The Yazoo City Whig and political register. (Yazoo City, Miss.) 1842-1844, 1843-09-29
AN ACT.
To AMEND THE EXISTING AcTs REGULATING
PROCEEDINGS By ATTACHMENT.

AMEND THE EXISTING ACTS REGULATING
PROCEEDINGS By ATTACHMENT.
Section /. Be It enacted BIZ The Lcgisla-
tWrc of the State of Mississippi, That the
fifteenth section of the forty-third chapter
of Howard & Huichinson's Digest be, and
the same is hereby repealed, and that here
after all attachments now provided for by
laws of this State shall be repleviable at
any time before final judgment rendered
against the defendan: thereto, or a writ of
inquiry executed on the appearance Of such
defendant, and his execution of bond with
sufficient security to be approved by the
sheriff or other officer executing said attach
ment, and payable TO the plaintiff in sum
double the value OF the property attached,
and conditioned TO have said property forth
coming TO abide the order or decree of the
lcourt, 10 which said writ of attachment shall
be retuTnable, or in default thereof, to pay
and satisfy 10 an extent not exceeding the
value of said property, such order or decree
of said court; which said bond, together with
said writ of attachment shall be forthwith
returned by the officer taking the same into
the clerks Office of the court aforesaid, with
a particular endorsement thereon of all the
acts of said officer in relation thereto.
/
all cases where the defendant in any attach
ment shall have executed repleVy bond un-
der the first section of this act, the sheriff
or other officer taking the same shall restore
to said defendant the property attached.
SECT. g. Be at further enacted, That if
any plaintiff, in attachment, shall be dissats-
fed with the bond or security 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 to which said attachment shall be
retunable. or to any Judge of the High
Court Of Errors and Appeals of this State,
obtain a citation, ordering such sheriff or
other officer taking such bond, TO appear at
such place and at such time, not exceeding
item nor less than Ave days, and sheW cause,
if any they can, why said bond or such secu-
lrily shall not be adiudged sufficient, and tao
Judge ordering such citation shall then and
There examine said bond and hear such tes-
Itimony as may be offered BIZ 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
lsurity in such bond aud shall have the samo
liberty of defence as said principal or secu-
rity may have had as TO all matters not grow
ing out Of the acts of said sheriff or other
Iofficer.
SECT. T. Be It further enacted, That in
all cases of attachments the defendant 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 6nal judgment, or writ Of enqui-
ry executed, but in no case shall such ap-
; pearance operate to vacats or otherwise
effect the obligation Of any bond taken IN
! der this act, nor TO discharge garnishee or
f garnishees, nor otherwise affect any lien
3 Icreated BY such attachment.
!; SECT. S. Belt further enacted, That The
4 provisions of law now in force in relation tc
. claimants TO property under a writ of fer
faeiGs shall be and the same are hereby ex
y tended TO claimants to property under writ
n of attachments.
SECT. 6. And be It further enacted, Tha
this act shall be and remain in force from
- :, and after the passage thereof.
"a Approved, July 26, ls43.