Year: 1867

dlys and if, at the expiration, no sucl
certificate of claim of participation shaI
have been iled with the county clerk, i
shall BE- the duty Of such officer hoidin
such property or execution or pruceel Is .
sale, to proceed in he disposal thereof tt
now required 1y law.


Sec D Ii, before the expiration o
said forty days, any such certificate o
claim shall have been flied, it shall be til,
duty of the officer to keep either the pro
perty taken or the proceeds OF the sal,
thereof, until the amounts due tho re
spective creditors 50 claiming, shall bC
ascerIained iy final judgment; an | surl
delay shall not dissolve the lien or seen,
rity Obtained whether the same be or
personal property by trustee process, or
ON real estate; but such lien or security
snail remain good for forty days of time
after the last OF such final judgment shall
be rendered, or the suits be otherwise
satisfied aud settled.


Sec 6. When the writ of tho first
attaching plaintiff, or either of said claim
ants. is made returnable to any other
county than the one in which such at.
tachment OF property shall be made, or
when either Of said plaintiffs shall have
sued before "a justice Of the peace an
shall obtain final ju lgmcnt before such
justice, snth party shall within ten DAYS
after final judgment in such writ, procure
from the c.erk of the court Of such county
in which such judgment is rendered, or
frcm such justice. II certified copy Of rec
ord Of such .jud d5inent, anl file the same
with the clerk of the county court in .uch
county in which said property was taken
and IN case such plaintiff shall omit to do
80, the division Of the proceeds of attach
ment, herein mentioned, shall be made to
the plaintiff, or claimants other than these
% ncglccing.


Sec. I. If any one Of such plaintiffs
attempting to get security on the same
thing shall suspect any other one Of cUllu
sion with the defendants, or Of attempting
TO procure a Judgment for Il greater sum
than Is ju-t and right, it shall be lawful
for such plaintiff, any lime before final
judgment, TO file in the court where snch
suspected suit is pendiog, Il declaration
under oath. OF Such his suspicious, and of
his desire TO be heard in the premises {;
and The court thereupon shall give to such
declarant AS full an opportunity Of defend.
ing such ,ult as belongs to Il principal de-
trndant And the court shall have fall
discretion whether to hear the original
defendant and said dtc,arant togrthcr at
the same trial, or to allow separate plead
lngs and separate issues But if iulg-
ment shall be rendered on the declarant's :
defense Tor less SUN than in the issue
joined by the defendant, there shnl. be
Judgment for COSTS in favor Of declarant
against such suspected plaintiff; and in
either event his proportion OF such lien
acquired by attachment shall be based on
the smallest OF the two findings.


Sec. s When IN any acton return.
able before the county court, Or appealed to
the county court, there shall be judgment
or the plaintiff during the first term thereof
after service of his writ, and also when any
plaintiff shall take the Defendants confes-
sion oi il! '!Enent, SUCH Judgment shall not
be conclusive against such second or sub
segment creditors as may before the expi-
ration ot 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
tune within twelve days of the second
tf.rf n sud
plaintiff before the county colrt and de-
clare against him, as in the last section
permitted, and have az inst him the hear.
m.g the pry;lcg :, and the rem dies there's
III -pacIiied


See. g. The clerk OF each county shall
keep flies Of The copies furnished hun un,
der this act. lie shall also keep n .abu-
lar register in which he shall enter the
attachments, copies of which are brought
hun in pursuance of this act, placing m
one column the defendants names, IN nn-
other the plaintiffs names, 10 another the
date OF the service, in another the name
OF the officer, in another the court Ia
which the writ was returnable, in another
the addamnum, and in another column a
short statement Of what property is at
tachei and such clerk shall at any time
exhibit such register to amy applicant, or
answer in writing any inquiry as to what
subsequent creditors have cl ,imed to par
ticlpate in any one attachment, for writ
ing which answer he shall be entitled TO
receive twenty-five cents; AMI such Ger.
tliiratc of sGch clerk in writing shalt be
sufficient evidence TO ia tily any sheriff iu
promising that no other attaching plain
ulls are claiming to participate than those
50 certified by the clerk, and dividing the
proceeds of sale accordingly.


SEC. 10. When any creditor, whether
first in attaching or one of thus. claiming
par icipaIion, shall deem his security in
sufficient, he may at any time befo the
expiration of said forty days, cause fur.
ther seizure to be made and more proper
iy to be attached and for that purpose,
the clerk shall, in case such writ has been
already entered in court, issue duplicate
thereof, including the return already made
thereon, and certify thereon that it is is
sued for additional attachment, and said
copy, SO certified, shall have the same
fol ce and validity, as had the original
process TO justify and require sheriff or
other legal officer TO attach property