and Know all men, that we Form of the (as the case may in the sum of bond. ment, shall be in the following form, to wit: , all of the county of be) are held and firmly bound unto to be paid to said his certain attorney, executors, administrators, or assigns. For which payment well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors and administrators jointly and severally, firmly by these presents: sealed with our seals, and dated the in the year of our Lord, The condition of this obligation is such, that And condi hath the day of the date hereof, against the estate of the whereas, the above bounden prayed an attachment, at the suit of above named same returnable to the day of court of peace in and for the county of on the day of a justice of the at the office of the said justice .) Now, if the said shall prosecute his suit with effect, or in case he fail therein, shall well and truly pay recovered and awarded against the said or administrators, in any suit or suits which may be hereafter brought, for wrongfully suing out the said attachment, then the above obliga tion. form. tion to be void; otherwise to remain in full force and effect: Provided Not to abate nevertheless, that no attachment shall be abated for want of form, if for want of the essential matters expressed in the foregoing precedent be set forth in such attachment. may issue may be sold. § 7. A writ of attachment may in all cases issue against the pro- Attachment perty of a debtor, legally subject to the process of attachment, although though debt the debt or demand of the plaintiff be not due; which attachment is not due. shall be a lien on the property attached, until such debt or demand becomes due, when judgment shall be rendered and execution issued. But if the property so attached, be clearly of a wasting or perishable Property lianature, then the same shall be sold, giving a credit on the sum until ble to waste, the debt or demand of the plaintiff becomes due, on the purchaser's giving bond with security for the payment of the purchase-money, Purchaser's which bond shall be lodged with the other papers in the cause; and if the money is not paid at the expiration of the time given, the clerk or justice shall issue execution thereon against the principal and se- Execution curity, or either of them; and the money when collected, shall be paid into the hands of the clerk or justice, to abide the final decision of the cause. bond. on the bond, if not paid. be sold if not replevied in 20 days. 8. When any estate attached shall, on the oath of the plaintiff, Perishable his or her attorney, or agent, or other creditable person, be certified property may to any judge or justice of the peace, to be likely to waste or be destroyed by keeping; and if the person to whom it belongs, his or her attorney, agent, or factor, shall not within twenty days after the levy of the attachment, replevy the same, then such estate shall, by the order of said judge or justice, be sold at public vendue by such offieer; he having first advertised such sale at the court-house and two other public places in his county, at least fifteen days previously. 15 days noAnd the officer shall, within five days after such sale, return the order tice of sale. of sale to the court or justice to which the attachment is returnable, to be return ed, and prowith his proceedings thereon, and also at the time of making such re- ceeds paid turn, shall pay over into the hands of the clerk or justice, all money over within arising from such sale, which money shall be subject to the judgment sale. on the attachment. Any officer failing to return such order of sale as above directed, shall be liable to the like process of either the plaintiff or defendant, as officers are for failing to return writs of venditioni Order of sale 5 days after proceeded not return Officer, how exponas; and any officer, who, after the expiration of the time alagainst for lowed for paying the proceeds of the sale, shall neglect or refuse to pay the same on the demand of the clerk or justice, shall be subject paying over to the like proceedings at the instance of the clerk or justice, as officers money. are for failing to pay over money levied upon a fieri facias. ing order, or Attachments allowed where plain fendant are both non-residents. be given in the state. § 9. When any person being a non-resident of this state, is indebted to any person, also a non-resident, either by judgment, note, or tiff and de- otherwise, and removes his or her property into, or holds property in this state, which would be subject to attachment for the benefit of a resident of this state, the same benefit shall be extended to such nonresident, as is by law secured to persons residing within this state: Security to Provided, That such non-resident shall give good and sufficient security, residing in this state, to be approved by the judge of the county court where the property or effects may be, or any judge or clerk of the circuit court, for the