Holly Springs gazette., 1843-09-08
LAMsOF MISSISSIPPI

PASSED AT THE cALLEDsESsIoN, JULY 1879
AN ACT to amend the existing acts reg
ulatng proceedings by attachment
SEcrIoN [ Be- a. enacted By he Legis
L4ture Of the State Of Mississippi, That the
fifteenth section of the foFts-thifd chapter ef
Howard & Hatehinsons Digest be, and the
same is hereby repealed, aud tnat hereafter
all attachments now provided orby the laws
If this State shall be repleviable at any
time before final jadgment rendered against
the defendant thereto, OF VIII OF HqaHy
exerutgd en- the appearance OF such deien.
danf. and his execution # a b5a1 with sulii-
cent security 10 be approved by the saeId
o~other officer executing said attachment
and payable TO the plannffin a sum double
the value of;he property attached, and con
ditioned 30 have said property forthcoming
to abide the order or decree Of the court, u
which said writ of attachment shall be Il
tornable. or IN default thereof 10 pay aad sat
Tsfv 10 an extent not exceeding the value OF
said prope.ty, such order or decree otsam
court. which. said bond together with said
writ Of attachment shlll be forthwith return
ed by the officers taking the same into the
clerks Office Of the coutt Aforesaid, with
naffirular endorsement theron of al these
sd . lzs<...<.i4 eaiatisarl- 70 - to
SEC b Il j1rttsr enacted, That in at
cases where the defendant shall have
executed teplevy bond under the first
section of this act the sheriff or other officer
takino the same shall restore 10 SAID defen-
dan, The propeaty attached
SEC 3. Be a. further enacted That II a
M nIaintlff. in atcichmentshal 5e dissattSh
ed Win the bond or security executed by
he defendant. under the first section ofthis
act. may. within sixty days afer the date
ofsgcb bond. by petition TO the Judge OF the
canftt, which said attachment shall BE- re-
tornable or 10 any Judge ofthe high Court
of Errors and Appeals ofthis State, ob
tain a citation, ordering snch sheriff or other
officer taking such bond, to appear at such
n!ace and at such time. no. exceeding ten
nor less than five DAYS, and show cause. II
any he can, why said bond or such security
shall not be adiudged insufficient, and tne
;odoe ordering such citation shall then and
there examine said bond and hear such tes
tinonv as may be offered by either party
and in case such Judge shall adIudge sncb
bond or the security thereon 10 be Insnih
,iaafthen such sheriff Of other officer shall
he and remain subject to the same Judgment
a. the snri,v IN such bond. and shall have
the same hberav 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 officers.
ssc 4. BE ittarthsr enacted, Tha; in all
cases of alta .hment. the defendant n attach
neni shall be entitled to appear by himself or
attorney to defend the same as 10 other SUITS
for lhe recovery ef money at any time be
fore final judgment. or writ Of inquiry exc
cuted. bus in no case shall such appearance
onerate 10 vaeate or otherwise effect the OBJ
legation Of any bond taken under this act.
.nor 10 discharge. any garnishee or garni.
shees. nor otherwise effect any lien created
be such attachment
sEc ). Be Il further saaeted. That pro-
visions of law now in force IL relation TO
claimanss TO property under writ Of fisft q.
ct4s shall be and the same are hereby extern
ded to claimants of property under wrils o.
attachments.
SEC 6. AID be itfurtaer enacted, That
ihis act shall be- aud remain IN force from
and after lbe passage thereof
Approved. July 20. A. l.. I843.
Remedy for I,adigcstian Boil half-a pint