to his own court, directed to the Sheriff, or other proper officer, commanding him to attach, and take into custody so much of the lands, tenements, goods and chattels of the party against whose property the writ is issued, as will be sufficient to satisfy the debt or sum demanded, with costs, by plaintiff in attachment. (a) may grant SEC. 2. It shall be lawful for a Justice of the Peace (in cases when Justice only where property is being actually removed from the State, of the Peace and the party plaintiff is unable to obtain process of attach- writs. ment from the Clerk of the Circuit Court) to grant writs of attachment, in cases where the amount claimed is above the jurisdiction of a Justice of the Peace, returnable to the Circuit Court of the county in which such writ shall have been granted. (b) may issue at Affidavit. SEC. 3. Any creditor shall be entitled to proceed by writ of when Justice attachment, in a Justices' Court, against the property of his of the Peace debtor in the following cases, and upon the following condi- tachment. tions: (c) Before any such writ of attachment shall be issued, the plaintiff or some person in his behalf shall make and file with the Justice an affidavit, stating that the defendant therein is indebted to plaintiff in any sum of money, specifying the amount of such indebtedness as near as may be, over and above all legal set-offs, and that the same is due upon express or implied contract, or will become due within three months, or upon the judgment or decree of some court, and containing a further statement that he knows, or has good reason to believe, that the party from whom it is due will fraudulently part with his, her or their property before judgment can be recovered, or is actually removing, or about to remove, his, her or their property out of the county where the attachment is applied for, or resides beyond the limits of the State, or has absconded or so conceals or secretes himself or herself that the ordinary process of law cannot be served upon him or her, or is secreting his or her property, or fraudulently disposing of the same, or that the defendant contracted the debt under false or fraudulent representations. (d) When to issne, Affidavit. SEC. 4. Writs of attachment, now authorized by statutes of this State, to be issued where the debt or demand is due, shall if debt is due in no case be issued, unless the party applying for the same, or his agent or attorney, shall first make oath in writing, before a Justice of the Peace, or Clerk of the Circuit Court, as is now provided by law, that the amount of the debt or sum demanded is actually due, and also that he or she has reason to 13 Fla., 597. believe the party from whom it is due will fraudulently part 12 Fla., 589. with his, her or their property before judgment can be recov- 4 Fla., 457. ered against him, her or them, (as the case may be,) or is actually removing his, her or their property out of the State of Florida, or about to remove it out of the State, or resides be (a) Sec. 2. Act of Feb. 15, 1834. Chap. 250, Act of Jan. 13, 1849. (c) Sec. 67, Chap. 2040, Act of Feb. 27, 1875. (d) Sec. 6, Chap. 2095, Act of February 10,1877. 6 Fla., 13. When it may non-resident executor or administrator. yond the limits thereof, or is actually removing or about to remove out of the State, or absconds or conceals himself or herself, or is secreting his or her property or fraudulently disposing of the same, (e) or that he or she is actually removing or about to remove beyond the Judicial Circuit in which he, she or they reside. (ƒ) SEC. 5. When any executor or administrator resides, or has issue in case of removed beyond the limits of this State, and there are assets of the testator or intestate in this State, it may be lawful for any person having a debt or demand against the estate of the deceased, to take out an attachment against such assets, upon making oath, in writing, that the above debt or sum demanded is actually due, and that the executor or administrator, as the case may be, resides or has removed beyond the limits of this State: Provided, That no attachment shall issue if the said executor or administrator shall have any legally authorized and publicly known agent in the State; service of any summons upon whom shall be as good and valid as if it had been served upon the person of the said executor or administrator. (ƒ) SEC. 6. Whenever any portion of the crops cultivated by Writ of attach-laborers shall be removed or attempted to be removed from the ment may issue premises whereon they were grown or housed, or ginned or tion of agricul- packed, or when there is good reason to believe such removal upon applica tural laborer, when. Officer issuing the writ of at deputize citi will be attempted without the full payment of all wages due to such laborers for such services, or their written consent to such removal of the crops, then such labor or laborers, their agents or attorney, may apply to any Justice of the Peace, County Judge, or Clerk of the Circuit Court within the county wherein any portion of such crops may be found, and upon such application, such officers shall issue a writ of attachment, and give the same to any Sheriff, Deputy Sheriff, Constable, or Deputy Constable, who shall forthwith proceed to levy upon and take possession of such crop, or a sufficient amount thereof to satisfy the debt and probable cost of suit. (g) SEC. 7. In case of the absence of the proper officer, the officer tachment may issuing the writ shall deputize some citizen, who shall proceed to execute the attachment, and any person so deputized who shall refuse or neglect to execute such attachment, shall be fusal or neglect deemed guilty of a misdemeanor, and fined not less than one hundred dollars and costs. (g) zens to execute it, when. Penalty for re to execute. Writ of attach SEC. 8. When such attachment is issued by a Justice of the ment issued by Peace, and the amount exceed one hundred dollars, the writ Justice of the shall be returnable to the Circuit Court, and all cases, whether be returnable to tried before a Justice of the Peace or other court, shall be tried at the first term after issuance.