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and attaching creditors to give bond to pay damages, &c.
given to the attaching creditors, as the officer to whom the same is made shall deem reasonable.13
The creditors, at whose instance the attachment was issued, are required, within three days after the valuation shall be returned to the officer who directed it, to execute a bond, with sureties, to be approved by the officer, to the person in whose behalf the claim is made, in double the amount of the valuation, with a condition to prosecute such attachment to effect, and to pay such damages, as may be recovered against them, for seizing the said vessel, or share, in any suit that shall be brought against them, within three months from the date of the bond, if it shall appear, in such suit, that the vessel, or share, or interest therein, so attached, belonged, at the time of issuing the attachment, to the person in whose behalf, such
claim shall be made.44 or vesseldis- Unless a bond be given, as is thus prescribed, the officer
who issued the attachment, is required to grant an order, discharging the vessel, share, or interest, so claimed, from the attachment; which is directed to be discharged accordingly.
Vessel having been va
If after an attachment has been levied, upon a foreign lued, subse- vessel, a valuation of the same, or of the share or interest rants not to therein seized, is made, it is provided, that no other warrant security giv- of attachment shall issue against the same vessel, as being the
property, in whole, or in part, of the same debtor, until the security prescribed shall be given by the persou requiring such warrant."
If attaclia ment dis
It is declared, that if, after the execution of any such bond charged, &c. by an attaching creditor, the attachment shall be discharged, det to claim or the proceedings shall cease, by the omission to appoint
trustees according to law, the debtor against whom the altachment issued, or bis agent, shall be entitled to claim such
must iischarge the bond, or indemnity the creditor;
43 2 R. St. 6. s. 19. 44 ? R. St. 6. s. 20.
45 lb. s. 21. 46 Jb. s. 22.
vessel, share, or interest, or the proceeds thereof, if the same shall have been sold, only upon his discharging the bond so executed by such attaching creditor, or by his executing to such creditor a bond, in a penalty double the valuation of the vessel, made as directed by the statute, with sureties, to be approved by the officer who issued the attachment, conditioned to indemoily such creditor against all charges and expenses, in consequence of the bond so executed by him.47
It is also declared, that, if the bond of the attaching credi-otherwise tor be not discharged, or he be not indemnified, as is thus sold. directed, within oue month after the debtor became entitled to claim such vessel, share, or interest, as the statute prescribes, such vessel, share, or interest, may be sold by the sheriff in whose custody the same may be, upon an order of the officer who issued the attachment: and the proceeds of the sale are directed to be paid to the attaching creditor who executed the bond for his indemnity. 18
to be sold.
Sale of vessels.] If no claim be made by any owner of a kineser domestic vessel, or of a share in such a vessel, seized under claimed, any warrant of attachment, within thirty days after such sei-how ordered zure, and no bond be executed, as the statute directs, by such claimant; or, if no claim be made within that time, by, or in behalf of, the owner of any foreign vessel, or of a share therein, so seized; it is declared, that such vessel, or share, may be sold by the sheriff making such seizure, under an order of the officer issuing the attachment, to be granted upon the application of any attaching creditor, whenever, in the opinion of such officer, a sale may be necessary. 49
It is also declared, that where a share in any vessel, foreign or domestic, shall be seized, if no claim to such share be made, by any owner thereof, as is provided by the statute, within thirty days after such seizure, it may be sold by the sherifi,
49 2 R. St. 7. s. 25.