amount and with the like condition as required in other cases; and that in addition to the oath now required Additional by law, such non-resident plaintiff, his agent or attorney, before obeath requir- taining any such attachment as is authorized by this act, shall swear that the defendant against whom such attachment is sued out, has not sufficient property within the state of the residence of said defendant, within the knowledge or belief of such non-resident plaintiff, his Restrictions agent or attorney, wherefrom to satisfy such debt or demand: And as to process provided also, That no judicial process shall be issued against the esresidents. tate of any person residing out of this state, by any one, whether a ed. against non against non. resident or non-resident, unless such process is grounded on an original attachment; or unless the leading process in the suit has been executed on the person of the defendant, when within this state. Attachments § 10. When two or more persons, not residing in this state, are resident part- jointly indebted, either as joint obligors, partners, or otherwise; then ners, joint the writ or writs of attachment may be issued against the separate and obligors, &c. joint estate of such debtors, or any of them, either by their proper names, or by the name and style of the partnership, or by whatever other name or names such joint debtors shall be generally reputed, known, or distinguished within this state, or against the heirs, executors, or administrators of them or any of them; and the lands, tenements, goods, chattels and effects, rights and credits of such debtors or any of them, shall be liable to be seized and taken for the satis faction of any such debt or other demand, and may be sold to satisfy the same. On what, and how levied. § 11. Attachments may be levied on the defendant's goods and chattels, and the manner of executing an attachment shall be by the officer's going to the house in which, or to the person in whose possession the defendant's goods or effects are supposed to be, and then and there declaring, in the presence of one or more credible persons of the neighborhood, that he attaches the said goods or other effects; from and after which declaration, the goods, money and effects so attached, shall remain in the custody of the officer levying on the same, unless the defendant, his or her agent or attorney, or some other perGoods may son, replevy the same, by giving bond and security in double the amount of the plaintiff's demand, conditioned that if the defendant be condemned in the action, he shall return the specific property attached, and in case he fail to do so, the securities will do it for him; or unless claim be made to the property levied on, and bond given to try Right of pro- the right of the same as in other cases, on which the same proceedings may be had as in trials of the right of property taken by virtue of a fieri facias: in which cases the officer shall suffer the property to remain in the possession, and at the risk of the defendant or claim be replevied. perty may be tried. issue on re trial of right ant. And the said replevin bonds, or bonds for the trial of the right of property, shall be lodged with the clerk or justice where the attachment is returnable; and should any such bond be forfeited according to its conditions, the officer taking the same shall forthwith enter Execution to thereon the necessary endorsement of forfeiture, and the clerk or jus- plevin bonds, tice shall immediately issue execution on the same against all the ob- or bonds for ligors therein; which duties of clerks and other officers shall be per- of property. formed under all the penalties and responsibilities prescribed in cases when forfeitof the forfeiture of forthcoming bonds, and bonds for the trial of the right of property in other cases: Provided, That for satisfactory cause Executions shown, any of the judges may supersede such execution, either may be suwholly or in part, and upon such security as the judge granting the same may deem proper. ed. perseded. ing attach § 12. Whenever any officer may be required to levy an attachment, Officer levy. such officer may require the plaintiff in the attachment, to execute to ment may rehim a bond of indemnity, in order to secure such officer, if it should quire indemafterwards appear that the property levied on does not belong to the defendant. nity. any time be ment. 13. Any person against whose estate an attachment has issued, Defendant his or her attorney, agent or factor, may, at any time before final judg- may replevy ment entered, or a writ of inquiry executed, upon giving special bail, fore judg replevy the estate so attached, and plead to issue, so that the plaintiff is not thereby delayed of his trial: Provided, That the defendant shall May plead not be required to give special bail, before he is admitted to appear cial bail. and plead. without spe dents may be 14. If the inhabitant of any other government have no goods or Lands of chattels within this state, but has lands within it, the sheriff shall exe- non-resicute such attachment upon his lands or tenements, agreeably to the levied on. provisions of the act concerning executions; and in case of the death of any debtor residing out of the limits of this state, having lands or other property therein, the creditor resident within the territory shall Executors in like manner be entitled to recover by attachment, against the ex- trators liaecutors and administrators; and execution shall issue accordingly ble, &c. against the property so left within the state. and adminis residents to fendant. 