Duty of sher

iff on war

rant.

TITLE 1. 7. The sheriff to whom any such warrant shall be directed and delivered, shall immediately attach all the real estate of such debtor, and all his personal estate, including money and bank notes, except articles exempt from execution; and shall take into his custody all books of account, vouchers and papers relating to the property, debts, credits and effects of such debtor, together with all evidences of his title to real estate; which he shall safely keep, to be disposed of as herein after directed.3

Inventory to be made, &c.

Perishable goods may be sold.

Claim of property, how

tried.

Proceedings

if found for claimant.

Costs and charges.

$8. He shall, immediately on making such seizure, with the assistance of two disinterested freeholders, make a just and true inventory of all the property so seized, and of the books, vouchers and papers taken into his custody, stating therein the estimated value of the several articles of personal property, and enumerating such of them as are perishable; which inventory, after being signed by the sheriff and the appraisers, shall, within ten days after such seizure, be returned to the officer who issued the warrant.3

S9. If any of the property so seized, other than vessels, be perisha'ble, the sheriff shall sell the same at public auction, under an order of the officer who issued the warrant, and shall retain in his hands the proceeds of such sale, after deducting his expenses, to be allowed by such officer; which proceeds, shall be disposed of in the same manner, as the property so sold would have been, if it had remained unsold.4

$10. If any goods or effects, seized as the property of the debtor, other than vessels, shall be claimed by, or in behalf of, any other person as his property, the sheriff shall summon and swear a jury to try the validity of such claim, in the same manner and with the like effect, as in case of seizure under execution.5

$ 11. If, by their inquisition, the jury find the property of the goods and effects so seized to be in the person so claiming them, the sheriff shall forthwith deliver them to the claimant or his agent; unless the attaching creditor shall, by bond with sufficient sureties, indemnify the sheriff for the detention of such goods and effects. In case of such indemnity, the sheriff shall detain such goods and effects, to be disposed of, as herein after directed."

$ 12. If the property in such goods be found to be in the claimant, the costs and charges arising from such inquisition, to be allowed by the officer issuing the warrant, shall be paid out of the estate of the debtor; but if it be found to be in the debtor, then the costs and charges, to be ascertained in the same manner, shall be paid by the claimant. 5

(3) 1 R. L. 157, § 1. (4) Ib. 157, § 3. (5) Ib. 158, § 4.

Proceedings

domestic ves

$13. When a vessel belonging to any port or place in this state ART. 1. or any of the United States, or any share or any interest in such vessel, shall be attached; on the application within thirty days thereaf- on claim to ter, of any person claiming such vessel or share, or of his agent, sel the officer who issued the warrant, may cause the vessel or share so seized, to be valued by three indifferent men to be appointed by such officer."

be given.

$14. Within two days after such appraisement shall be made, the r. Bond to claimant or his agent may execute a bond with sureties to be approved by such officer, to the people of this state, in a penalty double the amount of such appraised value, conditioned, that in a suit to be brought on such bond, the claimant will establish, that he was the owner of such vessel or share at the time of the seizure, and in case of his failure to do so, that he will pay the amount of such valuation with interest from the date of the bond, to any trustees who may be appointed on such attachment; or in case none be appointed according to law, or the attachment be discharged, to such debtor or his personal representatives."

discharged.

$15. Upon such bond being executed and delivered to such offi- Vessel when cer, he shall order the vessel or share so seized to be discharged from the attachment, and the sheriff shall discharge such vessel or share accordingly.

to be sued.

$16. If trustees be appointed upon such attachment, they shall When bond immediately commence a suit on such bond; or in case none be appointed according to law, or the attachment shall be discharged, the debtor or his personal representatives may prosecute such bond.

such suit.

§ 17. In such suit, the claimant may give in evidence in bar of a Defence in recovery, that he was the owner of the vessel or share seized at the time of issuing such warrant. If he fail to establish such ownership, or if judgment shall pass against him by default or on demurrer, the party prosecuting such suit, shall recover the amount of the valuation of such vessel or share, with interest from the date of the bond, to be assessed as damages.

sel how valu

$ 18. Whenever a foreign vessel, or a share or interest in any Foreign vesforeign vessel, shall be attached, such vessel or such share or interest, el may be valued in the manner above prescribed, upon the application of any person, who shall by his affidavit swear, that he is the owner thereof, or upon the application of the agent of such owner, who shall by his affidavit swear that he is such agent, and that he verily believes his principal to be the owner of the vessel or share so attached."

(6) Laws of 1822, p. 238, § 1. (7) Ib. § 2:

TITLE 1. $ 19. Such notice of such application shall be given to the attaching creditors, as the officer to whom the same is made, shall deem reasonable.8

Notice thereof.

Creditors to

give bond

$20. Within three days after such valuation shall be returned to with sureties. the officer who directed the same, the creditors at whose instance the attachment issued, shall execute a bond with sureties to be approved by such officer, to the person in whose behalf such claim shall be 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 such attachment, to the person in whose behalf such claim shall be made.8

Vessel, when to be discharged.