47 Ib. s. 23.
under an order of the officer issuing the attachment, to be granted on the application of any joint owner, or of his
Whenever a sale of a vessel, or share of a vessel, is ordered by any officer, as authorised by the statute, he is required, in such order, to prescribe the time, place, and notice of the sale, and how the same shall be published. 51
After first warrant,
creditors to become at
Posterior attachments.] After an application has been bowhere made, by a creditor, for a warrant of attachment, against a laching cre- concealed, or absconding, or non-resident debtor, any
of his creditors, having a demand against him, then due, whatever may be its amount, may file with the officer who issued the warrant, an affidavit, specifying the sum in which the debtor is indebted to bim, over and above all discounts, and a petition stating his desire to be deemed an attaching creditop52
Upon filing such affidavit and petition, such creditor is declared to be deemed, in all respects, an attaching creditor, and entitled to the same benefits and advantages, and subject to the same responsibilities and obligations, as the creditor at
whose instance such attachment originally issued.53 and how, if
If, after the issuing of a warrant of attachment against a suaraits is. debtor, any other warrant is issued, pursuant to these provi
sions, and levied upon any property of the debtor, such subsequent warrant and seizure is to be deemed to be a part of the proceedings upon the first application, in the same manner, as if such subsequent warrant had been issued by the
officer who granted the first warrant. to be return- The officer who issued the first warrant is required, on the ed to otficer tirsi,
application of any creditor, to subscribe and deliver to him a notice, in writing, directed to the sheriff having the subsequent warrant, of the fact of a prior warrant having issued;
50 lb. s. 26.
53 2 R. St. 9, s. 38.
and, upon the notice being served upon the sheriff, he is required to return to the officer an inventory of the property seized by him under the subsequent warrant, with all his proceedings thereon, in the same manner, as if the same had been issued by such officer; and all proceedings on the subsequent warrant must be conducted, in all respects, as if the same had been issued by the officer, who issued the first war
It is the duty of the officer who issued the subsequent war- with all the rant, to transmit the petitions and affidavits upon which such warrant was founded, or relating thereto, to the officer who issued the first warrant, upon receiving from such officer a certificate of the time of his issuing the same; and, after the service of such notice, the officer who issued the subsequent warrant is to cease to exercise any authority by virtue of the application made to him.5 The officer issuing any warrant, pursuant to the provisions and to be
filed by him, of the statute, is required to cause the afidavits of the creditors, transmitted to him by any other officer who shall have issued a subsequent warrant, to be filed in the office of a clerk of the supreme court, within thirty days after receiving the same.57
The creditors, making the subsequent application, or who and the creshall have filed a petition and affidavit, with the officer issuing deemed atthe subsequent warrant, desiring to be deemed attaching cre- ditors. ditors, are declared to be entitled to all the benefits and advantages, and subject to the same responsibilities and obligations, as the creditor at whose instance the first warrant issued.58
Death or insanity of the debtor.] It is provided, that, Death or inwhere any debtor against whom proceedings may have been abate pro
ceedings; commenced, as authorised by the statute, shall die, or become insane, after the expiration of the time limited in the order for
55 lb. s. 40. 56 lb. s. 41.
57 2 R. St. 13. s. 67. 58 Ib. 9. s. 42.
unless ithappens before
his appearance, the proceedings shall, notwithstanding, be continued to a final conclusion, in the same manner, and with the like validity, as is such debtor had lived or remained sane.59
And also, that if any debtor against whom any such wariime tor ap- rant of attachment shall have been issued, shall die, or be
come insane, before the time limited for his appearance, the proceedings thereon shall be stayed, and the property seized thereby shall be delivered to his personal representatives, or to the committee of his estate.co
OF THE DIFFERENT MODES OF OBTAINING A DISCHARGE OF THE
Petition of the debtor, or others, for a trial.] Every person proceeded against as an absconding or concealed debtor, may, at any time before the appointment of trustees, present a petition, by himself or his attorney, verified by his oath, or that of some other person, to the officer who issued the warrant against him, stating that he is a resident within this state, and was not, at any time within thirty days before the issuing of such warrant, or at any time thereafter, an absconding or concealed debtor, within the intent of the statute; and may therein pray that his allegations in that behalf may be heard and determined by the supreme court, or the court of common pleas of the county in which such officer resides. 61
59 2 R. St. 13. s. 63.
01 2 R. St. 9. 8. 43.