CHAPTER IV.

Attachment.
SECTION 227. Property of foreign corporations and of non-resident or ab.

sconding or concealed defendants may be attached.
228. Warrant by whom granted.
229. In what cases warrant may be granted.
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. Certiticate of defendant's interest to be furnished by corpo.

ration.
237. Judgment, how satisfied.
238. When action to recover notes, &c., of defendant may be

prosecuted by plaintiff in the action in which the attach.

ment issued.
239. Bond to sheriff on attachment, how disposed of, on judgment

for defendant.
240. Discharge of attachment and return of property, or its pro-

ceeds, to defendant, on his appearance in action.
241. Undertaking on the part of the defendant.
242. When sheriff' to return warrant and proceedings thereon.

243. Sheriff's fees. § 227. In an action for the recovery of money, against Property of a corporation created, by or under the laws of any other corpora.

tions, and

of non-restate, government, or country, or against a defendant who

sident or

absconding is not a resident of this state, or against a defendant who or concealhas absconded or concealed himself as hereinafter men- ants way

be allached tioned, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of such defendant attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover. $ 228. A warrant of attachment must be obtained from Waurant,

by whom a judge of the court in which the action is brought, or

granted. from a county judge.

§ 229. The warrant may be issued whenever it shall In what appear by affidavit, that a cause of action exists against be issuu such defendant, 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

ed defend

obtaining

Warrant to whom di

what to require

to avoid the service of a summons, or keeps himself con

cealed therein with the like intent. Security on $ 230. Before issuing the warrant, the judge shall rewarrant. quire a written undertaking on the part of the plaintiff,

with sufficient surety, to the effect, that if the defendant recover judgment, 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.

§ 231. The warrant shall be directed to the sheriff of any rected, and county in which property of such defendant may be, and shall

require him to attach and safely keep all the property of such defendant wilhin his 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.

$ 232. The sheriff to whom such warrant of attachment proceeding in execu. is directed and delivered, shall proceed thereon in all re

spects, in the manner required of him by law in case of attachments against absent debtors, 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. ings in case

§ 233. If any property so seized shall be perishable, or if perishable proper- any part of it be claimed by any other person.than such de

Mode of

ting warrant.

Proceed

corpora

ment, how

on property

of delivery

fendant, or if any part of it consist of a vessel, or of any share or interest therein, the same proceedings shall be had in all respects as are provided by law upon attachments against absent debtors.

$ 234. The rights or shares which such defendant may Interest in have in the stock of any association, or corporation, to- tionis orasgether with the interest, and profits thereon, and all other liable to at

tachment. property in this state of such defendant, shall be liable to be attached and levied upon and sold to satisfy the judgment and execution.

$ 235. The execution of the attachment upon any such Attachrights, shares, or any debts or other property incapable of executed manual delivery to the sheriff, shall be made by leaving a incapatule certified copy of the warrant of attachment with the president or other head of the association or corporation, or the secretary, cashier, or managing agent thereof, or with the debtor or individual holding such property, with a notice showing the property levied on.

§ 236. Whenever the sheriff shall with a warrant of at- Certificate tachment, or execution against the defendant, apply to aut's intersuch officer, debtor or individual, for the purpose of at-fycoto

by taching, or levying upon, such property, such officer, debtor, or individual, shall furnish him with a certificate under his hand, designating the number of rights or shares of the defendant in the stock of such association or corporation, with any dividend, or any incumbrance thereon, or the amount and description of the property, held by such association, corporation or individual, for the benefit of, or debt owing to the defendant. If such officer, debtor or individual refuse to do so, he may be required by the court or judge to attend before him, and be examined on oath, concerning the same, and obedience to such orders may be enforced by attachment.

$ 237. In case judgment be entered for the plaintiff, in Judgment, such action, the sheriff shall satisfy the same out of the fied.

of defend

to furnished

rations.

property attached by him, if it shall be sufficient for that purpose;

1. By paying over to such plaintiff the proceeds of all sales of perishable property, and of any vessel, or share or interest in any vessel sold by him, or of any debts or credits collected by him or so much as shall be necessary to satisfy such judgment;

2. If any balance remain due, and an execution shall have been issued on such judgment, he shall proceed to sell under such execution so much of the attached property, real or personal, except as provided in subdivision four of this section, as may be necessary to satisfy the balance, if enough for that purpose shall remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or association, the sheriff shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by such defendant.

3. If any of the attached property belonging to the defendant, shall have passed out of the hands of the sheriff without having been sold or converted into money, such sheriff shall re-possess himself of the same, and for that purpose shall have all the authority which he had to seize the same under the attachment, and any person who shall wilfully conceal or withhold such property from the sheriff, shall be liable to double damages at the suit of the party injured.

4. Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes, and other evidences of debt and the debts that may have been seized or attached under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment.

When the judgment and all costs of the proceedings shall have been paid, the sheriff upon reasonable demand, shall

&, of de

,

in the ac

which the attachment

sheriff on

how dis

for detend.

deliver over to the defendant the residue of the attached property or the proceeds thereof.

$ 238. The actions herein authorized to be brought by When acthe sheriff, may be prosecuted by the plaintiff, or under his cover notes direction, upon the delivery by him to the sheriff of an may be

prosecuted undertaking executed by two sufficient sureties, to the by plaintiff effect that the plaintiff will indemnify the sheriff from all timon damages, costs and expenses on account thereof, not ex-issued. ceeding two hundred and fifty dollars in any one action. Such sureties shall in all cases, when required by the sheriff justify, by making an affidavit that each is a householder, and worth double the amount of the penalty of the bond, over and above all demands and liabilities.

$ 239. If the foreign corporation or absent or abscond- Bond to ing or concealed defendant, recover judgment against the attachment plaintiff, in such action, any bond taken by the sheriff, pusgtheni

of on except such as are mentioned in the last section, all the ani. proceeds of sales and monies collected by him, and all the property attached remaining in his hands, shall be delivered by him to the defendant or his agent on request and the warrant shall be discharged, and the property released therefrom.

§ 240. Whenever the defendant shall have appeared in Discharge such action, he may apply to the officer who issued the ment and attachment, or to the court, for an order to discharge the same, and if the same be granted all the proceeds of sales ant on his and moneys collected by him, and all the property at-in action. tached remaining in his hands, shall be delivered or paid by him to the defendant or his agent and released from the attachment. § 241. Upon such application, the defendant shall de- Underta

king on liver to the court or officer an undertaking executed by purt of deat least two sureties, resident and freeholders in this state, approved by such court or officer, to the effect that the sureties will on demand pay to the plaintiff, the amount of the judgment that may be recovered against the de

of

property or its proceeds to defend

appearance