The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-16
Fs6s ,WtOFFIOLAL.l M q4
Acts Passed at the Late Session of
the Legislature.

Acts Passed at the Late Session of
the Legislature.
AN ACT TO REGULATE ATTACHMENTS.
/. Be IL enacted by The Senate and
House Of Representatives Of the Stdte
Of South Carolina, .noD met and sitting
in General Assembly, and by Tie au-
thortty Of The same, In an action for
the recovery of money against cor
porAtion 4 created by or under the
laWSsqf any other State, Government
Or country, or against defendant
who is not q resident of this State,
or against a defendant who has alb
seconded or concealed himself, or
whenever any person or corporation
is about to remove any of his or its
property from this State, or has as
signed, disposed of or secreted, or is
about to assign, dispose of or secrete,
any of his or its property, with in
tent to defraud creditors, as herein
after mentioned, the plaintiff, at the
time Of Issuing the summons, or at
any time afterwards, may have the
property of such defendant or COR
poration attached, in the manner
hereinafter prescribed, as q security
forthe satisfaction of such Judgment
as the plaintiff may recover.
IL. A, warrant OF attachment must
be obtained from Judge, Justice of
the Peace. Mugistrate, or Clerk of
Court in which or before whom the
action is brought.
Ill. The warrant may be issued
whenever it shall appear by affidavit
that o cause of action exists against
such defendant, specifying the
amount of the claim and the grounds
thereof, and that the defendant is
either foreign corporation or not q
resident of this State, or has depart
ed therefrorn with intent to defraud
his creditors, or to avoid the service
of 6 summons, or keeps himself con-
cealed therein with like intent, or
that such corporation or person has
removed, or is about to remove, any
of his or its property from this State,
with intent to defraud his or its Gre
ditors, or has assigned, disposed of
or secreted, or is about to assign,
dispose Of or secrete, any of his or
its property, with like intent, wheth-
er such defendant be O. resident of
this State or not. It shall be the
duty of the plaintiff procuring such
warrant, within ten days after the is
suing thereof, to cause the affidavits
on which the same was granted to be
fled in the Office of the Justice of
the Peace, Magistrate, or Clerk of
the Court of the County in which
the action is to be tried.
w.. Before issuing the war
rant, the Judge, Justice of the
Peace, Magistrate or Clerk shall re-
quire o written undertaking on the
part of the plaintiff, with sufficient
surety, to the effect that if the de-
fendant recover judgment, the plain
tiff will pay all costs that may be
awarded to the defendant, and all
damages which he may sustain by
reason of the attachment, not ex-
ceeding the sum specified in the un.
dertaking, which shall be at least one
hundred dollars.
". The warrant shall be directed
to the Sheriff of any County in
which property of such defendant
may be. and shall require him to at-
tach and safely keep all the property
Of such defendant, designating the
same, within his County, or 90 much
thereof as may be sufficient to salts
fy the plaintiffs demand, together
with costs and expenses; the amount
of which must be stated in conformi-
ty with the complaint. Several war
rants may be issued at the same time
to the Sheriffs Of the different Coun-
ties. tf3ti ~ iA .
vi. The Sheriff to whom such
warrant is directed md delivered,
shall immediately attach all the real
estate of such debtor, and all his per.
sonal estate, including money and
bank notes, except such real and per-
sonal estate as is exempt from attach