The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-06-07
Amendment 10 the Attachment Law.

the amendments made by the last Legs
lature to the Attachment Law, we pub
lish herewith the Chapter Of the Act:
of 1871, containing those Amendments
CHAPTER l36.-AN ACT to amend
chapter one hundred and six OF the
Code of West Virginia, in relation to
Attachments.
Passed February q, 1871:
Be it enacted by the Legislature OIL
West Virginia;
!. Section one of chapter one hundred
and six OF the code Of West Virginia is
hereby amended by adding at the end
thereof the following;
81. A claim whether legal or equit,
able, for any debt or liability arising
out of contract against foreign cor,
poration, or against nonresident OF
this State, may be sued for and recover
ed in a court of equity, and an attach
ment in any action at law, or suit in
equity, may be sued out as provided in
this section, whether the debt or de.
mand of the plaintiff be due or not, but
the atfidavit in case the debt or demand
be not due, shall show at what time it
will become due Provided, That an
attachment shall not be sued out
against a foreign corporation, or non
resident defendant, as such, for debt
or demand not due
> Section three of said chapter one
hundred and six is hereby amended and
re-enacted so "a to read as follows:
IS. On an affidavit, such as is men
toned in section one OF this chapter,
whether the claim of the plaintiff be due
or not, if such claim, exclusive OF inter,
est, exceeds the sum of one hundred
dollars, a justice of any township may,
subject 10 the provisions contained IN
said section, issue an order of attach
ment against the personal estate Of the
defendant for the amount stated in the
affidavit, returnable to the next term OF
the circuit court of the county in which
the same was issued. The affidavit and
bond of the plaintiff in such case shall
be delivered, with the order of attach
ment, to the officer who is to serve such
attachment, and by him returned with
the attachment to the clerk Of the cir
cult court, whose duty it shall be to file
and preserve the same. And on com
plant 10y any lessor, or his agent, to a
Justice that any person liable to him
for rent intends TO remove or is remOv-
ing, or has within thirty days removed
his effects from the leased premises, If
such lessor or his agent make oath to
the truth OF such complaint to the best
of his belief, and to the rent which is
reserved whether in money or other
things and will he payable within one
year, and the time or times when 1t will
be payable, aud also make oath, either
that there is not, or he believes, unless
an attachment is issued, there will not
be left on such premises property liable
10 distress sufficient to satisfy the rent
so to become payable, such justice shall
issue an order OF attachment Tor the
said rent against such goods as might
he d,stralned FOR the same, if it had be-
come payable, and against any other
par>onal estate of the person so liable
therefor. The order OF attachment
under this section shall be in form or
effect a. follows:
4. b, Plaintiff, township Of
vs..
c. ID. Defendant, J county, to.wit:
Order of attachment.
The above named plaintiff, having
filed with me the affidavit and bond re-
quired 10y law, the Sheriff of the county
Of, or a constable OF any township
therein 10 whom this order may come,
is hereby required, in the name of the
State Of West Virginia, to attach the
personal estate Of the said defendant, c.
D, sufficient to pay the sum Of-dol-
lars, and the costs OF this attachment,
and TO make a return OF his proceedings
under this order to the next term OF the
circuit court of the said county. Given
under my hand is-day Of.
f. F., Justice.
Before issuing any attachment under
this section, the justice shall take from
the plaintiff bond, with good security,
in such penalty and with such condition
as is prescribed, in the sixth section Of
this chapter. But the issuing OF an at
tachment under this section shall not
preclude the plaintiff from COM
mencing and prosecuting suit, and Oh
tanning an order of attachment therein,
AS prescribed in the first section OF this
chapter
Section six Of said chapter one hun
dred and six is hereby amended and re-
enacted so as TO read as follows:
"6. But if the plaintiff shall, at the
time Of suing ont such attachment, or
aiterward give bond with good security.
approved by the clerk or justice issuing
the attachment, in penalty OF at least
double the amount oLthe claim sworn
to or sued for, with condition to pay all
costs and damages which may be award
ed against han. or sustained 10y any per
son bv reason OF the suing out OF the
attachment. and 10 pay 10 any claimant
OF any property seized or sold under or
by virtue OF said attachment all damages
winch he may recover in consequence
OF such secure or sale; and also to war
rant and defend any purchaser OF the
property such estate or interest therein
AS is sold, the said officer shall take
posse, sion OF the property levied on by
virtue Of such attachment. 1t such
bond he given, no action shall be main
tanned against the officer levylng such
attachment upon property or effects not
belonging 10 the debtor, unless 1t shall
appear that such levy was wllfully and
knowingly made
The Elective Affinities OF Goethe
have been revived in real life near Troy,
New York. A Mrs Lyman Granger