Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1862-01-02

sitting tn General assembly, and by the
authority Of the same, That it shall not be
lawful for any officer of this State TO- serve
or execute any mesue Of final process Of any
of the courts of this State for the collection
of money, until after the expiration Of the
first session of the next General Assembly
of this State, except in cases provided in
the second secticn of this act, and except
process for military fines.
SEC. 2. That if the plaintiff in any such
mesue of final process, of his agent or attor-
ney at law, shall make affidavit bsfore some
one of clerks ofthe Court of Common Pleas
aud General Sessions of this State, that his
debtor has absconded or is about to abscond,
or that such debtor is removing, or is about
to remove his property beyond the limits of
this State, or is fraudulently disposing Of
the same, which affidavit shall be attached
to such mesne or final process, before any
action thereon, the said plaintiff in such
mesne or final process may require the de-
fendaut to give bond, payable to such
plaintiff, in double the amount Of the sum
sued for, or of the amount of the judgment
upon which such final process may be based,
with security to be approved by the clerk
of the Court of Common Pleas of the Dis.
trict in which such defendant may reside,
or may be taken, conditioned for the de
livery Of the property of such debtor, liable
to such process, or so much thereof as may
be sufficient to satisfy the plaintiffs de.
maud, to the sheriff Of said District, or for
the surrender of the body of the defend
ant, according to the exigency of such pro-
cess at the time at which Judgment may be
obtained on such debt, 10 cases Of mesue
process, or at the time limited for the opera.
tion of this act in cases Of final process (;
Provided, howeuer, if such bond and secu.
rity shall not be given within ten days af
ter the defendant shall be served with a
copy of the said affidavit, such defendant
shall be deprived of the benefit of this act !;
and in the absense of defendant a copy Of
such affidavit left at his place of residence
shall be equivalent to personal service
SEC. 8 That it shall be the duty of the
clerk before whom such affidavit may be
made, forthwith to cause a copy thereof to
be personally served on the defendant, or
left at his residence, with notice requlr-
iug him to give the bond and security re.
quired by ths second section of this act
within ten days from the date of such ser.
vice, and the sheriff shall Immediately upon
the filing of such affidavit proceed to arrest
the defendant, or take a levy Of property
according to the exigency Of the process to
which such affidavit may be attached.
Sec. 4. That all Gales authorized or d.
rected by any decree, rule or order Of any
of the courts of this State, shall be stayed
until the same shall be renewed by one Of
the judges of the court making such de.
cree, rule or order, either in open court OF
at chambers. s2 -
SEC. S. That the operation of the statute
of Limitations be, and the same is hereby,
suspended during the period in which this
act is of force, SO far as applicable to eau
ses of action coming within the meaning Of
this act
SEC g. That while this act remains iu
force debts due on open accounts, and other
demands not heretofore bearing interest by
law, shall bear interest at the rate of seven
per eentun1 Pe', dnnuns.