* Peace, when to the Circuit Court. (e) Sec. 1, Chap. 998, Act of Dec. 20, 1859. (f) Sec. 2, Chap. 1101, Act of Feb. 14, 1861. (g) *Compiler and Reviser differed as to this section. Reviser thought jurisdiction did not extend beyond $50, and that the writ was not returnable to the Circuit Court. Writ may issue on the bond re SEC. 9. If any person seeking redress by virtue of Sections 6, 7, and 8 of this Chapter, on filing the affidavit necessary to without surety have such attachment issued, shall also make oath that he is quired, when. unable to give security on the bond required by the laws of this State in attachment cases, then the attachment shall issue without any security on the bond. (g) within five SEC. 10. It shall be the duty of the Judge of the Court or Execution to issue on judgJustice of the Peace trying the case, after hearing and deter- ment against mining the validity of the claim, if judgment is rendered the defendant against the defendant, to issue execution within five days after days, and rethe rendition of such judgment, commanding the officer into within ten days. whose hands such execution may be placed to proceed and make the money, and make due return thereof within ten days. (g) turn to be made be the same as SEC. 11. Proceedings under this law shall be conducted in Proceedings to the same manner as provided by the laws on attachments now under attachin force, except when they conflict with the provisions of this ment laws exlaw. (g) cept when they conflict. SEC. 12. Affidavit may be made, and writs of attachment writ may issue issued, as herein before mentioned, at any stage of the cause, pending suit. concerning any property, debt or demand claimed. (h) out. demand is not due. SEC. 13. It shall be lawful for any person to obtain a writ of In what cases attachment, whether the debt or demand be due or not; Pro- may be sued vided, That the same will become due within nine months from when debt or the time of applying for said writ of attachment; And provided also, That at the time of such application the person against whom the debt or demand charged shall be actually removing his or her property beyond the limits of this State, or be fraudulently disposing of, or secreting the same for the purpose of avoiding the payment of his or her just debts or demands. (i) SEC. 14. Such writ shall in no case be issued unless the party Affidavit to applying for the same, or his agent or attorney, shall first be made. make oath in writing that the amount of the debt or demand claimed and charged against the opposite party is actually an existing debt or demand; stating also in said oath in writing the time when said debt or demand will actually become due and payable; and also that the party against whom the said writ of attachment is applied for is actually removing his or her property beyond the limits of this State, or (as the case may be) is fraudulently disposing of, or secreting the same for the purpose of avoiding the payment of his or her just debt or demand, satisfactory proof of which shall be demanded and produced to the officer granting the attachment. (¿) sureties in all SEC. 15. No attachment shall issue until the party applying Plaintiff shall for the same. by himself or by his agent or attorney, shall give bond with enter into bond with at least two good and sufficient securities cases of attachpayable to the defendant, in at least double the debt or sum (9) Sec. 5. 6 and 7, Chap. 1738, Act of F. 6. 21, 1×70. (h) Sec. 8, Act of Feb. 17, 1833. ment. 5 Fla., 280. 11 Fla., 127. 14 Fla., 187. demanded, conditioned to pay all costs and damages the defendant may sustain in consequence of improperly suing out 12 Fla., 144-628. said attachment; Provided, nevertheless, That the bond taken in case of attachment shall not, on account of any informality in the same, be adjudged void as against obligors, nor shall they be discharged therefrom, although the attachment be dissolved by reason thereof. (j) 14 Fla., 467. 7 Fla., 336. 