, 1854-07-01

uWaTuCu Ol any properly l-htn ullN'I OF
but an appearance TO the action shall not
operate TO discharge the attachment unless
bond be filed as required in Sec lis II
the defendant appear and judgment be rem
dered in favor of the plaintiff, and any part
| thereof remain unsatislicd, after CXhausing
the property attached, such Judgment shall
be deemed a Judgment against the defend
ant personally and shall have the same cf
feet as other judgments, and execution shall
issue thereon accordingly, for the collection
Of such residue. If the plaintiffs bond be
insufficient, he shall have q reasonable time
to file an additional one.
Sec. l65. If the judgment in the action
is rendered for the defendant, the attach
ment shall be discharged, and the property
attached, or its proceeds returned TO him.
Sec. lG6. Ifjudgmeut in the action be
rendered for the plaintiff, or one or more
of several plaintiffs, and sufficient proof be
made of the goods, chattels, rights credits,
moneys and effects in the possession Of the
garnishee, the court shall also give judy
ment in favor of the plaintiff or creditors
against the garnishce or the property Of
the defendant, or both as the case may re-
quire, which may be enforced by execution.
Sec l67. After judgment for the plain
tiff, or one or more OF several plaintiffs pro-
perty attached and remaining uusold may
be sold on execution, as in other cases.
Sec. l6S. The money realized from the
attachment and the garnshee shall, under
the direction Of the court, after paying all
costs and expenses and the debt Of the
creditor who commenced the attachment,
provided sufficient shall have been attached
on writs issued by him, be paid to the sew
eral creditors, in proportion to the amount
Of their several claims as adjusted, and the
surplus, if any shall be paid to the defend
ant.
Sec. 169. Every defendant shall he en-
titled to an action on the bond of the plain
tiff or creditor, by whose proceedings in at
tachment he shall have been aggrieved, if
it shall appear that the proceedings were
wrongful and oppressive, and he shall re-
cover damages at the discretion of jury.
Sec. 10. When an order of attach
ment is fully executed or discharged, the
sheriff shall return the same, with bis pro
ceedings thereon, to the court.
RECEIVES AND DEPOSITS IN COURTS.
Sec. Ill. A receiver may be appoint
ed by the court in the following cases
lst. In an action by vendor to vacate
fraudulent purchase of property or by
creditor to subject any property or fund to
his claim
I'd. In actions between partners or 9th
er persons jointly interested in any proper
ty or fund.
Sd. In all actions where it is shown
that the property, fund or rent, and profits
in controversy is in danger of being lost re-
moved or materially injured.
4th. In actions by mortgage for the
foreclosure of mortgage and the sale of
the mbrtgaged property when it appears
that such property is in danger Of being
lost, removed, or materially injured or when
such property is sufficient to discharge the
mortgage debt, to secure the application of
the rents and profits accruing before a sale
can be had.
5th. When corporation has been dis
solved or is insolvent or is in iminent dam
ger of insolvency or has forfeited its corpo-
rate rights.
9th. And in such other cases as may be
provided for by law, or when in the discre-
tion Of the court it may be necessary to Sc
cure ample justice to the parties.
Sec. l72. party or attorney or 9TH
er person interested in an action shall be
appointed receiver therein.
Sec. 173. Before entering upon his du-
ties the receiver must be sworn to perform
them faithfully, and with one or more sure
ties approved by the court execute bond
to,such person as the court may direct,
conditioned that he will faithfully discharge
the duties Of receiver in the action and obey
the orders of the court therein.
Sec. ia. When it is admitted by the
pleading or examination Of party that he
has in his possession or under his control
any money or other thing capable Of deliy;
cry which being the subject of the litigation
is held by him as trustee for anotherl party
or which belongs or is due TO another par
ty, the court may order the same to be de-
posted in court or delivered 10 such party
with Or without security subject to the fur
ther direction Of the court.
Sec. lT5. Wb6seer in the exercise of
its authoritya c6url 5slI have ordered the
deposit or delivery Of money or other thing
and the order is diSobcyed The, court besides
Furnishing the disobedience as for contempt
may make an order requiring the sheriff to
take the money or thing and deposit or de-
liver it in conformity with the direction of
the court.
Sec. lis. Money deposited or paid in
to court in an action shall not be loaned
out, unless with the consent of all the par
ties having an interest in, or making claim
to the same.
Sec. III. The receiver shall have pow
er under the control of the court to bring
and defend actions-to take and keep pos
session Of the. pEOperty-to receive rents