Year: 1867

II
have full discretion whether to hear
the original defendant and said decla-
rant together at the same trial, or to
allow separate pleadings and separate
issues. But if judgment shall be rem
dered on the declarant's defense for
less sum than in the issue joined BY
the defendant, there shall be judgment
for costs in favor of declarant against
such suspected plaintiff; and in either
event his proportion of such lien ac-
quired by attachment shall be based
on the smallest Of the two findings.


Sec. s. When, in any action return
able before the county court, or ap-
pealed to the county court, there shall
be Judgment for the plaintiff during
the first term thereof after service of


his writ, and also when any plaintiff


shall take the defendants confession
of Judgment, such judgment shall not
be conclusive against such second or
subsequent creditors as may before
the expiration of said forty days, at
tach and claim to participate as afore-
said in the same security. But, on the
contrary thereof, auy or all of said
claimants may, at any time within IL
days of the second term of said coun-
ty court, cite such plaintiff before the
county court and declare against him,
as in the last section permitted, and


have against him the hearing, the priv


ileges, and the remedies therein speci-
fed.


Sec. 8. The clerk of each county
shall keep files of the copies furnished


MIN under this act. He shall also


keep tabular register in which he


shall enter the attachments, copies of


which are brought him in pursuance


of this act, placing in one column the


defendants names. in another the


plaintiffs names, in another the date


of the service, in another the name Of


the officer, in another the court to


which the writ was returnable, in an.


other the addamnum, and in another


column short statement of what pro.


perty is attached; and such clerk shall


at any time exhibit such register tC


any applicant, or answer in writing


any inquiry as to what subsequent


creditors have claimed to participate


in any one attachment, for writing


which answer he shall be entitled to


receive twenty-five cents; and such


certificate of such clerk in writing


shall be sufficient evidence to justify


any sheriff in promising that no other


attaching plaintiffs are claiming to par


ticipate than those so certified by the


clerk, and dividing the proceeds. of


sale accordingly.


Sec. 10. When any creditor, wheth


er first in attaching or one of thoS'


claiming participation, shall deem hi
), security insufficient, he may at an,
time before the expiration of said for


ty days, cause further seizure to bt
made and more property to be attach
ed; and for that purpose, the clerI
shall, in case such writ has been al
. ready entered in court, issue a duph
cate thereof, including the return al


read y made thereon, and certify there
t on that it is issued for additional al
t tachment, and said copy, so certified
: shall have the same force and validity
: as had the original process to justif
1 and require a sheriff or other lega
| officer to attach property. The cler
shall in such case note such issue OF
: such duplicate in his register.


Sec. IL. When any creditor shal
l make additional attachment, as in til
: last preceding section mentioned, tn
l sheriff who shall so attach shall sen
! to the clerk of the court in the count
2 where said writ was first served
= copy of his return thereon; and tn
, creditor or plaintiff who has thu
3 N de additional attachment sha


cause it to be filed and not be entitle


to receive any portion OF the proceed
of the first attachment until he sha
e either furnish bonds, with surety t
r the satisfaction of the clerk, that b
will bring to the officer who made til
e first attachment for division all tt
i proceeds of such second or addition;
d attachment, or shall actually pay
n such officer such proceeds, and a ne!
e lect to comply with this requiremer
e for ten days after receiving the pr
b ceeds of such additional attachmen
r shall forfeit all his lien under his fir
f attachment, and the proceeds therec
!, shall be divided among the other plai
d tiff5 who shall have taken said pro


erty, as in the first section of this a
1T prescribed. .i,-5a--


d Sec. II. Whenever the property a
y tached successfully, as aforesaid,
h differentp'aintiffS, shall turn out to
'e of contested ownership, and suit sha
s be brought, either against the Office
le or either of the plaintiffs, for takiI
1T the same, as also when any suit
IL brought, or such officer fears a So
1T will be brought, by reason of dou
k whether such property is attachabl
n he may deliver such property to Il
m person, and at the place where
d took the same; and such return shs
le be in mitigation of damages, unle
in the plaintiffs, or their attorneys wi
ty have caused him to attach the SAN
# shall within six days after. being I
ne quested, furnish bonds with sure
n reasonably satisfactory to said offic
is that they will defend said suit al
G. pay each his part of the damages, CO


and reasonable expense in the sar
fs proportion as the proceeds are by tt
ne act divisible among such plaintiff
'f and if a portion only of such plai
If tiffs furnish such bonds, and others !