and attach ing creditors to give bond given to the attaching creditors, as the officer to whom the same is made shall deem reasonable.4 43 The creditors, at whose instance the attachment was issued, to pay dama are required, within three days after the valuation shall be re ges, &c. or vessel discharged. Vessel hav turned 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 valua tion, 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 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. If after an attachment has been levied, upon a foreign lued, subse- vessel, a valuation of the same, or of the share or interest ing been va quent war issue until security giv en. rants not to therein seized, is made, it is provided, that no other warrant 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 person requiring such warrant.46 If attachment dis debtor in or It is declared, that if, after the execution of any such bond charged, &c. by an attaching creditor, the attachment shall be discharged, der to claim or the proceedings shall cease, by the omission to appoint trustees according to law, the debtor against whom the atdemnify the tachment issued, or his agent, shall be entitled to claim such the vessel, must dis charge the bond, or in creditor; 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 indemnify such creditor against all charges and expenses, in consequence of the bond so executed by him.47 vessel to be 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 one 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.48 share, if not claimed, when and how ordered to be sold. Sale of vessels.] If no claim be made by any owner of a Vessel, or domestic vessel, or of a share in such a vessel, seized under any warrant of attachment, within thirty days after such seizure, 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 sheriff, 47 Ib. s. 23. 4a Ib. s. 24. 49 2 R. St. 7. s. 25. After first warrant, how other creditors to become at taching cre ditors; and how, if subsequent sue, under an order of the officer issuing the attachment, to be granted on the application of any joint owner, or of his agent.50 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 Posterior attachments.] After an application has been made, by a creditor, for a warrant of attachment, against a concealed, or absconding, or non-resident debtor, any other 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 him, over and above all discounts, and a petition stating his desire to be deemed an attaching creditor-52 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.58 If, after the issuing of a warrant of attachment against a warrants is- debtor, any other warrant is issued, pursuant to these provisions, 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.54 to be returned to officer issuing the first, The officer who issued the first warrant is required, on the 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 Ib. s. 26. 31 Ib. s. 27. 52 2 R. St. 8. s. 37. 53 2 R. St. 9. s. 38. 54 Ib. s. 39. and, upon the notice being served upon the sheriff, he is rcquired 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 rant.55 papers, 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.56 filed by him, The officer issuing any warrant, pursuant to the provisions and to be of the statute, is required to cause the affidavits 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 ditors to be taching cre 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.50 sanity not to Death or insanity of the debtor.] It is provided, that, Death or inwhere any debtor against whom proceedings may have been abate procommenced, as authorised by the statute, shall die, or become insane, after the expiration of the time limited in the order for ceedings; 55 Ib. s. 40. 56 Ib. s. 41. 57 2 R. St. 13. s. 67. 59 Ib. 9. s. 42. unless it hap pens before time for ap pearance. his appearance, the proceedings shall, notwithstanding, be continued to a final conclusion, in the same manner, and with the like validity, as if such debtor had lived or remained sane.59 And also, that if any debtor against whom any such war rant of attachment shall have been issued, shall die, or become 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.60 SECTION II. OF THE DIFFERENT MODES OF OBTAINING A DISCHARGE OF THE PROPERTY. Petition of absconding debtor; 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. 00 Ib. s. 64. 12 R. St. 9. s. 43. |