15. When any process in the nature of an attachment shall issue, Attachments and the defendant resides without the limits of this state, and has no against nonagent or attorney within the same, no judgment shall be rendered on be stayed. such attachment, until six months after the issuance thereof, or until the defendant be notified by conveying a notice to him or her by mail, when his or her residence is known, or by advertising the same in the manner the judge or justice issuing the attachment may direct, when the defendant's residence is unknown, which notice, it shall be Notice to dethe duty of the judge or justice to cause to be given, when the same can conveniently be done, and all proceedings on the attachment may at the discretion of the court or justice, be stayed for such time as the circumstances of the case may require, not exceeding one year from Stay not to the issuance thereof; and if the defendant appear, put in bail, and plead within the time limited for his or her appearance, his estate so attached shall be liberated, or if sold, the proceeds thereof refunded Estate disto him; and the garnishee or garnishees, if any, discharged; and it bail and shall be lawful for the jury, in case of such non-residents, to give as plea. damages legal interest upon the plaintiff's recovery, during the time ing continu of such extraordinary continuances. exceed one year. charged on Interest dur ance. give security 16. After judgment on attachment against non-residents, the Plaintiff to plaintiff shall before sale, and after execution is awarded, find secu- before sale of rity, who shall undertake for him, that if the defendant in the attach- non-resi ment shall within a year and a day next following, by himself or dent's estate. Plaintiff may amend defects of form. Who defend attorney, disprove or avoid the debt recovered by the plaintiff against him, or shall discharge the same with costs, that then the plaintiff shall restore to the defendant the goods or effects, or the value thereof, by the plaintiff attached and condemned, or so much thereof as shall be disproved or discharged, or else they will do it for him; which bond shall be taken and approved by the officer required to make the sale, and by him deposited with the other papers in the cause. § 17. The attachment law of this state shall not be rigidly and strictly construed; and in all suits commenced by original attachment, the plaintiff, before or during the trial, shall be permitted to amend any defects of form in the original papers, should the judge or justice be satisfied that such defects were not made for the purpose of defrauding the defendant in such suit. § 18. The person whose goods or effects are attached, shall be callant, and who ed the defendant in the attachment, and the person in whose possesgarnishee. sion they are attached, shall be called the garnishee. Garnishee shall be summoned. Shall answer. Proceedings nishees for contempt. § 19. When any officer shall serve an attachment in the hands of any person supposed to be indebted to, or supposed to have any of the effects of the defendant, he shall at the same time, summon such person as a garnishee in writing, to appear at the court, or before the justice where the attachment is returnable, within the first four days of the first term of the court, if returnable to court, or at the time of the return of the attachment, if returnable before a justice of the peace, there to answer upon oath, what he or she is indebted to the defendant, and what effects of the defendant he or she has in his or her hands, and had at the time of serving the attachment, and what effects or debts of the defendant, there are in the hands of any other, and what person, to his or her knowledge or belief: And it shall be lawful upon his or her appearance and examination, to enter up judgment and award execution against any such garnishee for all sums of money acknowledged to be due to the defendant, from him or her; and for all effects and estate of any kind, belonging to the defendant, in his or her possession or custody, for the use of the plaintiff, or so much thereof as may be sufficient to satisfy the debt and costs, and all charges incident to levying the same; and all goods and effects whatsoever in the hands of any garnishee, belonging to any defendant, shall be liable to satisfy the