Year: 1867

1t is hereby enacted as follows:


Sec. l. The lien shall be created by
the first attachment on mesne process,
trustee process, or sequestration in
chancery when analogous to attach
ment, on any property, estate, or chose
in action, shall not be paramount to
the rights of all subsequent attaching
creditors; but, On the contrary, such
subsequent attaching creditors as shall
within the time in this act specified,
adopt the measure herein required,
may participate in the proceeds ofsuch
property, estate or chose in action,
each in proportion to the amount of
the judgments he shall finally recover.


Sec. 2. When the second or snbse-
quent creditor shall desire to attach
property or estate which has been al
ready taken as aforesaid, he, in order
to create lien thereon equal to and
not subject to such prior attachment,
shall if the return day of such prior
writ has not arrived, place his own
writ in the hands of the sheriff or off
Ger who has already taken such prop
erty; and such officer shall, in behalf
of such second or subsequent plaintiff,
attach the same property, make return
that he has done so, and make and de-
liver to such second or subsequent
plaintiff, attach the same property,
make return that he has done so, and
make and deliver to such second or
subsequent plaintiff, or his attorney,
certified copy of such second or sub
sequent writ, and of such return; in
which return such officer shall certify
that such second or subsequent plain
tiff claims to participate in the avails
of such prior attachment; and such
officer shall also make and deliver a
certified copy of such prior writ, and
a list of the property, estate, or chose
in action, attached thereon-which
copies shall within twenty days be by
such second or subseqent plaintiff filed
in the office of the clerk of the county
court for the county in which such
first attachment was made. Such sub
sequent plaintiff shall pay the officer
for said copies at the rate now allow.
ed by law, shall at his own expense
cause said copies to be filed as afore
said, with said county clerk, and shall
pay said clerk twenty FIVE cents costs
for filing said papers.


Sec. g. If at the time of such claim
to participate in such lien, the prior
writ has alread Y been entered in court
such second or subsequent writ may
be served by the same or any Other
officer, and such officer, in his return
and copy thereof for filing in the
clerks Office, shall be required to give
no further description of the property
attached than to refer therefor to sucl


first writ, designating the same anC


stating the names of the parties anC


the name of the officer who served th,


same, and shall not be required tt


take possession of such property.


Sec. 4. Such subsequent applican


may at any time make such attachmen


and claim, until forty days shall hav'


expired from the rising of the count,


court, at the first term to which sucl


first writ was made returnable, ant


the officer who attached such property


or shall have taken the same on exc


cution, shall continue to hold such pro


perty or its avails until the expiration


of such forty days; and if, at the ez


piration, no such certificate of clain


of participation shall have been file,


with the county clerk, it shall be th


duty of such officer holding such pre-
perty or execution or proceeds of sale
to proceed in the disposal thereof a


now required by law.


Sec. 5. If, before the expiration Of
said forty days, any such certificate O.
claim shall have been filed, it shall b
the duty of the officer to keep eithe
| the property taken or the proceeds o
: sale thereof, until the amounts due tn
t respective creditors, so claiming, sha
be ascertained by final judgment; an
| such delay shall not dissolve the lie
, or security obtained, whether the sam
2 be on personal property by truste
+. process, or on real estate; but sue


lien or security shall remain good fo
forty days of time after the last 0
: such final judgment shall be rendere'
. or the suits be otherwise satisfied an


settled.


Sec. 6. When the writ of the FIR
: attaching plaintiff, or either of sal
!, claimants, is made returnable to ar
a other county than the one in whiC
e such attachment of property shall
e made, or when either of said plaintiff
shall have sued before justice of t!
J, peace, and shall obtain final judgmeI
d before such justice, such party sha
e within ten days after final judgme
. in such writ, procure from the clel


of the court OF such county in whi,
s such judgment is rendered, or fro
i such justice, a certified copy of recol
1t of such judgment, and file the san
1t with the clerk of the county court
is such county in which such proper
II was taken, and in case such plainti


shall omit TO do so, the division OF t
proceeds of attachment, herein me
o toned, shall be made to the plainti
l. or claimants other than those so nc
# lecting.


/. Sec. 7. If any one OF such plainti
lie attempting to get security on the sar
IS thing shall suspect any other one
. collusion with the defendants, or
d attempting to procure a Judgment
Is a greater sum than is just and rig
Iy it shall be lawful for such plalntli
g any time before final judgment, to


l.. Il Q