Page:United States Statutes at Large Volume 28.djvu/698

 FIFTTTHIRD CONGRESS. Sess. 111.* C11. 100. 1894L 66Q the justice, enters into an undertaking to pay and satisfy whatever final judgment may be recovered in the appellate court. Src. 4. That writs of attachment shall he issued by justices of the wan or immpeace wheuever the plaintiff, his agent, or attorney shall lile with said °'°?°' justice of the peace, whether atthe commencement or during the pendency of- a suit, an andavit, supported by the testimony of one or more. witnesses, showing the grounds upon which he bases his claim, srnsun •• eo and also setting forth-that the plaintiff has a just rightto recover °'°°”°" against the defendant what he claims in his said ailidavit, and also stating, either lirst, that the defendant is a nonresident of the District, or, second, that the defendant evades the service of ordinary process by concealing himself or by withdrawing from the District temporarily, or, third, that he has removed or is about to remove some of his property fmm the District so as to defeat just demands against him, and shall iile his (plaintiii"s) undertaking with sufficient surety, to be approved Bond. by said justice of the peace, to make' good all costs and damages which the dafeudant may sustain by reason of the wrongful suing out of the attac ment. - - · Sec. 5. That if the defendant, his agent, or attorney shall file an nmaqumna. auldavit traversing the plaintiffs atlidavit, the justice of the peace shall determine whether the facts set forth in the plaintih"s allldavit are true, and whether there was just ground for issuing the writ of attachment, and if the facts do not sustain the allidavit the justice of the peace shall quash the writ of attwhment or garnishment, and this issue may be tried by said justice of the peace summarily. Sec. 6. That the thing attached shall not be discharged from the "g_*•:t}:c*g•_d¤f smpeustody of the officerseizing it until the defendant shall deliver to the ‘ said justice of the peace, to be filed in the cause, his undertaking, with sufficient surety, to satisfy and pay the ilnal judgment against him: - Provided, however, That the principal and surety on such undertak- nam. ing shall not be liable in a greater sum than the value of the thing m"'""' *"'”"· discharged from such attachment as aforesaid, and for' costs and disbursements. I ‘ Sec. 7. That if the defendant fail to execute such undertaking pro- ¤,f•é•{°P•¤*·¤¤b¤•¤- vided for in the last preceding section, and it shall appear from the testi— ’ ' mony of disinterested witnesses that any of the property is of a perishable nature, or if the parties to the cause file their consent in writing therefor, the justice may issue his order directing the ohicer having custody thereof to dispose of the same as upon execution, and' the money realized therefrom shall be paid over to thejustice and applied as other money realized from the sale of the property attached is apphed. Sec. 8. That in case the defendant be found liable to the plaiutifl"s ugndgmut for pun., claim, in whole or in part, the final judgment shall be that the plaintilf ‘ recover against the defendant and his sureties. . Sec. 9. That publication may be substituted for personal service of ,__”P¤¤1l¤•¤¤¤¢¤r»¤- process upon any defendant who can not be found in suits by attachment. ‘ S20. 10. That no order for the substitution of publication for per- 0¤i·¤·· sonal service shall be made till a summons for the defendant shall have been issued and returned “not to be found." Sec. 11. That the order of publication shall be in the following or rm. equivalent form: IN JUs*rxon’s ootmr or um ms·rmc·r or 00L01m1A. Before, esq., a justice of the peace. A. B., plaintill; _ vs. No. C. D., defendant. . _ A summons in due form having been issued out of this court to a lawful constable of this District for the said defendant, and the same