or by, or in the name or style of the partnership, or by whatever other name or names such joint debtors shall be generally reputed, known or distinguished in this State, or against the heirs, executors or administrators of them, or either of them; and the goods, chattels, rights, credits and effects of such debtors, or either or any of them, shall be liable to be seized and taken for the satisfaction of any just debt or other legal demand, and may be sold to satisfy the same. "Sec. 20. The right of property may be tried, and appeals taken in all cases arising under this chapter, in the same manner as when property is taken on execution or judgment rendered in ordinary cases. "Sec. 21. The affidavit required in the first section of this chapter, may be sworn to in the manner prescribed in section thirty-two of chaper nine of the revised statutes. "Sec. 22. This chapter shall be construed in all courts in the most liberal manner for the detection of fraud. "Sec. 23. The provisions of chapter one of the revised statutes shall apply as well to suits in attachment, as to other cases." Form of Affidavit for Attachment. STATE OF ILLINOIS, Cook COUNTY, SS. A. B., of said county, being duly sworn, doth depose and say, that C. D., against whom the said A. B. is about to sue out an attachment, is justly indebted to him in a sum not exceeding one hundred dollars, to wit, the sum of twenty-five dollars; and that the said C. D. has departed from this State, (or is about to depart from this State, with the intention of having his effects removed from this State;" or "is about removing his property from this State to the injury of such creditor;" or "that such debtor conceals himself, or stands in defiance of an officer, so that process cannot be served upon him;" or "that such debtor is not a resident of this State.") Subscribed and sworn to before me, this day of―, A. D. 18—. BENJAMIN COOL, J. P. Form of Attachment Bond. A. B. Know all men by these presents, that we A. B. and C. D. are held and firmly bound unto E. F. in the penal sum of dollars, (insert at least double the amount of the plaintiff's claim,) for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. The condition of the above obligation is such that, (conclude according to the form prescribed by the statute, see ante, Page 274, Sec. 4.) Writ of attachment. For form of the writ of attachment, see Page 274, Sec. 2, being the same as prescribed by the statute. Form of Attachment Notice, when defendant is not personally served. In Justice's Court. A. B. vs. C. D. To the above named defendant: You are hereby notified that an attachment has been issued by the undersigned, a justice of the peace in and for the county of, at the instance of A. B., the above named plaintiff, against your personal property; that the said attachment was issued for the sum of fifty dollars, which amount the said plaintiff claims to be due to him from you; that the cause will be tried before me at my office in, in said county, on the day of —, and that, unless you shall appear at the time and place fixed for trial, judgment will be entered by default, and the property attached ordered to be sold to satisfy the same. Dated this day of 18-. L. M., Justice of the Peace. Form of Summons for Garnishee who does not appear on return day of attachment. SS. The People of the State of Illinois to any Constable of said County, GREETING: Whereas A. B. recovered a judgment in attachment before the undersigned, justice of the peace of said county, against C. D., and whereas R. T. was duly served with said attachment as garnishee, and has not made answer therein; you are therefore hereby commanded to summon . day of the said R. T., to appear before me at my office in North Chicago, on dollars and Given under my hand and seal this day of ——, A. D. 185—. THOS. G. PRENDERGAST, J. P. [SEAL.] II. OF ATTACHMENTS OF BOATS AND VESSELS. Rev. Stat. 71, Sec. 1. "Boats and vessels of all descriptions, built, repaired or equipped, or running upon any of the navigable waters within the jurisdiction of this State, shall be liable for all debts contracted by the owner or owners, masters, supercargoes or consignees thereof, on account of all work done, supplies or materials furnished by mechanics, tradesmen and others, for, on account of, or towards the building, repairing, fitting, furnishing or equipping such boats and vessels, their engines, machinery, sails, rigging, tackle, apparel and furniture; and such debts shall have the preference of all other debts due from the owners, or proprietors, except the wages of mariners, boatmen and others, employed in the service of such boats and vessels, which shall first be paid. 66 'Sec. 2. Any person having a demand, contracted as before mentioned, against any such boat or vessel, may have an attachment to be issued out of any court, or by any justice of the peace having jurisdiction thereof in any county in this State in which such boat or vessel may be found, either against the owner or owners by their proper names, or by the name and style of their copartnership, if known, otherwise against such boat or vessel, by her name or description