Year: 1867

issue duplicate thereof, including the re-
turn already made thereon, and certify there
on that it is Issued for additional attachment.
and said copy, so certified, shall have th G
same force and validity, as had the original
process to justify and require sheriff or
other legal cfflccr TO attach property. The
clerk shall in such case note such issue Of
such duplicate In his register


SEC. IL. When any creditor stall make
additional attachment, as in the last preced-
ing esction mentioned, the sheriff who shall
50 attach shall send to the clerk of the court
In the county where said writ was first served
a copy of his return theron ; and the creditor
or plaintiff who has thus made additional at
tachment shall cause it to be fled and not
be entitled to receive any portion OF the pro-
cecds of the first attac chment until he shall
either furnish bonds, with surety to the sat-
isfacton Of the clerk. that he will bring to
the officer who made the first attachment for
division ali the proceeds of such second or
additional attachment, or shall actually pay
to such officer such proceeds; and q neglect
20 comply with this requirement for ten days
after receiving the proceeds OF such addition
al attachment, shall forfeit all his lien under
bis first attachment, and the roceeds thereof
shall be divided among the other plaintiffs
who shall have taken said property, as in the
first section OF this act prescribed





successfully, as aforesaid, by different plain
tffs, shall turn out to be of contested owner
ship, and suit shall be brought, either against
the officer either Of the plaintiffs, for tax
ing the same, also when anv suit is
brought, or such officer fears a suit will be
brought, by reason of doubt whether such
property is attachable, he NAV deliver such
property 70 the person, and at the place
where he tool, the same; and such return
shall be in mitigation 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
surety 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 proportion as the pro
ceeds are by this act diysible among such
plaintiffs and if a portion only Of such
plaintiffs furnish such bonds, and Others re
fuse or neglect to do, the ultimate proceeds
of the attachment shall he applied in salts
faction or part satisfaction Of those plaintiff.
only who furnish such security.


SEC. l3. When different plaintiffs shall
have acquired liens Oh the same property,
thing or chose III action By virtue Of this act.
the officers who shall levy execution OF the
first attaching creditor, shall divide the pro-
ceeds of sale Of property 10 those judgment
creditors who have attached in conformity
with this act, and complied with the pro-
visions thereof in the proportions herein
before specified.


SEC. IL This act shall take effect from
its passage. but shall not apply TO or impair
any attachment which has already been made.


SEC. - When real estate shall lie at
tached, instead Of dividing the proceeds Of
ts sale such estate shall be set off on cxccu-
ton to such plaintiffs in common, but in the
of their respective judgments.


SEC. l6. When either Of the attachments
IN any property is by virtue Of county
court suit or suit of sequestration, this act
shall apply. When an officer serving coun-
" court writ shall have already attached on
lne or more justice writs, he shall file with
the clerk copies Of such justice writs and
the returns thereon, as hereinbefore required
IN case OF other prior attachments.


ADprOyel Nov 81 1867