The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-16

.no PiooScuS VI all SaleS OF per1Sha-
BILE property, and of any debts or
credits collected by him, or so much
as shall be necessary to satisfy such
Judgment.
2. If any balance remain due, and
execution shall have been issued on
such Judgment, he shall proceed to
sell under such execution so much of
the attached property, real or per-
sonal. except us provided in sub -diyi-
sion four of this Section, as may be
necessary to satisfy the balance, if
enough for that purpose shall remain
in his hands; and in case of the sale
OF any rights or shares in the stock
OF corporation or association, the
Sheriff shall execute to the purchaser
q certificate of sale thereof. and the
purchaser shall thereupon have all
the rights and privileges, in respect
thereto, which were had by said de-
fendant.
3. If any of the attached property
belongingto the defendant shall have
passed out of the hands of the She
riff, without having been sold or con-
verted into money, such Sheriff shall
re-possess himself Of the same, and
for that purpose shall have all the
authority which he had to seize the
same under the attachment: and any
person who shall wilfully conceal or
withhold such property from the She
rih, Shall be liable to double damages,
at the suit of the party injured.
4. Until the Judgment against the
defendant shall be paid, the Sheriff
may proceed to collect the notes and
other evidences Of debt, and the
debts that may have been seized or
attached under the warrant of attach
ment, and to prosecute any bond he
may have taken in the course of such
proceedings, and apply the proceeds
thereof to the payment of the judg-
ment. When the judgment and oil
costs of the proceedings shall have
been paid, the Sheriff, upon reasona-
BILE demand, shall deliver over to the
defendant the residue of the attached
property or the proceeds thereof.
XIV. The actions herein author
lied to be brought by the Sheriff may
be prosecuted by the plaintiff, or
under his direction, upon the deli.
very by him to the Sheriff of an un-
dertaking executed by two sufficient
sureties. to the effect that the plain
tiff will indemnify the Sheriff for all
damages, costs and expenses on ac-
count thereof, not exceeding two
hundred and fifty dollars in any one
action. Such sureties shall, in all
cases, when required by the Sheriff,
Justify his making an affidavit that
each is q householder and worth
double the amount Of the penalty of
the bond, over and above all demands
and liabilities.
XIV. If the foreign corporation, or
absent, or abscondiug, or concealed
defendant, recover judgment against
the plaintiff in such action, any bond
taken by the Sheriff, except such as
are mentioned in the preceding Sec
ton, all the proceeds of sales and
money collected by him, and all the
property attached remaining in his
hands, shall be delivered by him to
the defendant or his agent, on re-
quest, and the warrant shall be dis
charged and the property released
therefrom.
XVI. Whenever the defendant
shall have appeared in such action,
he may apply to the officer who issued
the attachment, or to the Court, for
an order to discharge the same; and
if the same be granted, all the pro-
ceeds of sales and moneys collected
by him, and all the property attached
remaining in his hand, shall be de-
livered or paid by him to the defend
ant or his agent, and released from
the attachment; and where there is
moro than one defendant and the
several property Of either of the de-
PENDANTS has been seized by virtue of
the order of attachment, the defend
ant whose several property has been
seized may apply to the officer who
issued the attachment for relief under
this section.
XVII. Upon such application the
defendant shall deliver to the Court
or officer m undertaking, executed
by at least two sureties, who are re-
sidents and free-holders or house
holders in this State, approved by
such Court or officer, to the effect
that the sureties will, on demand,
pay to the plaintiff the amount of
judgment that may be recovered
against the defendant in the action,
not exceeding the sum specified in
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