CHAP. XI. Qualifica $213. The qualifications of sureties and their justification, shall be as are prescribed by sections 194 and 195, in respect tions and to bail upon an order of arrest. justification of sureties. when con building or $214. If the property or any part thereof be concealed in Property, a building or enclosure, the sheriff shall publicly demand its how taken delivery. If it be not delivered, he shall cause the building cealed in or enclosure to be broken open, and take the property into enclosure. his possession; and if necessary he may call to his aid the power of his county. 3 S. S. C., 711. how kept. $215. When the sheriff shall have taken property, as in this Property chapter provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same. 25 How. P. R., 281. property by $216. If the property taken be claimed by any other per- Claim of son than the defendant or his agent, and such person shall third permake affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title and serve the same upon the sheriff; the sheriff shall not be bound to keep the property, or deliver it to the plaintiff unless the plaintiff on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking, executed by two sufficient sureties accompanied by their affidavits, that they are each worth double the value of the property as specified in the affidavit, of the plaintiff and freeholders and householders of the county. And no claim to such property by any other person than the defendant or his agent, shall be valid against the sheriff unless made as aforesaid, and notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity. 6 Ab., 189. $217. The sheriff shall file the notice and affidavit with his proceeding thereon, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein. Ch. 484 of Laws of 1862 extends this chapter to the Marine and District CHAPTER III, INJUNCTION. SEC. 218. Writ of injunction abolished, and order substituted. 219. Injunction, in what case granted. 220. At what time it may be granted. 221. Notice, when required. Temporary injunction. 222. Security upon injunction. Damages, low ascertained. 223. Order to show cause why injunction should not be granted. 224. Security upon injunction to suspend business of corporation. 225. Motion to vacate or modify injunction. 226. Affidavits, on motion. $218. The writ of injunction as a provisional remedy is Writ of inabolished; and an injunction, by order, is substituted there- abolished, junction PART HI. and order for. The order may be made by the court in which the action substituted. is brought, or by a judge thereof, or by a county judge, in the cases provided in the next section; and when made by a judge, may be enforced as the order of the court. Injunction. in what cases granted. At what time it may 9 How. P. R., 425; 5 Ab., 251; 4 Ab., 126, 224. $219. Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which during the litigation would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens, or is about to do, or procuring or suffering some act to be done in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition. 13 N. Y., 290; 30 B., 448, 559; 25 B., 411; 24 B., 188; 17 B., 229, 445; 16 B., 537; 19 How. P. R., 54, 397; 16 How. P. R., 164; 14 How. P. R., 470; 11 How. P. R., 562; 9 How. P. R., 425; 8 How. P. R., 169; 7 How. P. R., 17, 481; 6 How. P. R., 92, 126, 341, 456; How. P. R., 293, 437, 464; 11 Ab., 87, 220, 473; 7 Ab., 323; 4 Ab., 323; 3 Ab., 182; 1 Ab., 81, 212; 16 Ab., 247. $220. The injunction may be granted at the time of combe granted. mencing the action, or at any time afterwards, before judgment, upon its appearing satisfactorily to the court or judge, by the affidavit of the plaintiff, or of any other person, that sufficient grounds exist therefor. A copy of the affidavit must be served with the injunction. Notice, quired. 13 N. Y., 490; 9 N. Y., 277; 17 B., 229; 8 B., 176; 19 How. P. R., 54; 15 How. P. R., 397; 5 How. P. R., 272; 13 Ab., 181; 10 Ab., 472; 6 Ab., 90;18 Ab., 115, 372. S221. An injunction shall not be allowed, after the defenwhen re- dant shall have answered, unless upon notice, or upon an Temporary order to show cause; but in such case the defendant may be injunction. restrained, until the decision of the court or judge, granting or refusing the injunction. Security upon injunction. Damages how ascer taiuod. S 222. Where no provision is made by statute, as to security upon an injunction, the court or judge shall require a written undertaking, on the part of the plaintiff, with or without sureties, to the effect that the plaintiff will pay to the party enjoined such damages, not exceeding an amount to be specified, as he may sustain by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference, or otherwise, as the court shall direct. 18 N. Y., 464; 28 B., 644; 7 B., 35; 6 B., 543, 562; 19 How. P. R., 54; 15 How. P. R., 325; 11 How. P. R., 270; 9 How. P. R., 225; 6 How. P. R., 30; 12 Ab., 189; 10 Ab., 472; 4 Ab., 223; 3 Ab., 391; 2 CHAP. XI. show cause junction $223. If the court or judge deem it proper that the defen- order to dant, or any of several defendants, should be heard before why ingranting the injunction, an order may be made requiring should not cause to be shown, at a specified time and place, why the be granted. injunction should not be granted; and the defendant may in the meantime be restrained. 18 N. Y., 464; 9 N. Y., 94; 6 B., 543, 562. upon in suspend bu $224. An injunction to suspend the general and ordinary Security, business of a corporation, shall not be granted, except by the junction to court or a judge thereof. Nor shall it be granted, without siness of due notice of the application therefor, to the proper officers corporation of the corporation, except where the people of this state are a party to the proceeding, and except in proceedings to enforce the liability of stockholders in corporations and associations for banking purposes, after the first day of January, one thousand eight hundred and fifty, as such proceedings are or shall be provided by law, unless the plaintiff shall give a written undertaking, executed by two sufficient sureties, to be approved by the court or judge, to the effect that the plaintiff will pay all damages, not exceeding the sum to be mentioned in the undertaking, which such corporation may sustain, by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference, or otherwise, as the court shall direct. 1 Ab., 228. $ 225. If the injunction be granted by a judge of the court, or by a county judge, without notice, the defendant at any time before the trial, may apply, upon notice, to a judge of the court in which the action is brought, to vacate or modify the same. The application may be made upon the complaint and the affidavits on which the injunction was granted, or upon affidavits on the part of the defendant, with or without the answer. 