special bail, if thereunto ruled by the court, such sheriff and security shall be subject to the same judgment and recovery, and have the same liberty of defence and relief, as if such security had been taken upon the execution of mesne process." 6. (2 Rev. Code, p. 99. sect. 4.) "In all cases of attachments, the defendant shall be admitted to make defence, and any other person claiming the property attached may interplead, without giving bail: provided, that the property attached shall not thereby be replevied." 7. (Ibid. sect. 3.) "Whenever the goods and chattels taken by virtue of any attachment shall be claimed by any person, other than such debtor, the court shall immediately (unless good cause be shewn by either party for a continuance) direct a jury to be impannelled, to inquire into the right of property; (D) and in all cases where the jury find for the claimant, such claimant shall be entitled to costs; and where the jury find for the plaintiff in the attachment, such plaintiff shall recover his costs against the claimant." (A) Warrant of attachment: (On sect. 6. of 1 Rev. Code, p. 116.) County, to wit: To the sheriff or constable of the said county. Whereas A. C. hath this day complained before me J. P. a justice of the peace for the said county, that B. D. is indebted to him in the sum of with interest thereon from the , and day of that the said B. D. is removing out of the said county privately (or absconds, or conceals himself) so that the ordinary process of law cannot be served upon him: These are therefore, in the name of the commonwealth, to require you to attach the estate of the said B. D. or so much thereof as shall be of value sufficient to satisfy the said sum of , together with interest † thereon from the day of and the costs; and such estate so attached in your hands to secure, or so to provide that the same may be liable to further proceedings thereon to be had at the next court to be held for this county; and that you then and there make returns how you have executed this warrant. Given under my hand, &c. (B) Bond to be executed by the party for whom an attachment is issued, previously to granting it: (under sect. 7. of 1 Rev. Code, p. 116.) Know all men by these presents, that we A. C. and A. S. are held and firmly bound to B. D. in the sum of of lawful money of Virginia, to be paid to the said B. D. his certain attorney, his executors, See note 2 ante. pa by which it appears that any process of attach ment may be served by a constable. + It has been decided that the court cannot give judgment for interest, unless it be demanded in the attachment. See 3 Call. 455. administrators or assigns; for the true payment whereof webin dour* selves jointly and severally, our joint and several heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated this in the year of our lord day of The condition of the above obligation is such, that whereas the above bound A. C. hath this day obtained from J. P. a justice of the peace for the county of , an attachment against the estate of the above named B. D. for the sum of , returnable to the next county court; if therefore the said A. C. shall satisfy and pay all costs which shall be awarded to the said B. D. in case the said A. C. shall be cast in the said suit, and also all damages which shall be recovered against the said A. C. for his suing out this attachment; then the above obligation to be void, else to remain in full force. Signed, sealed and delivered, before (C) Bond to the sheriff or officer levying an attachment: (On sect. 8 of 1 Rev. Code, p. 116.) , (or coroner, current money Know all men by these presents, that we B. D. and B. S. are held and firmly bound to A. S. sheriff of the county of or constable, as the case may be) in the sum of of Virginia, to be paid to the said A. S. his certain attorney, his executors, administrators or assigns; for the true payment whereof we bind ourselves jointly and severally, our joint and several heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this in the year day of The condition of the above obligation is such, that whereas an attachment from J. P. a justice of the peace for the county of against the estate of the above bound B. D. hath been levied upon sundry goods and chattels of the said B. D. by D. S. a deputy for A. S. sheriff of the county of (or A. C. coroner, or constable) which have been restored to him the said B. D. upon his entering into this bond, with security as the law directs; if therefore the said B. D. shall appear at the next court to be held for this county, and answer to the said attachment, and abide by and perform the order and judgment of the said court thereupon, then, &c. (D) Interpleader, where the property attached is claimed by another person: (On sect. 3. of 2 Rev. Code, p. 99.) A. C.. V. Upon an attachment, issued by J. P. a justice of the peace B. D. • As this bond is conditioned for the appearance of the party at court, and op erates in every respect as a bail bond, it seems on principle that it ought to be made payable to the officer who levies the attachment. And although the original law only speaks of the sheriff or other officer (at that time the coroner) yet, as a subsequent law has given power to constables to serve any attachments, there is the same propriety in making the bond payable to them. i G. I. by C. F. his attorney, comes, and as well at the suit of the. said A. C. as at the suit of the said B. D. defends the wrong and injury, &c. when, &c. and saith, that on the year day of day of in the at the county of an attachment from J. P. a justice of the peace for the county aforesaid, was issued against the estate of the said B. D. directed to the sheriff of ,(or coroner, or constable, as the case is) by virtue whereof a certain A. S. sheriff, or coroner or constable, as the case may be, did, on the at the county of levy the said attachment on divers goods, and chattels, to wit, (here describe the property) as and for the goods and chattels of the said B. D. And the said G. I. in fact saith that neither at the time of issuing nor of levying the said attachment, in manner and form aforesaid were the said goods and chattels, or any part thereof, the property of the said B. D. but on the contrary the same, and every of them, were the proper goods and chattels of the said G. I. to wit, at the county aforesaid; and this he is ready to verify. Wherefore he prays judgment whether the court will grant judgment and award execution, directing a sale of the said goods and chattels as the property of the said