The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-30

special Zip from Greenwood, II Carroll county, on
the iazoo river TO NicksbuTg and to return toreen-
wood-alleTng that in violation of the agreement,
the slave was taken by the boat to New Orleans in
consequence Of which, he contracted disease Of
which he died.
Is40-rHutch. Code 2ssl-and was directed to the
Sheriff or any proper officer Of Carroll county, where
IL WIS issued and where the Don't was at the time II
wns delivered to and executed bya Constable Of that
county who levied upon the boat which was replev-
rd by the plaintiff in error, under the fourth section
Of the act above referred to.
Lpon the return Of the process and the proceed
nps 10 the Circuit Court the plaintiff IN error moved
tfe court to qGash the return upon the attachment
because ii was made by Constable The motion
was overrued the defendant excepting and this is
tho first and principal error assigned BY the plaintiffs.
The statute 81 d. ID ItiH1.gh 70 attachments
AGAINST steamboats, for debt. provides, that they may
be- directed 70 "he sheriff or other proper officer Of
the county hc executed and the question IS whe-
ther COnstablei is proper officer IA the eontempa-
ton Of the statute
The statute giving the remedy j. in par Hadtsi1
with the General statute Of -ZZ, regulating the pro-
ce-z Of attachment: and m 50 Ter n h silent as to
10 mode of proceeding IN the execution and return
of attachments issued under IT, they must be regll-
lated by the general rules prescribed ~ that statute
By the 3Oth section Of TIE statute q ls-z hutch.
Code sos an attachment against opscondug dcbtors,
,,4,,. a.. O. vented and returned by Constable The
statute of chapter 10 sections defines an abscon-
ding debtor to DE onc who SHAH ah-e"nd or secrete
ls;f or lba remove OH If this state, or shall he
about to remove conceal MS properly out Of TINS
State, u Is conceaune pi r. - - ~ ti,I1s
ing ms effects" that The CLAIMS 81 inc PlahtlI
/ NH be defeated, or cannot be made
n i; .Ia,- 'fr from ttp nature pf steamboats,, and
! tho Iu-inees in which they are engaged that they
are az \ trau-itory character, and have no abiding
locc II vas for that very reason that the process OF
attachment Was extended 10 them, treating them a.
c5n0Ie m NJ, times and from their nature 70 remove
/ ana defeat the plaintiff debt and they appear 70
como fully within tie definition contained m the act
81 1874 of debtor about to remove out o! thls state
/ or removing his effects" that the clam Of the
| plaintiff cannot he made.
! I'M. PROVISIONS Of the act Of ls22 have always ac
ooriul 10 the rule declared IN IT, been construed N
/ ne mo-t liberal manner for the advancement Of JUS
ae and the benefit al creditors ana as the reason
Tor me service Of an attachment against an ascond
inc debtor by a Constable /. within the reason OF th'
law in relation 20 steamboats,, We tink tfat Is iar
~ appjcahlc to eases Of steamboats, ana that tht
CONT below acted properly in oyerrulng the motion
Another relied on - that the court suSt
a demurrer to the third plea That plea alleged that
The defendants did not so improperly use the slave
| bv means whereof he -ickeued and died The deien
dlnt= had already pleaded the general issue TO th'
declaration. and this plea hut amounted 70 the saIn'
thing unless 1t was fnte nded to narrow the issue L
the mere question of the improper 'ce ~ ne sote T.!
means whereof he ded. u that was its object u wa
! not res Onsiyc to the dcciamuon-the alegatlon o
/ the complaint being that he was taken 10 New UT
leans contrary to the special agreement N cohse
I Quenee Of which. and ot deicnd4nts imprope
! use Of the slave he died. IT. under these cireuIn
stance- the slave had taken the yellow fever or IN
smallpox. in New Orleans. OF which he died, the dc
fend;nts Wotlld have been able. though NJ was no
: inpropcrly used. Yet under tins plea. the lssu
/ would have. depended upon whether the slave wa
! improperly used IN this view the demurrer WA
| properly sustained. Judgment affirmed