, 1854-06-24

may have the same, or any part thtrcOt,
to him, by executing and deliver
ing to the sheriff bond with surety ap-
proved by the sheriff, payable TO the plain
tiif, to the effect that such property shall be
properly kept and taken care Of and shall
be delivered to the sheriff on demand, or
so much thereof as may be required to be
sold on execution to satisfy any Judgement
which may be recovered against him in the
action, or that he will pay the appraised
value Of the property not exceeding the
amount of the Judgment and costs.
Sec. l44. Whenever any person, other
than the defendant, shall claim any proper
ty attached, the right of property may be
tried as in cases of property taken in
execution And the claimant, having no.
tice of the attachment, shall be bound to
prosecute his claim as in such cases, or he
barred of his right against the officer or
person serving the writ
Sec AS The defendant, or claimant
of any attached property, may be required
by the court to attend before it and give
information on oath, respecting the pro-
perty
Sec. 146. An attachment shall only
bind the interest of the defendant subject
to the rights existing at the time Of the at
tachment of any other person to the pro-
perty.
Sec. l47. If the defendant at any time
before judgment, shall appear and answer
to the complaint Of the plaintiff, and shall
satisfy the court that the cause alleged in
the affidavit did not exist at the time the
writ issued, the attachment shall be
dismissed at the cost Of the plaintiff who
shall also be liable to the defendant and
the attachment shall also be dismissed at
any time after answer before Judgment
when the defendant shall satisfy the court
that the alleged causes upon which the writ
issued have ceased to exist, in this case the
costs to abide the issue of the action, and
in case the attachment shall be dismissed
as above the action may befurther prose-
cuted to final Judgment as in cases where a
summons has been served.
Sec. l4S. If the dcfepdant or other
person in hisbehalf, at any time before
judgment shall execute boud to the plain
tiff, and to each plaintiff who has filed his
complaint under the attachment with sufi-
cient surety. to be approved by the court,
clerk, or sheriff, to the effect that the de-
fendant will appear to the action, and will
perform the judgment of the court, the at
tachment shall be discharged and restitu-
tion made Of any property taken under it,
or the proceeds thereof.
Sec. l49. When personal property at
tached is Of perishable nature, or its keep
ing expensive, the court may direct the
Sheriff to sell it at public auction on rea-
sonable notice. If the property is liable to
immediate damages, the Sheriff, in vaca-
tion, may sell it by giving ten days notice,
without an order Of court, and the proceeds
of all sales shall be deposited with the clerk.
Sec l50 The sheriff shall be allowed
his reasonable and necessary expenses for
keeping attached property, to be paid by
the plaintiff and taxed in the bill Of costs,
and II the plaintiff shall fail to pay such ex-
penses as they accrue, or advance them to
the sheriff, the sheriff may give the plain
till written notice that unless SO paid or ad-
vanced, he will release the prOperty-ahd
after the expiration Of forty-eight hours
from the service Of such notice upon the
plaintiff or his attorney, the sheriff may, il
such expenses are not paid or advanced, re-
turn, at the cost of the plailAilT, said pro-
perty to the person from whom, or to the
place where it was taken and il all the
property SO attached, shall be so returned,
the action shall be dismissed at the cost Of
the plaintiff.
Sec. l5l. If, at the time a writ of at
tachment issues, or at any time afterwards,
the plaintiff, or other person in his behalf,
shall file with the clerk an affidavit that he
has good reason to believe that any person
naming him) has property of the defend
ant Of any description in his possession or
under his control, which the sheriff cannot at
tach by virtue Of such writ; or that such per-
son is indebted to the defendant, or has the
control or agency of any property, moneys,
credits or affects or that the defendant
has any shares or interest in the stock of
any association or corporation the clerk
shall issue summons notifying such person.
corporation or association, to appear at the
ensuing term of the court and answer as
garnishee in the action. The summons
shall be directed to the sheriff. and served
and returned by him in the same manner
as summons is served and returned in 9th
er cases.
Sec. l52. From the day of the service
of the summons, as provided in Sec. I5l,
tho garnishee shall be accountable to the
plaintiff in the action for the amount of
money, property or credits in his hands, or
due and owing from him to the defendant.
Sec. 1853. 1t shall be the duty of any
officer or agent of an association or corpo-
ration, and Of every other person summoned
as a garnishee, when served, or within 6f-
teen days afterwards, to furnish the sheriff
with a certificate of the number of shares
or rights of the defendants in the stock of
such corporation or association, or a des-