The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-13
CODE OF PRooEDURE..Con

CODE OF PROOEDURE--Co
SEC. 233. The defendant may, within
three days after the service of O copy OF
the affidavit and undertaking, give no.
tice to the Sheriff that he excerpts to the
sufliciency Of the sureties. If he fail to
do so, he shall be deemed to hnvo waived
all objection to them. When tho de-
fcndant cxcepts, the suretics shall Justify
on notice, IN like manner rs upon bail
on arrest. And the Sheriff shall be ro.
sponsiblo for tue suf1iciency Of tho sure
ties, until the objection to them is either
waived as above provided, or until they
shall justify, or new snrcties shall be sub
stltuted and justify. If the defendant
except to tho sureties, he cannot re-
claim the property, rs provided in the
next Section.
SEC. 234. At any time before the dc.
livery OF the property to tho plaintiff,
the defendant may, if he do not except
to the suretics of the plaintiff, require tic
return thereof, upon giving to the Sheriff
a written undertaking, executed by two
or more sufficient sureties, to the effect
that they are bound in double tha value
OF the property, as stated in the affidavit
OF the plaintiff, for tho delivery thereof
TO the plaintiff, if such delivery be ad-
judged, and for the payment to him of
such rs may, for any cause, be recovered
against tho defendant. If return of
the property bo not so required, within
three days after the taking and service of
notice to the defendant, it shall be de-
llvered to the plaintiffs, except MS pro-
vldcd IN Section two hundred and thirty
nine.
SEC. 235. The defendants surctics.
upon notice to tho plaintiff of not less
than two nor more than six days, shall
justify before Judge, Clerk of the Court,
or Trial Justice, in the same manner as
upon oail OH arrest. Upon such iustif
cation, the Sheriff shall deliver the pro-
perty to the defendant. The Sheriff shall
be responsible for the defendants sure.
ties until they justify, or until justifica
tion IS completed or expressly waived,
and may retain the property until that
time; but if they, or others in their
place, fail to justify Mt the time and place
appointed, he shall deliver the propcrtv
to the plaintiff.
SEC. 23G. The qualifications of sureties
and their justification shall be as are pre-
scribed by Sections two hundred and
seventeen and two hundred and eighteen
In respect to bail upon an order of ar
rest.
SEC. 237. If the property, or any part
thereof, be concealed in building or in
closure, the Sheriff shall publicly demand
its delivery. If it be not delivered, he
shall cause the building or inclosurc to
be broken open, and take the property
into his possession; and, if necessary, he
may call to his aid the power of his
County.
SEC. 23S. When the Sheriff shall have
taken property, as in this chapter pro-
vided, he shall keep it in a secure place,
and deliver it to the party entitled there
to, upon receiving his lawful fees for
taking, and his necessary expenses for
keeping, the same.
SEC. 239. If tho property taken be
claimed by any other person than the de-
fendant or his agent. and such person
shall make affidavit of his title thereto,
and right to the possession thereof,
stating the grounds of such right and
title, and serve the same upon the Sheriff.
the Sheriff shall not be bound to keep
the property, or deliver it to the plaintiff.
unless the plaintiff. on demand Of him or
his agent, shall indemnify the Sheriff
against such claim, by an undertaking,
executed by two sufficient sureties, nc
companied by their affidayits, that they
are each worth double the value of the
property, as specified in tho affidavit of
the plaintiff, and frecholders and house
holders of the County. And no claim to
such property, 10y any other person than
the defendant or his agent, shall be valid
against the Sheriff, unless made as afore
said; and. notwithstanding such claim,
when SO made, he may retain tho pro
perty reasonable time to demand such
indemnity.
SEC. 24O. The Sheriff shall file the no.
tice and affidavit, with his proceedings
thereon, with the Clerk of the Court IN
which the action is pending, within
twenty days after taking the property
mentioned therein.
CHAPTER III.
INJUNCTION.
SEC. 24l. Writ of Injunction abolished.
and order substituted.
SEC. 242 Temporary Injunction, in