17 B., 230; 8 B., 176, 440; 6 How. P. R., 183; 13 Ab., 181; 12 Ab., Motion to modify in vacate or junction. on motion $226. If the application be made upon affidavits on the Affidavits, part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the injunction was granted. 8 B., 176; 10 How. P. R., 540; 5 How. P. R., 265; 12 Ab., 159; 8 Ab., CHAPTER IV. ATTACHMENT. SEC. 227. Property of foreign corporations and of non-resident or absconding or con cealed defendants may be attached. 228. Warrant by whom granted. 229. In what cases warrant may be granted. PART III. Actions against cor non-resi SEC. 230. Security on obtaining warrant. 231. Warrant, to whom directed, and what to require. 232. Mode of proceeding in executing warrant. 233. Proceeding in case of perishable property or vessels. 234. Interest in corporations or associations, liable to attachment. 235. Attachment, how executed on property incapable of manual delivery. 236. Certificate of defendant's interest to be furnished by corporation. 237. Judgment, how satisfied. 238. When action to recover notes, &c., of defendant, may be prosecuted by plaintiff in the action in which the attachment issued. 239. Bond to sheriff on attachment, how disposed of, on judgment for defendaut. 240. Discharge of attachment and return of property, or its proceeds, to defend ant, on his appearance in action. 241. Undertaking on the part of the defendant. 242. When sheriff to return warrant and proceedings thereon. $227. In an action arising on contract for the recovery of porations, money only, or in an action for the wrongful conversion of dents, &c. personal property, against a corporation created by or under the laws of any other state, government or country, or against a defendant who is not a resident of this state, or against a defendant who has absconded or concealed himself, or whenever any person or corporation is about to remove any of his or its property from this state, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete any of his or its property with intent to defraud creditors, as hereinafter mentioned, the plaintiff, at the time of issuing the summons, or any time afterwards, may have the property of such defendant or corporation attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover; and for the purposes of this section an action shall be deemed commenced when the summons is issued; provided, however, that personal service of such summons shall be made, or publication thereof commenced within thirty days. Warrants, by whom granted. In what cases war. rant may As amended by Laws of 1857, ch. 723 1866, ch. 824. S228. A warrant of attachment must be obtained from a judge of the court in which the action is brought, or from a county judge. 30 B., 62; 12 B., 265; 9 Ab., 336. $229. The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendbe issued. ant, specifying the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this state, or has departed therefrom with intent to defraud his creditors, or to avoid the service of CHAP. XI. a summons, or keep himself concealed therein with the like intent, or that such corporation or person has removed or is about to remove any of his or its property from this state, with intent to defraud his or its creditors, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete any of his or its property, with the like intent, whether such defendant be a resident of this state or not. It shall be Affidavits the duty of the plaintiff procuring such warrant, within ten days after warrant the issuing thereof, to cause the affidavits on which the same was was grant granted, to be filed in the office of the clerk of the county in which filed in the action is to be tried. Amended by Laws of 1857, ch. 723; 1860, ch. 459. 18 B., 142; 22 How. P. R., 725, 365; 20 How. P. R., 93; 19 How. P. on which ed to be County clerk's office. obtaining warrant. §230. Before issuing the warrant, the judge shall require a written Security on undertaking on the part of the plaintiff, with sufficient surety, to the effect that, if the defendant recover judgment, or the attachment be set aside by the order of the court, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars. As amended by Laws of 1862, ch. 460. 8 B., 656; 5 How. P. R., 386; 12 Ab., 63; 10 Ab., 424. to whom to require. § 231. The warrant shall be directed to the sheriff of any county in Warrant, which property of such defendant may be, and shall require him to at- directed, tach and safely keep all the property of such defendant within his and what county, or so much thereof as may be sufficient to satisfy the plaintiff's demand together with costs and expenses. The amount of which must be stated in conformity with the complaint, together with costs and expenses. Several warrants may be issued at the same time to the sheriffs of different counties. As amended by Laws of 1851, ch. 479. 27 B., 468; 18 B, 56; 9 How. P. R., 119; 8 How. P. R., 77; 13 Ab., in execut rant. 232. The sheriff to whom such warrant of attachment is directed Mode of and delivered, shall proceed thereon in all respects, in the manner re- proceeding quired of him by law in case of attachments against absent debtors, ing war shall make and return an inventory, and shall keep the property seized by him, or the proceeds of such as shall have been sold, to answer any judgment which may be obtained in such action, and shall, subject to the direction of the court or judge, collect and receive into his possession all debts, credits and effects of the defendant. The sheriff may also take such legal proceedings either in his own name or in the name of such defendant, as may be necessary for that purpose, and discontinue the same at such times and on such terms as the court or judge may direct. 32 B., 502; 31 B., 89; 27 B., 468; 12 B., 287; 20 How. P. R., 345; 14 How. P. R, 347; 13 Ab., 181, 254, 443; 12 Ab., 160, 401; 11 Ab., 6; 10 Ab., 95, 290; 9 Ab., 329; 8 Ab., 121; 3 F. D. S., 117, 428; 35 N. Y., 322; 43 B., 875; 42 B., 607; 19 Ab., 478; 18 Ab., 237; 15 Ab., 399; 31 How. P. R., 504; 28 How. P. R, 130. ings in case 8233. If any property so seized shall be perishable, or if any part Proceedof it be claimed by any other person than such defendant, or if any of perishpart of it consist of a vessel, or of any share or interest therein, the able propsame proceedings shall be had in all respects as are provided by law vessels. apon attachments against absent debtors. 27 B., 468; 14 How. P. R., 347; 27 N. Y., 603; 39 B., 209. erty or |