Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1862-02-11
AN ACT To AMEND THE CODE OF PRCATIOE IN
CIVIL CASES

See I. B. Il enacted 5y tie Gsnsral Assembly Of
'ds CJH1uosdlh Of hsRtueky, That in addition 10 the
grounds Tor attachment enumerated in the Code ofPac
ice in Civil Cases there shall be the following That the
defendant defendants, some Of them, are in the
army OF the 50 called Confederate States OF America
any military body OF men co-operatong with said army
Sec. That be or they voluntarily have left the
country Of his their residence have been absent there
from for thirty days and during said period Of time
have been and continued voluntarily within the called
Confederate States or their military lines.
See 8 That he they voluntarily left the country
OF his their residence for the purpose OF joining the
army OF the CoofeiertAe States any military body OF
men . operating With ssid army or for the purpose Of
entering the service, either civil or military OF said Con-
defae Saes and, leaving for such purposes or ether
have remsled abs-ut from such coGnty that the
nary process OF Law could not be served upon them
.or thirty days, and continued so absent.
SEC 4 The grounds herein stated, or either Of them,
shall BE- sufficient 20 huthorzs and sustain the actions
aad attachments By creditors under section 25s BY
retes uuder sections 22s and $50, Of Code Practice in
Owl Cases.
sac. .. The property interest alone OF the party,
hall be suh 20 attachment as TO whom the herein
enumerated grounds, sore OF them, exist. and the
proceedings except far c. hsrein changed, shall BE-
he same under existing lANs in relation to attach
ments.
sac C. Warning orders may be obtained on any OF
the grout d. forth in sectors lst u and sd o. this
sct against defendant TO whom they my apply, In
L
a1d subject tue proceedings as are now had for
existing causes Of constructive service.
SIC =. Wherever the property OF any defendant is
sut cited attempted 70 be sui ected, 10 any debt or
itmBg,s or fer indemnity for any debt damages by
means OF an attachment issuing under the provisions OF
,nis act the proceedings may be equitable; aud il all
&C ions aud attachments prosecuted under this act the
courts having IGisiicon shall have iuh power to make
al proper orders and Judgments Tor the administration
Of justice to all parties.
sec When the plaintiff, or any OF them, shall,
10 add1ut the grounds alleged for an attachment IN
der the provisions OF this act, he at iSv alleging
nat the stated the grounds for the attachment
are within the knowledge Of the defendant rdLns
.ud 20 FAR be knows or believes cannot be proved
Otherwise than by the Of the defendant or defeu
lAnts the grounds Of the attachment shall be taken
true unless controverted by the Of such deeu
,ut defendants, sworn to by him or them personal
".
Sec - Ia any action by any railroad company, by
the Board Of Internal Improvement 5y any corpora
ion for torts including trorer, general attachment
nav be issued when any Of the grounds set forth In this
at are shown By a llyit without aDy bond being
sltsd Jy tue plint a. required by section %! of the
Code Of Practice in Civil Gases, but the aihant must
sioE the amount o. damages sustained aud claimed.
Sec 10. Be fsrhSr enacted That sAction ~ Of said
Civil Code BE- amended that any railroad mpany, or
the Board Of internal Improvement, other corpora
5n for any trtspass conversion OF their property
nav institute and prosecute suits in eitherthe common
.E or eaui.v courts of any country through or iHO
Shsh their rSilroad work Of Improvement may eI-
tend or in which the defendants or any of them, may
have property and for said tresI conversion,
1int or several suit be instituted aud judgment
gains. and recovery from persons for said
dama.Cs shall be no bar TO from other
person or persons until the full amount of their loss il
recovered and satisfied aud proof Of full recovery and
aatfacon of damages in said suits shall deyolvS the
dsiendants.
Sec H. All orders for attachments under this act
any other Law NAV hereafter be made and granted by
any Judge OF circuit or county court or by the clerk
of the court or justice Of the peace from whose Office
such attachments shall fsue.
Sec. ~ None of the grounds Of attachment set
forth in sec ion Of this acr shall apply to any person
br u,rsous who stall BE- shall have been within the
Confederate States their military lines by the or6es
or ERECTION Of the Unted States the State OF kentuc
ky or any auhoriz officer agent OF either OF them
S,c. rs. TIE attachments which may be granted uu-
der the provisions Of this act shall create lien upon
thu property of the defendant in the same manner a.
noE provided by the provisions Of the Owl Code oil
Practice 10 cases Of attachments therein specified and
they SHALL moreover have priority Of all deeds of trust
mortgages affecting said property, which shall not
have been lodged for record in the proper office 10 &C
oortanee with chap "A Of the Revised Statutes, title
conveyAnces prior 10 the time when such attachments,
uader the provisions Of thaOiv Code Of Practice, ere
ate lien.
Sec IL. This act to take eject from is passage
Approved Dec 3s, 1861.