Mi,nssippian.
AN ACT 10 amend the existing acts
regulating proceedings by attach
ment.
SECTION l.. BE Il enacted dy he
Legislature Of The State Of MiSSiSSip.
pi, That the fifteenth section of tie
forty-third chapter of Howard and
HuIchinson's Digest be, and the same
is hereby repealed, aud that hereafter
all attachments now provided for by
the laws of this State shall be rople.
viable at any time before final Judg.
ment rendered against the defendant
thereto, or writ ofinquiry executed
on the appearace of such defendant,
and his execution of a bond with suf-
tcient security to be approved by the
sheriff or other officer executing said
attachment, and payable to the
plaintiff in sum double the value of
the property attac he'd, and condition
ed to have said property forthcoming
to abide the order or decree of the
court, to which said writ of attach
ment shall be returnable, or in de-
fault TO pay and satisfy to an extent
not exceeding the value of said pro.
perty, such order or decree of said
court; which, said bond, together
with said writ of attachment shall be
forthwith returned by the officer ia
king the same into the clerks office
OF the court Aforesaid, with partc-
ular endorsement the con of all the
acts OF said officer in relation thereto.
Sec. 2. BE it further enacted, That
in all cases where the defendant in
any attachment shall have executed
a replcvv bond under the first section
of this act the sheriff or other officer
taking the same Shall restore TO said
defendant the property attached.
Sec. 8 BE it further enacted, That
il any plaintiff, in attachment shall
be dissatisfied with the bond or secu-
rity executed by the defendant, under
the first section of this act, he may,
within sixty days after the date of
such bond, by petition to the Judge
Of the Court Of which said attachment
shall be rcturnable, or to any Judge
of the High Court of Errors and APP.
.peals of this State, obtain citation,
ordering such sheriff or other officer
taking such bond, TO appear at such
place and al such time, not exceeding
ten nor less than FIVE days, and show
cause il any he can, why said bond
or such security shall not be adjudg-
ed insufficient, and the Judge order
ing such citation shall then and there
examine said bond and hear such tes-
timony as may be offered by either
party, and in case such Judge shall
adjudge such bond or the security
thereon to be insufficient, then such
sheriff or other officer shall be and
remain subject to the same judgment
as the surity in such bond, and shall
have the same liberty obedience as
said principle or security may have
had, as to all matters not growing
out OF the acts Of said sheriff or other
officer.
Sec. 4. Be it further enacted, That
in all cases of attachments the delen-
dant in attachment shall be entitled
TO appear by himself or attorney to
defend the same as in other suits for
the recovery of money at any time
before final judgment, or writ OF en-.
quiry executed, but in no case shall
such appearance operate to vacate.
or otherwise affect the obligation OF
any bond taken under this act, nor
TO discharge any garnishee or garnl'
shoes, nor otherwise affect any lien
created by such attachment.
Sec. S. Be it further enacted, ThaI
the provisions of law now in forcelh
to claimants to property an,
der writ of fnie EncinS shall be and