The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-12-21

TuE SUPREME CouRT or THE DISTRICT OF
CoLrNsu. Tho following are the provls-
ions Of the bill to amend an act In relation
to the Supreme Court of the District OF Co
lumbla, introduced into the House Of Repre-
sentatlves yesterday by Mr.. Welker, and
referred to the Committee on tho District OF
Columbia;
Be q enacted, De-, That attachments may
Issue upon the grounds following, In add
ton to those already enumerated In the act
of June |, 1886: I. When the defendant or
one Of several defendants Is a foreign corpo-
ration or joint stock company; or 2. Has ab.
seconded with intent to defraud his creditors;
or 8. IL about to convert his property or q
part thereof into money for the purpose Of
placing 1t beyond the reach Of his creditors;
or 4. Has property or right In action which
he conceals; or 8. Has assigned or disposed
Of or IL about to assign or dispose OF bis
property or part thereof with intent to dc,
fraud his creditors; or 0. Has fraudulently
contracted the debt or incurred the obliga-
ton for which suit has been or IL about to
10 brought.
Sec. 9. That when the ground OF the At
tachment Is that the defendant 10 foreign
corporation or joint stock company, or non.
resident Of the District, the attachment may
issue without an undertaking, but In all
other cases the undertaking prescribed by
said act must be hled Propidsd, That II
shall not be necessary that such undertak-
ing be signed by The plaintiff In the action.
Sec. 8. That the attachments shall DO exc
cuted by the marshal without delay. z,
shall attach the property OF the defendant
and then, with two householders OF sale
District, who shall be summoned and sworr
by said officer, shall make q true inventor,
and appraisement ofall the property attached
which snail be sigued by the officer an,
householder and returned with the amend
ment. When the property attached Is rea
property, the officer shall leave with the oc
cupaut thereof, or n there he no occupant
In u conspicuous place thereon, a notice o
such attach ment. When 1t Is personal prop
cry, aud manual delivery can be made, b.
shall take the same into his custody an,
hold II subject to the order OF the court.
Sec. 4. The right or shares which the de
fendauts may have 10 any association o
corporation, together with the interests ant
PROFITS thereon, and all other property, credits
or things In action of a defendant, shall b,
liable to be attached or levied upon and sole
to satisfy the judgment and execution.
Sec. 5. The execution of the attachme nt,
upon such rights, credits, or other property
Incapable OF manual delivery to the marshal
shall be made by leaving a certified COPY OF
the attachment with the president or other
head OF the association or corporation, or the
secretary, cashier, or managing agent there
Of, or with the debtor or individual holding
such rights, shares, credits, things In action,
or property, with a notice showing the prop.
erty levied on.
Sec. 6. Whenever the marshal shall, with
an attachment or execution against the de-
!endant, call upon such officer, debtor or
individual for the purpose of laying upon
such property, such officer, debtor or indi
yidual shall furnish him with q statement,
under oath, designating the number of righ hts
or shares OF the defendant In the stock of
such association or corporation, with any
dividend or incumbranGe thereon, or the
amount and disposition Of the property,
credits or thing in action held by such asso-
citation, corporation or Individual for the
bene st OF or debt owing to the defendant. II
such officer, debtor or Individual refuse to
do so, or II such statement be unsatisfactory,
he may be required by the court or a judge
TO appear before the court or Judge or an
auditor, commissioner or examiner Of the
court and be examined, on oath, concerning
the same; and obedience to such order may
be enforced by proceedings as for contempt
Sec. I. II upon the statement Of the gar
that al or after the se hfafRnstt9n II appears
upon him he was possessed OF any property
of the defendant, or was indebted to him
the court may aud shall condemn the sale
property and the credits duo to the defend
ants, unless the said garnishee shall show
cause to the contrary, and shall award exc
cution against said garnishee as In Other
judgments; but such order of condemnation
shall not be made unless judgment shall
have been rendered 10 favor of tho plaintiff
and against the defendant; and such con.
domination and execution OF the said prop
crty and credits IN the hands of the garnishe
or garnishees as aforesaid had and mad
shall be sufficient discharge, and pleadabl
in bar by the said garnishee In any actlol
brought against him or them by the said de
PENDANT for the same.
Sec. 8. Upon the condemnation OF an
rights or shares Of the defendant In tn
stock Of any association or corporation, tn
marshal shall sell the same, and shall exc
cute to the purchaser a certificate of the sal
thereof, and the purchaser shall thereupo
have all the rights and privileges in respec
thereto which was or could have been ha
BY such defendants.
Sec. o. Section IL of an act entitled "a
act to amend the laws of tho District of &c
lumbIa In relation to judicial proceeding
therein" Is hereby repealed, but such repea
shall not be construed to repeal the remed
by distress in favor Of landlords and agains
tenants.
Sec. 10. All acts and parts of acts lncon
sistcnt with this act be, and arc hereby, re
pealed.