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

'huai ueilVery 10 the Sheriff or cOnsta-
pie shall be made'by leaving {. certified
copy OF the warrant of attachment with
the president or other head of the asso-
clatlon or corporation, or the secretary,
cashier, or managing agent thereof, or
with the debtor or individual holding
such property, with notice showing the
property levied on.
Dec. 2GO. Whenever the sheriff or con
stable shall, with warrant of attach
ment, or execution against tho defend
ant, apply to such officer, debtor, or in
dividual, for the purpose of attaching,
or levying upon such property, such Of
ticer, debtor, or individual shall furnish
him with q certificate under his hand,
designating tho number of rights or
shares of tho defendant in the stock of
such association or corporation, with
any dividend or any incumbrance there
on, or the amount and description of
the property held by such association,
corporation, or individual, for the bene-
ut OF or debt owing to the defendant.
II such officer. debtor, or individual re-
fuse to do SO, he may be required by the
Court or Judge to attend before him,
and be examined on oath, concerning
the same, and obedience to such order
may be enforced by attachment.
SEC 261. In case judgment be entered
tor the plaintiff in such action, the She
Fill or constable shall satisfy the same
out OF the property attached by him, if
it shall be sufficient for that purpose.
l. by paying over to such plaintiff tho
proceeds of all sales OF perishable pro-
perty, and Of any vessel, or share, or
interest in any vessel, sold by him, or of
any debts or credits. collected by him,
or SO much rs shall be necessary to satisfy
such Judgment
z. If any balance remain due, and an
execution shall have been issued on such
Judgment, he shall proceed to sell, under
such execution, SO much of the attached
property, real or personal, except as pro-
vldcd Ill subdivision four of this sec
t'on, as may be necessary to satisfy the
balance. if enough for that purpose shall
remain in bis hands; and in case of the
sale OF any rights or shares in the stock
OF corporation or association, the
sheriff or constable shall execute to the
purchaser certificate of sale thereof,
and the purchaser shall thcreupon have
all tho rights and privileges i'll respect
thereto which were had by such defend
ant.
3. If any of the attached property be-
longing to the defendant shall have
passed out of the hands of the sheriff or
constable without having been sold or
converted into money, such sheriff or
constable shall repossess himself of the
same, and for that purpose shall have all
the authority which ho had to seize the
same under the attachment; and any
person who shall wilfully conceal or with
hold such property from the sheriff or
constable shall be liable to double da-
images, at the suit of the party injured.
4: Until the judgment against the de-
fendant shall be paid, the sheriff or con-
stable may proceed to collect the notes
and other evidences of debt, and tho
debts that may have been seized or at
tached under the warrant of attachment,
and to prosecute any bond be may have
taken IN the course of such proceedings,
and apply the proceeds thereof to the
payment Of the judgment.
AT the expiration of six months from
the docketing of the judgment, tho
court shall have power, upon the petition
OF the plaintiff, accompanied by an alfi-
davit setting forth fully all the proceed
lngs which have been had by the sheriff
or constable since the service Of tho nt-
tachment, the property attached, and the
disposition thereof, aud also the alfida-
Wit of the sheriff or constable that he
has used diligence and endeavored to
collect the evidences of debt in his hands
SO attached, md that the remains un-
collected of the same any part or portion
thereof. to order the sheriff or constable
to sell the same, upon such terms and in
such manner rs shall be deemed proper.
Notice OF such application shall be given
to the defendant or bis attorney, if the
defendant shall have appeared in the ac-
ton. In case the summons has not been
personally served on the defendant, the
court shall make such rule or order, as
to the service Of notice and the time Of
service, rs shall be deemed just.
When the judgment and oil costs of
tho proceedings shall have been paid,
the sheriff or constable, upon reasonable
demand, shall deliver over to the de-
fendant the residue of the attached pro-
perty, or the proceeds thereof
SEC. 262. The actions herein author
lied to be brought by the sheriff or con-
stable may be prosecuted by the plaintiff,
or under his direction, upon the delivery
by him to the sheriff or constable of an
undertaking executed by two sufficient
sureties, to the effect that the plaintiff
will indemnify the sheriff or constable