unless the plaintiff files with the justice, the affidavit Previous oath. of himself or of some credible person, stating that the plaintiff is lawfully entitled to the property mentioned in the declaration, that the same was wrongfully detained by the defendant, and that the plaintiff's rightof action has accrued within one year.

the writ.

SECTION 4. The writ of replevin shall command Substance of the officer to whom it is directed, to cause (if the plaintiff gives the security required by law) the goods and chattels mentioned in the declaration, to be delivered to the plaintiff without delay, and to summon the defendant to appear before the justice on the return day of the writ, and answer the plaintiff in the premises.

SECTION 5. No writ of replevin shall be executed Bond. until the plaintiff enters into a bond to the officer to whom the writ is directed, with sufficient security, in double the value of the property, to be ascertained by the officer, conditioned that he will prosecute the suit with effect, and without delay make return of the property, if the return thereof be adjudged, and keep harmless the officer touching the replevying the property.

SECTION 6. Upon the receipt of the writ, and the Writ, how bond required by this article, the officer shall without executed. delay execute the writ, by causing the property mentioned in the declaration to be delivered to the plain

tiff, and by summoning the defendant according to the tenor of the writ.

SECTION 7. The defendant may plead that he is Effect of plea of not guilty of the charge alleged against him, and this "not guilty." plea shall put in issue not only the right of the plaintiff to the possession of the property mentioned in the declaration, but also the wrongful taking and detention thereof.

the plaintiff

cute with effect

fails to prose

SECTION 8. If a plaintiff in replevin fails to prose. If cute his suit with effect and without delay, the justice or jury, shall assess the value of the property taken, and the damages for the use of the same, from the time of suing the same, until return thereof shall be made as in other like cases.

SECTION 9. In such case the judgment shall be against the plaintiff and his sureties, that he return the property taken, or pay the value so assessed, and

Other liabilities.

Liability of officer.

Cases in which attachments may issue.

How issusd.

also pay double the damages assessed for the detention of property.

SECTION 10. If an officer is injured by reason of taking any property by virtue of a writ of replevin, by the direction of the plaintiff, he may maintain an action therefor upon the bond by him taken.

SECTION 11. If the plaintiff violates the condition of this bond, the defendant may sue thereon, in the name of the officer to the use of said defendant.

SECTION 12. If the officer fails to take a bond of the plaintiff, and return the same as is required by this article; or if the bond taken be adjudged insufficient by the justice, on the return of the writ, and the plaintiff fails to perfect it, if required, the officer shall be liable to the party injured for all damages by him sustained, to be recovered by action of debt on the officer's official bond, or by an action on the case.

ARTICLE 11.

OF ATTACHMENTS.

SECTION 1. Creditors whose demands amount to not more than fifty dollars, and not less than five dollars, may sue their debtors by attachment, before a justice of the peace, in the following cases:

1st. Where the debtor is not a resident of, nor residing within the territory.

2d. Where the debtor has absconded, or concealed himself, or so absented himself from his usual place of abode, that the ordinary process of law cannot be served upon him.

3d. Where the debtor is about to remove his property out of the territory, so as to hinder and delay his creditors.

4th. Where there is good reason to believe that the debtor is about fraudulently to remove, convey or dispose of his property cr effects, so as to hinder or delay his creditors.

SECTION 2. Any such creditor, wishing to sue his debtor by attachment, may apply to any justice of the peace, who would have jurisdiction of the debt if the suit was brought in the common form, and if the cause of action be a bond or note, shall file the same with the justice, and if it be any other kind of con

tract, shall file with the justice a plain, intelligible account or statement thereof, together with the affidavit of himself or some other creditable person, stating that the defendant is justly indebted to him, after allowing all just off-sets and credits, in a sum above five dollars, showing the amount in the affidavit, and also stating the belief of the affiant of the existence of one or more of the facts, which, under the first section of this article, would entitle the plaintiff to sue by attachment; and thereupon the justice shall issue a writ of attachment against the property and effects of the defendant.

SECTION 3. Writs of attachment shall be issued and And returned. returned in like time and manner as ordinary writs of summons, and when the defendant is summonned to answer, the like proceedings shall be had between him and the plaintiff, as on ordinary actions on contracts, and a general judgment may be rendered for or against the defendant.

SECTION 4. The manner of serving writs of attach- Manner of ment shall be as follows:

1st. The writ shall be served upon the defendant as an ordinary summons.

