The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-14
CODE OF PROCEDURE. Continued,

CODE OF PROOEDURE--Co Continued.
1t shall be the duty of the plnintin
procuring such warrant, within ten days
after the issuing thereof. to cause the
aflidavits on which the same was granted
to be filed in the Office of the Clerk OF
the County, or with tho Trial Justice, in
which, or before whom, the action is to
30 tried.
Sec. 253. Before issuing the warrant.
the Judge, Clerk or Trial Justice shall
require II written undertaking, on the
part of the plaintiff, with sufficient
surety, to the effect that if the defendant
recover judgment, or the attachment be
set aside by the order of tho court, the
plaintiff will pay all costs that may be
awarded to the defendant. and all
damages which he may sustain by rea-
son of tho attachment, not exceeding the
sum specified in tho undertaking, which
shall bo at least two hundred and fifty
dollars, except in case of q warrant
issued by Trial Justice, when it shall
be at least twenty-five dollars.
Sec. 254. Tho warrant shall be direct
ed to any Sheriff or Constable of INV
County in which property of such de-
fendant may be, and shall require him
to attach and safely keep all the proper
ty of such defendant within his County.
or so much thereof rs may be sufficient
to satisfy the plaintiffs demand, toge-
ther with costs and expenses, the
amount of which must be stated in con-
formity with the complaint, together
with costs and expenses. Several war
rants may be issued Mt the same timo to
the Sheriffs or Constables of different
Counties.
Sec. 255. The Sheriff or Constable to
whom such warrant is directed and deli
vered, shall Immediately attach all the
real estate of such debtor, and all his
personal estate, including money and
bank notes, except such real and per
sonal estate as is exempt from attach
ment, levy or sole by the Constitution:
and shall take into his custody all books
of account, vouchers and papers relating
to the property, debts, credits and
effects of such debtor; together with all
evidences of his title to real estate,
which he shall safely keep, to be dis
posed Of as hereinafter directed.
When real estate is attached, a true and
attested copy Of such attachment, toge-
ther with description of the real estate
attached, shall be by the officer serving
the same. delivered to the party whose
real estate is attached, or left at his last
and usual place of abode; and the officer
making such service shall also leave
true and attested copy of such attach
ment, together with description of the
real estate SO attached, in the Office
who're by law deed of such real estate
is required to be recorded; and if the
party whose estate is attached does not
reside in this State, then such COPY shall
be delivered to his tenant, agent or
attorney, if any be known; and if no
such agent, tenant or attorney be known,
then copy of such warrant of attach
ment, with the officers return thereon,
lodged in the Office where, by law, a
deed of such real estate ought to be re-
corded, shall be deemed sufficient SER
vice. It shall be the duty of the clerk
or register of the Office wherein said
warrant of attachment is required to be
lodged to receive the same. and enter in
book kept for that purpose the names
of the parties, tho date of the warrant of
attachment, The sum demanded, and the
officers return thereon. Said attach
ment shall be lien, subject to all prior
liens, and bind the real estate attached
from the date of lodgment: Prorided,
That all attachments lodged upon the
same day shall take rank together.
SEC. 256. He shall, Immediately, on
making such seizure, with the assistance
of two aisinterested freeholdcrs, mako q
just and true inventory of all the pro-
perty so seized, and of the books,
vouchers and papers taken into his Gus
tody, stating therein the estimated value
OF the several articles of personal pro-
perty, and enumerating such of them as
are pcrishable, which inventory, after
being signed by the sheriff and the ap-
praisers, shall. within ten days after such
seizure, be returned to the officer who
issued the warrant; and the sheriff or
constable shall, under the direction of
such officer, collect, receive and take
into his possession all debts, credits, and
ELECTS Of such debtor, and commence
such suits, and take such legal proceed
ings, either in his own name or in the
name Of such debtor, as may bo neoessa-
ry for that purpose, prosecute and dis.
continue the same at such times and on
such terms as the court may direct. The
property 80 seized, or the proceeds of
such rs shall have been sold, and debts
collected, shall be kept to answer any
judgment which may be obtained in such
action.
Sec 257. If any property SO seized