The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-12

MORNING. AUGUST 12, l87
the order Of allowance, that the money
deposited be refunded by the Sheriff or
Constable to tho defendant, and it shall
be refunded accordingly.
SEC. 223. Where money shall have
been so deposited, if it remain on de-
post ut the time of an order or judg-
ment for the payment of money to the
plaintiff, the Clerk shall, under direc-
ton OF the Court, apply the same in
sGtlsfactlon thereof, and after satisfying
the Judgment, shall refund the surplus,
II any, to the defendant. II the judg-
ment be in favor of tho defendant. tho
Clerk shall refund to him the whole sum
deposited and remaining unapplicd,
Sec. 224. If, after being arrested, the
defendant escape or be rescued, or bail
be not given or justified, or deposit be
not made instead thereof, the Sheriff or
Constable shall himself be liable as bail.
But he may discharge himself from such
iiaolllty by the giving and justification of
bail, ms provided in Sections two hun
dred and sixteen, two hundred and seven
teen, two hundred and eighteen, and two
hundred and nineteen, at any time be-
tore process against the person of the
defendant to enforce On ordor or iudp-
ment in the action.
SEC. 225. If q judgment be recovered
against the Sheriff or Constable. uDon
his liability as bail, and an execution
thereon be returned unsatisfied, in whole
or IN part, the sanle proceedings NAV be
had Oh the official bond of the Sheriff or
Constable to collect the deficiency, as in
other cases of delinquency.
SEC. 226. The bail taken upon the mr.
rest shall, unless they justify, or other
bail be given or justified, be liable to the
Sheriff or Constable by action for dam
ages which he may sustain by reason Of
such omission.
SEC 227. A defendant arrested NAV, at
any time before judgment, apply, on
motion. to vacate the order of arrest. or
to reduce the amount of bail
SEC. 226. If the motion be made mon
aiiidayits on the part of the defendant,
but not otherwise, the plaintiff may op-
pose the same by affidavits, or other
proofs, IN addition to those Oh which the
order of arrest was made.
CHAPTER II.
CLAIM AND DELIVERY OF PERSONAL PRO
PERTY.
SEC. 229. Claim and delivery of per
sonal property.
SEC. 23O. Affidavit and its requisites.
Sec. 23l. Requisition to Sheriff to take
and deliver the property.
SEC. 232. Security by plaintiff.
SEc. 233. Exception to sureties.
SEC. 234. Defendant, when entitled to
re-delivery.
SEC. 2a5. Justification of defendants
suretics
SEC; 236. Qualification and justi6ca-
ton of sureties
SEC. ,237: Property, how taken when
concealed IN building or inclosurc.
SEc. 23S. Property, how kept.
SEC. 233. Claim of property by third
person.
SEC. 240. Notice and affidavit. when
and where to be fled.
SEC. 229. The plaintiff, in an action to
recover the possession OF personal pro
perlty, may, at the time OF issuing the
summons, or at any time before answer.
claim the Immediate delivery Of such
property, as provided in this chapter
SEC. 23O. Where Il delivery is claimed.
an affidavit must DO made by the plain
TIL, or by some one in his behalf. show
ing:
l. That the plaintiff is the owner of
the property claimed, particularly de-
scribing it, or is lawfully entitled to the
possession thereof, by virtue of O special
property therein, the facts il respect to
which shall be set forth:
= That the property is wrongfully de-
tanned by the deiendnnt;
3. The alleged cause of the detention
thereof, according to his best knowledge.
information, and belief;
1. That the same has not been taken
for tax, assessment. or fine, pursuant
to statute; or seized under an cxecu-
ton or attachment against the property
OF the plaintiff; or. if so seized, that It
1t is, by statute, exempt from such seiz-
ure; and
8. The actual value of the property.
SIC 23l. The plaintiff may, thereunon,
~ an Endorsement in writing upon the
aiildavit, require the Sheriff OF tho
County whclc the property ciairnc, mas.
tc, to take the same from the defendant
ana deliver it to the plaintiff
SEC 232. Upon the rccaipt OF the al;-
davit and notice, with written undcr.
taking executed by one Or more sufficient
snfeties, approved by the Sheriff, to tic
elect that they are bound in double Tic