Year: 1867

ment for the plaintiff during the first
term thereof after service of his writ, and
also when any plaintiff shall take the de-
tendants confession of judgment, such
Judgment shall not be conclusive against
such second or subsequent creditors as
may before the expiration of said forty
days, attach and claim to participate as
aforesaid in the same security. But, on
the contrary thereof, any or all 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 declare against him
as in the last section permitted, and have
against him the hearing, the privileges,
and the remedies therein specified


Sec. 9. The clerk of each county
shall keep files Of the copies furnished
him under this act He shall also keep
Il tubular 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 service, in another
the name of the officer, III another the
court to which the writ was returnable,
i'll another the addamnum, and i'll anoth-
er column short statement of what
property is attached and such clerk
shall at any time exhibit such register TO
any applicant, OF answer III writing any
inquiry us 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
participate than those 50 certified by the
clerk, and dividing the proceeds OF sale
accordingly.


Sec. 10. When any creditor, wheth-
Ell first in attaching, or one of those
claiming participation, shall deem his Sc
curity insufficient, he may at any time


before the expiration OF SAID forty days,


cause further seizure to be made and
more property to be attached and for


that purpose, the clerk shall, in case
such writ has been ALREADY entered IN
court issue duplicate th.reof, including


the return already made thereon, and


certify thereon that it is issued for al


ditonal attachment, and said copy, 30


certified, shall have the same force and


validity, as had the original process 10


Justify and require Il sheriff or other lc-


al officer TO attach property The clerk


shall in such case note such issue OF such


duplicate in his register.


Sec. IL. When any creditor shall


make additional attachment. a. in the


last precrlIn" section mentioned, the


sheriff who shall 50 attach shall send tC


the clerk OF the court III the county


where said writ WAS first served 4 copy


OF his return thereon; ami thr creditor
or plaintiff who has thus made additional
attachment shall cause it To be filed, and


not be entitled to receive any portion oI


the proceeds of the first attachment un'
til he shall either furnish bonds, Will
surety to the satisfaction of the clerk


that he will bring to the officer whC
, made the first attachment for division a!
the proceeds OF such second or additional


attachment, or shall actually pay TO sue!
officer such proceeds; and neglect t'


comply with this requirement Tor tel


DAYS after receiving the proceeds OF sucl
additional attachment. shall forfeit Il.
his lien under his first attachment. an,
the proceed, thereof shall be divide,
among the other plaintiffs who shall have
: taken said property, as in the first sec
tion OF this act prescribed.


See. r. Whenever the property at
tached successiveiy. as aforesaid, by dlt
terent plaintiffs, shall turn out TO be
contested ownership, and suit shall b
brought, either against the officer
either of the plaintiffs, for taking til
same. As also, when any suit is brought
or such officer fears a suit Will b
brought, by reason of doubt whethc
: such property is attachablc, he may dc
liver such property TO the person, an
+ at the place where lie took the same
y and such return shall he in mitigation {
Z damages, unless the plaintiffs, or theI
i attorney who have caused him to attac
: the same, shall within six days after b'


inc requested, furnish bonds with suret
I reasonably satisfactory to sad Office
L that they will defend said suit and pa
: each his part Of the damages, cost an
Il reasonable expense in the same propol
II ton rs the proceeds are by this act dlvl
e ible among such plaintiffs; and it a POI
a ton only of such plaintiffs furnish sue
II bonds, and others refuse or neg glect to d'
IS the ultimate proceeds of the attachmel
} shall be applied in satisfaction or pa
II satisfaction of those plaintiffs only WI
l. furnish such security.


ii Sec. Is. When different plaintiff
lie shall have acquired liens on the san
y property, thing or chose in action by VI
p tue of this act, the officers who shall ley
4 execution of the first attaching credlto
OF shall divide the proceeds of sale
n property to those Judgment creditors wi
'r have attached in conformity with I'll
9 act, and complied with the provlslo
Us thereof, i'll the proportions hcrelnbeto
1e ., specified.


NJ Sec. II. This act shall take eift
u from its passage. but shall not apply
sr or impair any attachmen. which has :
'e ready been made.


e See. ID. When real estate shall
r' attached. instead Of dividing the procee
a of It's sale such estate shall be set Off
Is execution to such plaintiffs in commc
IN but in the proportion of their respecti
=" judgments.


an Sec. lG. When either OF the attac
,e meats on any property Is by virtue o.
he county court suit or suit of sequcStratiC
,ei ,,l this act shall apply. When an otli'