B. D. to satisfy the said A. C. of his debt and costs in the said attachment mentioned. (E) Replication to the above plea. And the said A. C. saith, that he, by reason of any thing by the said B. D. above in pleading alledged, ought not to be precluded from having judgment and execution thereon, directing a sale of the goods and chattels in the plea of the said B. D. mentioned, because he saith that at the time of issuing and of levying the said attachment, the said goods and chattels, and every part thereof, were the proper goods and chattels of the said B D. and not of the said G. I. and this he prays may be inquired of by the country, &c. II. WHERE THE CREDITOR HAS GROUNDS TO SUS- 8. (1 Rev. Code, p. 116. sect. 10.) "Any creditor, where his debt doth not exceed twenty dollars, or one thousand pounds of tobacco, may go before any justice of the peace of the county or corporation where his debtor resides, and make oath how much is justly due to him, and that he hath grounds to suspect, and verily believes that such debtor intends to remove his effects; and thereupon such justice shall issue an attachment (F) against the estate of such debtor, returnable to his next county or corporation court, directed to all sheriffs, serjeants, and constables within the commonwealth; and by virtue thereof it shall be lawful as well for the sheriff, serjeant, or any constable of the county or corporation, where such attachment shall be btained, as for the sheriff, serjeant, or any constable of other counties or corporations, to pursue and seize such effects, and to make return of such attachment to the court where the same shall be returnable; and thereupon such proceedings shall be had without a petition, as in other cases of attachments." (F) Warrant of attachment: (On sect. 10. of 1 Rev. Code, p. 116.) County, to wit: To all sheriffs, serjeants and constables within the commonwealth of Virginia. Whereas A. C. of, &c. hath this day complained and made oath be. fore me I. P. a justice of the peace for the county aforesaid, that C. D. of the same county, is justly indebted to him in the sum of , (by obligation, account, &c. as the case may be) with interest thereon from the day of &c. and that he the said A. C. hath grounds to suspect and verily believes, that the said B. D. intends to remove his effects: These are therefore, in the name of the commonwealth, to require you, and every of you, within your respective counties, corpora tions and precints, to pursue and seize the effects of the said B. D. or so much thereof as will be sufficient to satisfy the said debt, with interest thereon as aforesaid, and costs; and the same in your hands to secure, or so to provide that the same may be liable, upon further proceedings thereon to be had at the next court to be held for the said county of , to which you are to make return how you have executed this warrant. Given under my hand, &c. III. WHERE THE DEBT DOES NOT EXCEED TEN DOLLARS, OR TWO HUNDRED POUNDS OF TOBACCO. 9. (1 Rev. Code, p. 117. sect. 11.) Upon complaint made to a " justice of peace, that any person indebted to the complainant in any less sum than five dollars,* or two hundred pounds of tobacco, is removing out of the county or corporation privately, or so absconds or conceals himself that a warrant cannot be served upon him, such justice shall, taking bond and security, as in this act is before directed (antea, No. 3.) grant an attachment (G) against the estate of such debtor, or so much thereof, as shall be sufficient to satisfy the debt and costs of the party praying such attachment, directed to the sheriff, or any constable of his county, or serjeant or any constable of his corporation, and returnable before himself, or any other justice thereof, who shall and may proceed thereupon, as upon an attachment returnable to the county or corporation court." (G) Warrant of attachment: (On sect. 11. of 1 Rev. Code, p. 117.) to wit: To the sheriff, or any constable of the said county, (or serjeant, &c. of the said corporation, as the case may be.) day of Whereas A. C. hath this day made complaint before me I. P. a justice of the peace for the county aforesaid, that B. D. is indebted to him in the sum of with interest thereon from the &c. and that the said B. D. is removing out of the said county privately (or so absconds, or conceals himself) that a warrant cannot be served upon him: I therefore command you to attach the estate of the said B. D. or so much thereof as shall be of value sufficient to satisfy the said debt, together with interest thereon as aforesaid, and the costs, and the same in your hands to secure, so as to be liable to further proceedings thereon to be had according to law; and that you make return before me, or some other justice of the peace for this county, how you have executed this warrant. Given, &c. The bond may be the same as antea, form (B) except that in the condition, instead of saying "returnable to the next county court," you say, "returnable before I. P. or some other justice of the peace for the county of &c. IV. OF MATTERS COMMON TO ALL THE FOREGOING SPECIES OF ATTACHMENTS. 10. (1 Rev. Code, p. 117. sect. 12.) If any attachment returnable to the county or corporation court, or before a justice of peace, shall be returned executed, and the goods or effects attached shall not be replevied as this act directs [see antea, No. 4.] the plaintiff shall be entitled to a judgment for his whole debt, and may take execution thereupon; and all goods and effects attached and not replevied, as aforesaid, shall be sold and disposed of, for and towards satisfaction of the plaintiff's judgment, in the same manner as goods taken in execution upon a writ of fieri facias. And where any attachment shall be return. ed served in the hands of any garnishee, it shall be lawful, upon his or her appearance and examination in the manner by this act before directed [see antea, No. 1.] to enter up judgment and award execution against every such garnishee or garnishees, for all sums of money due from him, her, or them, to the person absconding, or in his, her, or their custody or possession, for the use of such person, or so much thereof as shall be of the value sufficient to satisfy the debt and costs of the complainant ; and all goods and effects whatsoever, in the hands of any garnishee or garnishees, belonging to such absconding person, shall be liable to satisfy such judgment.' 11. By the attachment law (1 Rev. Code, p. 117. sect. 13.) the officer levying an attachment on live stock was bound to furnish it with |