ART. 10.] ATTACHMENTS. 47

a justice of the peace of the county or city where the attach-
ment is to be issued, he shall forthwith issue his warrant to the
clerk to issue an attachment in the same manner as if the affi-
davit had been made before said justice; and the clerk, upon the
receipt of the warrant, affidavit and proofs, shall issue an attach-
ment as required by the preceding section.

10. There shall be issued with every attachment, a writ of
summons against the defendant, and a declaration or short note
expressing the plaintiff's cause of action shall be filed, and a copy
thereof shall be sent with the writ to be set up at the court house
door by the sheriff, or other officer.

11. Any kind of property or credits belonging to the defend-
ant, in the plaintiff's own hands, or in the hands of any one else,
may be attached; and credits may be attached which shall not
then be due.

12. Every attachment issued under the preceding sections
shall contain a clause commanding the sheriff or other officer,
at the time of executing the said attachment, to make known to
each person in whose hands or possession the lands, tenements,
goods, chattels, and credits so attached are, if to him or them it
shall seem meet, to be and appear on the return of such attach-
ment before the court out of which it issued, to show cause why
such lands, tenements, goods, chattels or credits so attached
should not be condemned and execution thereof had and made
as in other cases of recoveries and judgments given in courts
of record.

13. If neither the defendant nor the garnishee in whose hands
the property or credits may be attached shall appear at the
return of the attachment, the court shall and may condemn the
property and credits so attached, and award execution thereof;
Provided, that no such execution issue unless the plaintiff give
bond or sufficient security before the court awarding the execu-
tion, to make restitution of the lands, tenements, goods, chattels
or credits so as aforesaid condemned, or the value thereof, if the
defendant shall at any time within a year and a day—to be
accounted from the return of said attachment—appear to the
said original action, and make it appear that the claim of the
said plaintiff, or some part thereof, is not due to the said
plaintiff.