50 ATTACHMENTS. [ART. 10.

as said judge may approve, conditioned to prosecute said appeal
with effect, or in default thereof to pay such costs and damages
as the absent defendant or other persons interested in said pro-
perty or credits may incur, or suffer by reason of such attach-
ment and appeal, the attachment shall remain in force as if no
such petition had been filed.

24. The party appealing under the preceding sections shall
have ten days from the date of the judgment quashing any such
writ of attachment within which he may file his appeal bond,
and the writ of attachment shall remain in force during that
time.

25. When two summonses have been returned "non est"
against the defendant in any of the courts of law of this State,
the plaintiff, upon proof of his claim as hereinbefore required,
shall be entitled to an attachment, and the judge of 'the court
where such action is pending shall order such attachment to
issue, and the same proceedings shall be thereupon had as in
attachments issued against absconding debtors.

26. If any person of full age residing out of this State is
entitled by descent or devise to any lands or tenements lying in
this State, and the person from whom such lands descended or
by whom the same were devised was indebted to any person, the
court in which any suit against such heir or devisee may be in-
stituted, may award an attachment against the lands and tene-
ments of such heir or devisee, held by descent or devise from
the person so indebted, in the same manner and to have the same
effect as attachments awarded against other persons residing out
of the State.

27. Any of the courts of this State out of which any attach-
ment has issued, or any judge thereof in vacation, may order a
sale of any personal property which may be levied on by virtue
of such attachment, (whenever the court or judge may deem
such sale expedient,) on such terms and notice as the order may
prescribe, and such sale may be ordered before or after the return
of the attachment, and the proceeds of such sale, after payment
of the expenses incident thereto, shall be paid into court and
deposited to the credit of the suit in which the order was passed.

28. No writ of attachment shall be quashed by reason of the
omission or misspelling of the Christian name of any non-resi-