3 Fla., 4. Replevy of property. Attachment, SEC. 16. The property so attached may at any time be replevied by the said defendant, or some other person for him, giving bond to the officer levying such attchment, payable to the plaintiff, with good and sufficient security, to be approved by such officer, in double the value of the property levied on, conditioned for the forthcoming of the property replevied, and to abide the final order of the court. (k) SEC. 17. In all cases when any writ of attachment shall be how discharged. issued, the property attached shall be discharged and restored to the defendant or defendants on his, her or their entering into bond with sufficient security, to be approved by the court to which the writ is returnable, conditioned for the payment to the plaintiff in attachment of the debt or demand when the same shall become due, or said property so attached may be replevied according to law as in other cases. (1) Effect of levy on lands, &c. 3 Fla., L. 9 Fla., 61. Service on garnishee. Levy on per SEC. 18. The service of a writ of attachment shall not operate to dispossess the tenant of any lands or tenements, but such service shall bind the property attached, except against pre-existing liens; but the judgment, in a suit commenced by attachment, shall be satisfied in the same manner as other judgments obtained at the same term of the court are, or shall be satisfied out of the lands and tenements, goods, and chattels, generally, of the defendant in attachment: Provided, however, That judgment rendered against any garnishee or garnishees in said suit, shall be appropriated exclusively to the satisfaction of the judgment rendered against the defendant, commenced by attachment as aforesaid. (m) SEC. 19. All personal property levied on by attachment, unsonal property. less replevied, shall remain in custody of the officer who shall attach the same until the judgment of the court shall have been pronounced; but when the property attached shall be of a perishable nature, it shall and may be lawful for the Clerk or Justice of the Peace who ordered the attachment, in vacation as well as in term time, to grant an order for the sale of such property, after such public notice as to the said Clerk or Justice of the Peace shall seem expedient, and the proceeds of such sale shall be paid into court, and abide the judgment thereof. (m) Claim to property. . SEC. 20. In case any attachment shall be levied upon property claimed by any other person than the defendant in attachment, such person may, at his option, replevy the same or in (j) Sec. 10, Act of Feb. 15, 1834. (k) Sec. 13. Act of Feb. 17, 1833, as amended by Act of March 15, 1843. (7) Sec. 4, Act of Feb. 14, 1835. terpose a claim in the manner that is or may be provided in case of execution: Provided, That in neither case shall bond be required of such person in a greater amount than double the value of the property so claimed. (n) sonal property for its attach affidavit.. SEC. 21. When an action shall be begun in any court of any Proceedings on county of this State for the attachment of personal property removal of persituated in such county at the time of beginning of such ac- pending action tion, and such property shall be removed from such county ment. pending such action, and a writ is issued for the attachment of such property, it shall be the duty of the officer to whom such writ is addressed and delivered, at once to make his re- Return and turn of the fact of the removal of such property as aforesaid, and the plaintiff in such suit may make affidavit stating to what county or counties he believes the property has been removed, whereupon an alias writ shall issue addressed to the Alias writs to Sheriff of such last named county, or one such writ addressed Sheriff of the to the Sheriff of each county to which such property or a por- service. tion thereof has been removed, who shall upon the receipt of such writ take possession of said property and deliver it to the proper officer of the court from which such writ was issued, and make return of said writ and his doings in the premises to said court, and the proceedings shall be thereafter as in other actions of attachment. (0) county, and SEC. 22. All questions as to the title of such property shall Venue. be adjudicated in the county in which the action was brought, unless the venue shall be changed by the court. (0) turnable. SEC. 23. All writs of attachment shall be made returnable Writs, when to the court having jurisdiction of the same, and to the next and how rerule day after it was issued, if ten days shall intervene between the day it was issued and the next rule day, and if not ten days then to the next rule day thereafter, and the bond, affidavit and other papers on which such attachment may have been obtained, shall be filed in the court on or before the rule day to which said writ of attachment is returnable. (p) SEC. 24. The filing of the declaration and other pleadings, Pleadings in in a suit commenced by attachment, shall be governed by the attachment. same rules which govern the filing of the declaration and other pleadings in ordinary suits at law, and judgment shall be rendered therein as in other cases. (g) 16 Fla., 617. vertisement. SEC. 25. In all cases where property shall be attached and Notice of atnot replevied, a notice of the institution of the suit by attach- tachment by adment shall be personally served upon the defendant, or shall be published for three months in some public newspaper of the Circuit, and if there be no newspaper published in such Circuit, then a written advertisement in some public place; and such notice shall require the defendant and all other persons interested to appear and plead to the declaration filed in such Sec. 8, Act of Feb. 15. 1834, as amended by Act of March 15, 1843. (0) Secs. 1 and 2, Chap. 3245, Act of Feb. 22. 1881. (p) Sec. 16, Act of Feb. 17, 1833, as amended by Chap. 1938, Act of Feb. 24, 1873. (q) Sec. 18, Act of Feb. 17, 1833. |