The Weekly register. (Ponola [sic] Panola, Miss.) 1843-1844, 1843-09-23
laws of Mississippi,


laws of mississippi,
PASSED AT THE CALLED SESSION, I843.
AN ACT TO amend the existing acts
regulating proceedings by attachment:
Section /. Belt enacted By the Legis-
latare Of the State of Mississippi
That the fifteenth section Of the forty
third chapter ofHoward and Hutchiu-
sons Digest, be, and the same is here
by repealed, and that hereafter all at
tachments now provided for by the laws
Of this State shall be repleviable at any
time before final judgment rendered a
gainst the defendant thereto, or a writ
OF inquiry executed on the appearance
of such defendant, and his execution Of
a bond with sufficient security to be ap=
proved by the sheriffor other officer ex-
ecuting said attachment, and payableto
the plaintiff in o sum double the value
of the property attached, and condition
ed to have said property forthcoming to
abide the order or decree Of court, TO
which said writ Of attachment shall be
returnablc, or in default thereof to pay
and satisfy to an extent not exceeding
the value Of said property, such order
or decree Of said court; which, said
bond together with said writ of attach
ment shall be forthwith returned by the
officers taking the same intosthe clerks
office ofthe court aforesaid, with par
ticular endorsement thereon of all these
acts Of said officer in relation thereto.
Sec. 2. Be it further enacted, That in
all cases where the defendant shall have
executed q replevy 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. 5. Be it further enacted, That if
any plaintiff in attachment, shall be dis
satisfied with the bond or security exc
cuted by the defendant, under the first
section Of this act, may, within sixty
days after the date Of such bond, by pc
lition to the Judge Of the court to which
said attachment shall be returnable, or
to any Judge Of the high Court Of Errors
and Appeals ofthis State, obtain cita-
ton, ordering such sheriff or other Off
Ger taking such bond, to appear at such
q place and at such time, not exceeding
ten nor less than five days, and show
cause, i!any he can, why said bond or
such security shall not be adjudged in
sufficient, and the judge ordering such
citation shall then and there examine
such bond AMI hear such testimony 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 sheriffor other officer shall
be and remain subject to the same judg-
ment as the surety in such bond, and
shall have the same liberty Of defence as
said principles or security may have
had, as TO all matters not growing out
of the acts of said sheriff or other Off
GERS.
Sec. T. Be il further enacted, That in
all cases of attachment, the defendant
in attachment shall be entitled to appear
by himselfor attorney. to defend the
same as in other suits for the recovery
Of money at any time before final judg
ment, or writ Of inquiry executed, but
in no ease shall such appearance operate
to vacate or otherwise effect the obliga-
ton of any bond taken under this act,
nor TO discharge any garnishee or gar
nishees, nor Otherwise effect any lien
created by such attachment.
Sec. 5. Be it further enacted, That
provisions Of law now in force in relat
ton 10 claimants TO property under a
writ of fieri facias shall be and the same
are hereby extended to claimants of
property under writs ofattachments.
Sec. 6 Aud be it further enaciod,---
That this act shall be and remain in full
force from and after the passage there
Of.
Apgrcvel, July &c, 1913