only, authorizing and directing the seizure and detention of the same, with her engine, machinery, sails, rigging, tackle, apparel and furniture, by the sheriff or constable, upon affidavit being made of the justice of such demand, and bond given by the plaintiff as in other cases of attachment: Provided, That in all cases where such proceedings are instituted against such boat or vessel by her name and description only, the bond to be given by the plaintiff, shall be made payable to the people of the State of Illi nois, but for the use and benefit of the owner or owners of such boat or vessel, who may institute a suit thereon, if damages be occasioned by the issuing of such attachment, and have recovery thereon, in the same manner as if said bond had been given to such person or persons by their proper names, or in the name and style of their copartnership. "Sec. 3. Upon the return of such attachment, the person or persons having demands of the description aforesaid, and for whose benefit such attachment was issued, shall file a written declaration or statement, against such boat or vessel by her name or description, or against the owner or owners, if known as aforesaid, briefly reciting the nature of the demand, whether for work done, or materials, firewood, or supplies of provisions furnished; and whether at the request of the owner, master, supercargo or consignee of such boat or vessel, and that such demand remains unpaid,annexing to such declaration or statement, a bill of the particulars constituting such demand, in separate and distinct items; and the like proceedings shall be had in all other respects, and the like judgment and execution as in other cases of attachment. "Sec. 4. All engineers, pilots, mariners, boatmen and others employed in any capacity, in or about the service of any such boat or vessel, who may be entitled to arrearages of wages in consequence of such service, may proceed to collect such wages under the provisions of this chapter, and shall be entitled to all the benefits hereof. "Sec. 5. If the owner or owners, master, supercargo or consignee, of any such boat or vessel, seized by attachment as aforesaid, shall at any time before final judgment, give bond to the plaintiff, with security to be approved by the clerk of the circuit court, or by the judge in term time, (or justice of the peace, as the case may be,) in double the amount of the demand sued for, and a sufficiency to discharge all costs which may accrue thereon, conditioned to pay and satisfy such judgment as the court (or justice of the peace,) may render against such boat or vessel or defendant party, together with the costs of suit, then such boat or vessel shall be forthwith discharged from such attachment, seizure and detention; but shall nevertheless be liable to be taken and sold on any execution to be issued on such judgment, or upon the judgment which may be rendered at any time on the bond required to be given by the defendant party as aforesaid. 66 'Sec. 6. No creditor shall be allowed to enforce the lien created under the provisions of this chapter, as against, or to the prejudice of any other creditor, or subsequent incumbrancer, or bona fide purchaser, unless suit be instituted to enforce such lien as provided in this chapter, within three months after the indebtedness accrues or becomes due, according to the terms of the contract." As will be seen by section 3 of the preceding chapter of the statute, the like proceedings will be had in all other respects from those pointed out by said chapter, as in other cases of attachment; therefore some of the forms heretofore given in cases of attachment, may be used in proceeding under this chapter; and which it has been thought unnecessary to repeat in the following list of forms. Form of Affidavit for an Attachment against a boat or vessel. STATE OF ILLINOIS, COUNTY, SS. in said county, being duly sworn, says that on 18-, at , in said county, he made to a contract with E. F., then the master of the steamboat furnish for the said boat certain materials towards repairing the said boat, and in pursuance of said contract, did furnish the same, and that the said master contracted and agreed on his part to pay him therefor the sum of dollars, which said sum is still due and unpaid; and that he does not know whether the said boat is owned by co-partners, nor does he know who are the owners thereof. He therefore prays an attachment against said steamboat by her name, authorizing and directing the seizure and detention of the same, with her engine, machinery, apparel, and furniture. C. D. Subscribed and sworn to before me, L. M., a justice of the peace of said county, this day of 18-. L. M., J. P. Form of Bond for an Attachment against a boat or other vessel. Know all men by these presents, that we, C. D. and E. F., of the county of —, and the State of Illinois, are held and firmly bound unto the people of the State of Illinois, for the use and benefit of the owner or owners of the steamboat in the sum of (insert double the sum for which the complaint is made,) to be paid to said people of the State of Illinois for the use aforesaid; to which payment well |