Year: 1867

thereon-which copies shall within twen-
ty days be by such second or subsequent
plaintiff fled in the Office of the clerk Of
the county court for the county in which
such first attachment was made. Srch
subsequent plaintiff shall pay the officer
for said copies at the rate now allowed by
law, shall at his own expense cause said
copies to be filed as aforesaid, with said
county clerk, and shall pay said clerk
twenty-five cents costs for filing said CO.
pies.


IS. If at the time of such claim to
participate in snch lien, the prior writ
has already been entered in court, such
second or subsequent writ may be served
by tAe same or any other officer. and such
officer, in his return and copy thereof for
filing in the clerks Office, shall be requir-
ed to give no further description Of the
property attached than to refer therefor
to such writ designating the same and
stating the names of the parties and the
name Of the officer who served the same,
aud shall not be required to take possess
sion of such property.


S 4. Such subsequent applicant may
at any time make such attachment and
claim, until forty days shall have expired
from the rising of the county court, at
the first term to which such first writ
was made returnable, and the officer who
attached such property, or shall have ta-
ken the same on execution, or shall have
sold the same on execution, shall continue
to hold such property or its avails until
the expiration of such forty days; and if
at expiration, no such certificate of claim
shall have been filed with the county
clerk. it shall be the duty of such officer
holding such property or execution or
proceeds of sale, to proceed in the dispo-
sal thereof as now required by law.


S 8. If before the expiration Of said
forty days, any such certificate of claims
shall have been filed, it shall be the duty
of the officer to keep either the property
taken or the proceeds of sale thereof until
the amounts due the respective creditors,
SO claiming. shall be ascertained by final
judgment; and such delay shall not dis,
solve the lien or security obtained, wheth-
er the same be Oh personal property by
trustee process, or on real estate; but
such lien Or security shall remain good
for forty days of time after the last of
such final judgments shall be rendered,
or the suits be otherwise satisfied and
settled.


Sec 6 When the writ Of the first at
taching plaintiff, or either of said claim
ants, is made returnable to any other
county than the one in which attachment
of property shall be made, or when either
of said plaintiffs shall have sued before
justice Of the peace, aud shall obtain
final judgment before such justice, such
party shall within ten days after final
Judgment in such writ, procure from the
clerk of the court of such county in which
such judgment is rendered, or from such
justice, a certified copy of record of such
judgment, and file the same with the clerk
of the county court in such county in
which such property was taken. and in
case such plaintiff shall omit to do SO, the
division Of the proceeds of attachment,
herein mentioned, shall be made to the
plaintiffs or claimants other than those so
neglectiDg.


Sec. If any one of such plaintiffs
attempting to get security on the same
thing shall suspect any other one of col.
lusion with the defendants, or of attempt
ing to procure a judgment for a greater
sum than is just and right, it shall be
lawful for such plaintiffs, any time before
final judgment, to file in the court where
such suspected suit is pending declara,
tion under oath, Of such his suspicious,
and of his desire to be heard in the prem.
ises and the court thereupon shall give
to such declarant as full an opportunity
of defending such suit as belongs to
principal defendant And the court shall
have full discretion whether to hear the
original defendant and said declarant to.
getber at the same trial, or to allow sep
arate pleadiugs and separate issues. But
if Judgment shall be rendered on the dec.
larant's defense for less sum than in the
issue joined by the defendant, there shall


be judgment for costs in favor of declar'
ant against such suspected plaintiff; and
in either event his proportion of such lier
required by attachment shall be based or


the smallest Of the two findings.


ss. When, in any action returnabl'
before the county court, or appealed t.


the county court, there shall be judgmeD


for the plaintiff during the first tern
thereof after service Of his writ, and ais


when any plaintiff shall take the defen