2d. Garnishees shall be summoned by the constable declaring them, that he does summon them to appear before the justice at the return day of the writ, to answer the interrogatories which may be put to them by the justice, and by reading the writ of attachment to them if required.

3d. When goods and chattels, money or evidences of debt, are are to be attached, the constable shall seize the same and keep them in his custody, if accessible, and if not accessible he shall declare to the person in possession thereof, that he attaches the same in his hands, and summon such person as garnishee.

4th. When credits are to be attached, the constable shall declare to the debtor of the defendant, that he attaches in his hands all debts due from him to the defendant, or so much thereof as may be sufficient to satisfy the debt sued for, with interest and costs, and summon the debtor as garnishee.

serving.

SECTION 5. When property of the defendant, found Bond. in the hands or possession of any other person than the defendant, shall be attached, such person may retain the possession thereof, by giving bond and se

By defendants.

Perishable property.

Notice to defendant.

Judgment by default.

curity to the satisfaction of the officer executing the writ, to the constable, his successors or assignees, in double the value of the property so attached, conditioned that the same shall be forthcoming when and where the justice shall direct, and shall abide the judgment of the justice.

SECTION 6. When property of the defendant shall be actually seized on attachment, the defendant or any person for him, may obtain possession thereof, without dissolving the attachment, by giving the officer a bond with good and sufficient security, in double the amount of property, conditioned that the property shall be forthcoming, when and where the justice shall direct, to abide the judgment which may be rendered in the cause.

SECTION 7. When property shall be seized on at tachment, which is likely to perish, or depreciate in value before the probable end of the suit, or the keeping of which would be attended with much loss or expense, the justice may order the same to be sold by the constable, in the same manner, and on the same notice, as goods are required to be sold on an execution, and the proceeds of such sale shall remain in the hands of the constable, subject to be disposed of as the property would have been if seized upon in specie.

SECTION 8. When the defendant cannot be summoned and his property or effects shall be attached, if he do not appear to the action at the return of the writ, the justice shall enter an order on his docket, requiring the plaintiff to give notice to the defendant, by three written or printed advertisements, set up at three of the most public places in the county, that a writ has been issued against him, and his property attached to satisfy the demand of the plaintiff, and that unless he appear before the justice at his next law day, stating the time and place, judgment will be rendered against him, and his property sold to pay the debt.

SECTION 9. Such notices shall be set up at least twenty days before the next law day of the justice, and the setting up thereof may be proved, either by the return of the constable upon a copy of the notice, or by the affidavit of any person who would be a competent witness in the case.

SECTION 10. When the defendant shall be notified as aforesaid, and shall not appear and answer to the

action, judgment by default may be entered, which may be proceeded on to final judgment in like manner as in ordinary actions.

ed.

SECTION 11. Such judgments shall bind only the only binds the property and effects attached, and no execution shall property attachissue thereon against any other property of the defendant, nor against his body, nor shall any action be brought thereon.

attachments to be dissolved.

SECTION 12. Attachments may be dissolved on mo- How and when tion made in behalf of the defendant, and at any time before final judgment in the following cases:

First. When the defendant shall appear and plead to the action, and give bond to the plaintiff with good and sufficient security, to be approved by the justice, in double the amount of the property, effects and credits attached, conditioned that such property, effects and credits shall be forthcoming, and abide the judgment which shall be rendered in the cause.

Second. When the defendant shall appear and plead to the action, and give like bond and security, in a sum sufficient to satisfy the debt sworn to in behalf of the plaintiff, with interest and cost of suit, conditioned that the defendant will pay to the plaintiff the amount which may be adjudged in favor of the plaintiff, interest and all costs of suit, on or before the next law day of the justice, after that at which judgment shall be rendered.

SECTION 13. When any attachment shall be dis- Effect thereof. solved, all proceedings touching the property and effects attached, and the garnishces, arrested or summoned, shall be vacated, and the suit proceed as if it had been commenced by a summons only.

asked the garn

SECTION 14. When any garnishee shall appear be- Questions to be fore the justice to answer, the following interrogatories and none other shall be propounded to him, to answer under oath :

First. At the time of the commencement of this suit, had you, in your possession or under your control, any goods, moneys or effects of the defendant? If so, state what property, how much, and of what value, and what money or effects.

Second. At the time of the commencement of this suit, did you owe the defendant any money, or do you owe him any now? If so, how much, on what ac