Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1845-01-08
H.EGEgL ALIVE ACTS.
An ACT ro AMEND THE ATTAcnMENr
LAWS OF THIS STATE. y

1.Bc it enacted, by the Honorable The
Senate and House of representatives,,
Row met and sitting in General Assembly,
and by the authority Of the same, That the
person or persons, IN whose hands, pos.
tsession, custody, power, or control, any
property of an absent debIor shall be
attached by service Of a writ of foreign
attachment, aud who shall not, on oath.
claim the,sam as creditor in possession,
shall surrender and give up tho same To
the Sheriff by whom the said writshall be
served, orishall ,euter into bond. with good
and sufficient surety, to the said Sheriff,
bis successors in Office or assigns, for the
use Of The suing creditor, nol TO waste or
eloign the said properly SO attached, aud
10 render schedule thereofon oath 10 the
. said Sheriff, and to make due return TO
The. said writ. according to law, and to
4 surrender the property thus attached,
.5when,h thereto required By law, or; by any
( order Of Court, made in pursuance oil the
oAttachment Laws; which bond may be
assigned. 40 she; ;pafutif'in attachment, TO
be saed fer by him or bis assigns; aud
! Judgment shall beTendered according 10 the
(, right of the case. 'eG
~ II, sThal ifthe plaintiff in attachment,
or any person or persons duly authorized
hy the said plaintiff, will make oath. thai
he, she, trrhey. have justcause 10 believe,
that any persons have il his, her OF their
possession, custody, power, or control,
-,tsd summoned as garnishee or garnishees,
sny property Of any absent debtor, and
that such persons is, or are, about to re-
move all or any part ofsuct, property from
and bevoud the Limits Of this State, orlo
waste or destroy The same, then the
Sheriff, or officer executing The process OF
attachment, such affidavit being annexed
TO the said porcess, with an order to that
effect, shall aud may cause the person, or
persons having such property of the ab-
sent debler in his, her, or their pos.
session, custody, power, or control 10 en-
ter into bond with good and sufficient Sc
curity, in double The amount sued for,
with CONDITION, that the obligor shall make
the reterns herein tefre required, and
Surrender and deliver the property of the
absent debtor according 10 law; which
bond may be assigned 10 The plaintiff in
attachment, to be sued for by him or his
assigns, and judgment shall be rendered
according TO The right oflhe case.
ILL.,. That in case any garnishee ehall
neglect or refuse 10 make the returns re-
quired of him by law, upon motion being
made in open Court, after at least TWO
days notice thereof, to be served, perso.
nally upon The said garnishee, or in case
ofhia, ier or their absence, TO be posted Oh
The Court House door, judgment shall be
catered up against The said garnishee,
according to- the provisions ofthe Attach
n,ent Laws and The estate Of The said gar
nishee shall lherenpon be liablcio eSecu
ton on the saidjudgment against him.
Nv. That the third section Of the Act,
commonly called The Attachment Act,
ratified on The iwenty-nin,h day Of May,
in the year of our Lord one thousand seven
hundred and forty-four, be so amended, as
that the moneys, goods, chattels, debts,
and books of account, therein mentioned,
shall be paid aud delivered into The hands
81 the plaintiff, when he shall have enter
ed 6nal judgment in the action, aud that
the bond required by the said section shall
be modified accordingly.
v. Upon:tle Return madeto the Writ
of Attachment, either by The Sheriff or
Garnishee, Hue Court Of Common Pleas,
or any Law Judge al Chambers, may
appoint one or moro ..assignees, with full
power and authority to receive and take
from The Sheriff or Garnishee, all the mon.
eys, goods, challels, debts aud books OF
account, and 10 take possession of any
lands. leasehold estates, hereditamenls, or
cha1tels real o(the absent debtor, which
NAV have been attached, and 10 have and
receive the rents, issues and profits of the
seiu lands, hsreditaments and chauels real;
aud immediately upon such appointment.
all and sinsular,th said moneys, goods,
chattels, debts, books of account, ,leasehoid
estates, heredi!aments and chalteis real,
shailbe delivered 10 or put into tire pos
session of the said assignee or assisnees.
SOL far as tire same maybe practicable with
due respect 10 the lights of third persons:
Provided however, that before any such
assignee or ass ignees shall have authority
tpact in. any of The premises, he or they
shall l-en,er into ,recognizance before The
Clerk of The Court, with sufficient securi-
ty, 20 be approved by said Clerk. in such
sum as shall besGxed by the Court or
Judge aforesaid, with condition to receive,
hold, pay over and deliver the said mon-
.eys, goods. chatlels, debts, books Of ac-
count, lands, leasehold estates, i,efedita-:
.ments, chaitels real, tents, issues, profits
land all other moneys which he or they
may receixe, as assisnees, as aforesaid7in
such manner as may be ordered by the
Court. /.
VI. The said assignee or assiguees shall
have full power and authority 10 sue for,
recover and receive inthe name of the ab-
sent debtor, all moneys due or to become
tlae upon any bond, notes or books Of
account, leases or other instrument of 'Wri-