ART. 51.] JUSTICES OF THE PEACE. 359

if the defendant had been returned summoned'and had failed to
appear.

39. Any person making the affidavit, and exhibiting the proofs
and vouchers necessary to authorize an attachment to be issued
from the Circuit Court against a non-resident or absconding
debtor, may have an attachment issued by a justice of the peace
against such debtor, if the cause of action does not exceed one
hundred dollars.

40. Such attachment shall be returnable before the justice who
issued the same, upon a day certain to be named therein, not less
than twenty nor more than thirty days from the date of the
issuing thereof.

41. The plaintiff at the time of issuing the attachment, shall
give notice by setting up at three or more of the most public
places in the election district or ward in which such attachment
may issue, at least ten days before the return day thereof, an
affidavit of the truth of his claim, together with a copy of such
claim, and also a copy of such attachment.

42. If the defendant, or the garnishee in whose hands property
may be attached, shall not show cause to the contrary, the jus-
tice may condemn such property; Provided, ho is satisfied by the
oath of the plaintiff or by other proof, that the notice required *
above has been given.

43. The plaintiff, in an attachment, before execution on any
judgment of condemnation shall be issued, shall give bond to the
defendant in such penalty as the justice of the peace shall direct,
not less than double the amount of the judgment of condemna-
tion, with good and sufficient security, to be approved by the
said justice, and conditioned to make restitution of the property
so condemned, or the value thereof; and to pay such damages as
may be awarded to the defendant, if the defendant shall at any
time within twelve months and a day from the date of issuing
the attachment, appear, either in person or by his agent, before
the justice issuing such attachment, or before some other justice
of the same county, and make it appear that the plaintiff has
satisfied the said debt, or show that it ought not to be paid, or
that the said defendant was not indebted to the plaintiff at the
time of issuing said attachment.