No other warrant till

$21. Unless such bond be given as above prescribed, the officer who issued the attachment shall grant an order discharging the vessel, share or interest so claimed, from such attachment; and the same shall be discharged accordingly,

$22. If, after an attachment has been levied upon a foreign vesbond given. sel, a valuation of the same or of the share or interest therein seized, be made, 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 above prescribed, shall be given by the person requiring such warrant.R

Terms on which debtor

$ 23. If, after the execution of any such bond by an attaching credimay claim tor, the attachment shall be discharged, or the proceedings shall cease, such vessel by the omission to appoint trustees according to law, the debtor against whom such attachment issued, or his agent, shall be entitled to claim such 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 made as herein directed, 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.

When vessel

to be sold.

$ 24. If the bond of the attaching creditor be not discharged, or he be not indemnified as above directed, within one month after the debtor became entitled to claim such vessel, share or interest, as above prescribed, 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 shall be paid to the attaching creditor who executed such bond, for his indemnity.

(8) Laws of 1822, p. 238, § 2.

$25. If no claim be made by any owner of a 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 herein directed 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; 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.

Ib.

$26. When a share in any vessel, foreign or domestic, shall be to seized, if no claim to such share be made by any owner thereof, as herein provided, within thirty days after such seizure, it may be sold by the sheriff, under an order of the officer issuing the attachment, to be granted on the application of any joint owner, or of his agent.

ART. 1.

time of sales,

$27. Whenever a sale of perishable property, or of a vessel or Officer to fix share of a vessel, shall be ordered by any officer as herein authorised, &c. he shall in such order, prescribe the time, place and notice of such sale, and how the same shall be published.

tachment.

$28. Whenever any warrant of attachment shall be issued pur- Notice of atsuant to the provisions of this Article, the officer issuing the same, shall thereupon immediately order the notice herein after directed, to be published in the state paper, and in a newspaper printed in the city of New-York, and in a newspaper printed in the county to which any attachment shall be issued, if there be one, and if there be none printed in such county, then in a newspaper printed nearest to such county. 9

lication.

329. Such notice shall be published once in each week, for three Time of pubmonths in the case of an absconding or concealed debtor, and for nine months in the case of a non-resident debtor."

notice; ab

debtor.

$30. In the case of an absconding or concealed debtor, such notice Contents of shall state that an attachment has issued against the estate of such sconding debtor, and that the same will be sold for the payment of his debts, unless he appear and discharge such attachment according to law, within three months from the first publication of such notice; and that the payment of any debts, and the delivery of any property belonging to such debtor, to him or for his use, and the transfer of any property by him, for any purpose whatever, are forbidden by law, and are void.9

dent debtor.

$31. In the case of a non-resident debtor, such notice shall state b Non-resi the issuing of the attachment against his estate, and that the same will be sold for the payment of his debts, unless he appear and discharge

(9) 1 R. L. 157, § 2; Laws of 1822, p. 239, § 3.

TITLE 1. such attachment according to law, within nine months from the first

Defence in actions bro't

publication of such notice; and that the payment of any debts due to him by residents of this state, and the delivery to him, or for his use, of any property within this state belonging to him, and the transfer of any such property by him, are forbidden by law, and are void. 10

$32. All sales, assignments, transfers, mortgages, and conveyances of any part of the estate, real or personal, including things in action, of every such absconding or concealed debtor, made after the first publication of such notice, in payment of, or as security for, any existing or prior debt, or for any other consideration, and all judgments confessed by him after that time, shall be absolutely void as against his creditors. 11

$33. All such dispositions of the estate of a non-resident debtor, real or personal, within this state, including things in action, and demands against any residents of this state, made after the first publication of such notice, shall be absolutely void as against his creditors.

$34. After the first publication of such notice, every person indebted to an absconding or concealed debtor, and every person having possession of any property belonging to such debtor, shall account and answer for the amount of such debt and for the value of such property, to the trustees who shall be appointed upon such attachment; and every person within this state indebted to such non-resident debtor, or having possession of any property belonging to such debtor, shall in like manner account and answer for the amount of such debt, and for the value of such property."

12

S35. Every payment made to a debtor after the first publication of such notice, of any debt or any part thereof, and every delivery of any property belonging to a debtor for which any person is liable by the last section, to account to any trustees; shall be deemed fraudulent as against such trustees.

12

pre

$36. If any person liable to account to any trustees as before by debtor. scribed, for any debt or property, shall be prosecuted for the same by any debtor, he may give in evidence under the general issue, the fact of an attachment having been issued, and the publication of the notice herein required, at the time of the commencement of such action, in bar thereof.12

Affidavit. &c.

by other creditors.

$37. After any application shall have been made, by any creditor, for a warrant of attachment against any concealed or absconding or non-resident debtor, any other creditor of such debtor, having any demand against such debtor, then due, whatever may be its amount, may file with the officer who issued such warrant, an affidavit specifying the sum, in which the debtor is indebted to such creditor, over (10) 1 R. L. 157, § 2; Laws of 1822, p. 239, § 3. (11) I R. L. 158, § 6. (12) Ib. p. 157, § 5