Year: 1867

attach and claim to participate as afore-
said in the same security. But on the
contrary thereof, any or ali of said
claimants may, at any time within twelve
days Of the second term of said county
court, cite such plaintiff before the county
court and delare against him, as In the
last section permitted, and have against
him the hearing, the privileges, aud the
remedies therein specified


50. The clerk Of each county shall
keep files of the copies furnished him un-
der this act. He shall also keep tabular
register in which he shall enter the attach
ments, copies of which are brought him in
pursuance of this act, placing in one COL
umn the defendants names, in another
the plaintiffs names, in another the date
of the service, in another the names, of
the officer, in another the court to which
the writ was returnable in another column
short statement of what property is at
tached and such clerk shall at any time
exhibit such register to any applicant, or
answer in writing any inquiry as to what
subsequent creditors have claimed to par
ticipate in any one attachment, for writ
ing which answer he shall be entitled to
receive twenty-five cents; and such cer-
ti6cate of such clerk in writing shall be
sufficient evidence to justify any sheriff
in promising that no other attaching
plaintiffs are claiming to participate than
those so certified by the clerk, and divid-
ing the proceeds of sale accordingly.


s 10. When any creditor, whether
first in attaching, or one of those claiming
participation, shall deem his security in
sufficient, he may, at any time before the
expiration of said forty days, cause furth-
er seizure to be made and more property
to he attached and for that purpose, the
clerk shall, in case such writ has been al.
ready entered in court, issue duplicate
thereof including the return already made
thereon, aud certify thereon that it is
issued for additional attachment, and
said copy, SO certified, shall have the
same force and validity as had the.origin-
al process to justify and require sheriff
or other legal officer to attach property.
The clerk shall in such case note such
issue of such duplicate in his register.


s IL. When any creditor shall make
additional attachment, as in the last pre-
ceding section mentioned, the sheriff who
shall so attach shall send to the clerk Of
the court in the county where said writ
was first served a c,py of his return
thereon; and the creditor or plaintiff
who has thus made additional attachment
shall cause it to be fled and not be en-
titled to receive any portion of the pro
ceeds of the first attachment until he shall
either furnish bonds, with surety to the
satisfaction Of the clerk, that he will
bring to the officer who made the first
attachment for division all the proceeds
of such second or additional attachment
or shall actually pay to such officer such
proceeds; and neglect to comply With
this requirement for ten days after receiv
ing The proceeds of such additional attach
meat, shall forfeit all his lien under the
first attachment. and the proceeds thereof
shall be divided among the other plain
tiffs who shall have taken said property.
as in the first section Of this act prescri-
bed.


5 IL. Whenever the property attach
ed successfully, as aforesaid, by different
plaintiffs shall turn out to be of contested
ownership, and suit shall be brought,
either against the officer or either of the
plaintiffs, for taking the same, as also
when any suit is brought, or such officer
fears suit will be brought, by reason Of
doubt whether such property is attachable,
he may deliver such property to the per.
son and at the place where he took the
same and such return shall be in miti-
CATION of damages, unless the plaintiffs,
or their attorneys, who have caused him
to attach the same, shall within six days
after being requested, furnish bonds with
surity reasonably satisfactory to said
officer that they Will defend said suit and
pay each his part Of the damages, cost,
and reasonable expense in the same pro-
portion as the proceeds are by this act
divisible among such plaintiffs and il
furnish portion only of such plaintiffs
such bonds and others refuse or neglect
to do, the ultimate proceeds Of the attach.
meut shall be applied in satisfaction OF
part satisfaction Of those plaintiffs only
who furnish such security.


sl3. When different plaintiffs shall
} have acquired liens on the same property
thing. or chose in action by virtue Of thi'
act, tho officers who shall levy execution
Of the first attaching creditor, shall di
!, vide the proceeds OF sale ofJproperty t
those judgment creditors who have attach