plaintiff's judgment, and shall be delivered to the officer serving the attachment. § 20. Where any garnishee shall be returned by the officer, sumagainst gar moned in manner aforesaid, and shall fail to appear and discover on oath as by this act is directed, it shall be lawful for the court, and it is required after calling the garnishee, to enter a conditional judgment against him, upon which a scire facias shall issue against such garnishee, returnable to the next term of the court, to show cause why final judgment should not be entered against him: And upon such scire facias being duly executed and returned, if such garnishee shall nisi and sci. fail to appear according to the mandate thereof, and discover on oath in manner aforesaid, the court shall confirm such judgment, and award execution for the plaintiff's whole judgment and costs. Judgment fa. vs. garnishee Proceedings § 21. When the attachment is returnable before a justice of the before justice peace, the garnishee shall be required to appear at the return of the of the peace. attachment, and answer upon oath, as in the foregoing section: and in case any garnishee so summoned shall fail to appear and answer as above required, the justice shall enter judgment by default against such garnishee; and if the garnishee appear and answer within ten days, said judgment shall be set aside, and such judgment entered as the justice of the case requires; but if the garnishee fail to appear within ten days after judgment by default, the justice shall issue a second summons, commanding the garnishee to appear at a time certain; and if the garnishee fail to appear at said time, final judgment shall be entered against him, for the amount of the plantiff's demand, and costs of suit, upon which execution shall issue. dis ering the pro § 22. In all cases when any garnishee may have in his possession Garnishee any property belonging to the defendent, or be indebted to him in any charge himspecific property, he shall be at liberty at any time within twenty self by deliv days after final judgment entered against him as garnishee, to deliver perty in 20 the same to the officer serving the attachment, or holding the execu- days after final judg. tion, in discharge of himself, and the same shall be sold to satisfy the ment. judgment against the defendant. And it shall be the duty of the proper officer, to demand the property deposed to be due from, or in the possession of any garnishee, at the usual place of residence of such garnishee, within a reasonable time after the final judgment rendered. nation of pears to bave he shall be § 23. If, upon the examination of any garnishee, it shall appear If on exami that there is any of the defendant's estate in the hands of any other garnishee, person who has not been summoned, or that any other person is in- any other ap debted to the defendant, the court or justice shall, upon motion of the property, or plaintiff, grant a judicial attachment, to be levied in the hands of such be indebted, person or persons, so holding property of, or indebted to the defend-summoned. ant, who shall appear and answer, and be liable as other garnishees. § 24. The defendant may, in all cases, show by competent testi- Defendant mony, that a garnishee is indebted to him in a greater amount than he may contest is willing to admit on oath. garnishee's answer. contest an § 25. The plaintiff wishing to controvert the garnishee's answer, Plaintiff may may do so by making oath, that he believes the same to be incorrect; whereupon, an issue shall be formed and tried as in other cases. swer. § 26. Every garnishee shall be allowed out of the effects attached, Allowance to reasonable satisfaction for his attendance; and where no goods are garnishees. attached, the same shall be taxed against the party causing such garnishee to be summoned. 27. All laws heretofore passed on the subject of attachments, ex- Repeal of forcept such as relate to the powers of courts over defaulting suitors and mer laws. officers, and in enforcing their orders, judgments, and decrees, are hereby repealed. ATTORNEYS. Attorneys to fice. § 1. No person shall be permitted to practise as counsel or attorney 1807—(4) at law, in any of the courts of this territory, without previously pro- be licensed ducing to the court a license; and in the presence of such court and sworn. shall take an oath to support the constitution of the United States, and also the following oath of office :-"I, A. B. do solemnly swear Oath of of (or affirm), that I will honestly demean myself in the practice as counsel or attorney; and will, in all respects, execute my office according to the best of my knowledge and abilities." And if any person shall presume to practise as counsel or attorney, without being licensed and qualified as aforesaid, he shall forfeit the sum of two hundred dollars for every cause he shall prosecute or defend, in any court in this territory, one-half to the use of the informer, and the other half to the |