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MCKIM v. ODOM. 427
I can, therefore, feel myself at liberty to make no otter altera-
tion than to settle the amount in reference to the present value of
money, and to declare, that upon the first distringas to compel an
appearance or answer, the sheriff shall take issues or personal
property of the corporation, to the amount of twenty dollars; and
upon the alias distringas he shall levy forty dollars; and on the
pluries distringas he shall distrain the whole of the personal estate,
together with the rents and profits of the lands, (e)
If it shall be ascertained by the return of all these successive
writs, that the corporation has no property upon which a distringas
may be levied, or which can be taken under a sequestration, then
the bill may be taken pro confesso, and the plaintiff may obtain re-
lief accordingly; (d) or if, having no property, or after all its pro-
perty has been sequestered, it still stands out, and refuses to appear
and answer, then, according to what seems to be the better and
more reasonable opinion, the plaintiff may have an attachment
against the members; or, at least, those of them who have been
duly summoned, or served with the subpaena, and thus notified of
the institution of the suit, (e)
If, after a decree, the corporation neglects to comply therewith,
upon being served with a copy of it according to the ancient prac-
tice, (f) as recognized by the act of Assembly; (g) now dispensed
with; (h) the plaintiff* may obtain a distringas to enforce obedience
to it; and after the return of the first writ of distringas, he may
have a sequestration; (f) and if the sheriff returns, that the body
politic has nothing upon which the distringas can be levied, then
the members of the corporation may be attached, or such other
proceedings had according to the nature of the case, and having a
proper regard to the extent of the liability of the members of the
body politic, as may be deemed proper and lawful, (j)
Whereupon it is Ordered, that a writ of distringas be issued as
prayed by the said petition of the plaintiffs, which writ is hereby
directed to be endorsed and levied as above prescribed.
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(e) East India Company's case, 1 Salk. 191.—(d) Salmon v. The Hamborough
Company, I Ca. Chan. 204; Curson v, African Company, 1 Vern. 121.—(e) Rex v.
Gardner, Cowp. 85; London v. Lynn, 1 H. Blac. 206,—(f) 2 Mad. Pr. Chan. 400.—
(g) 1785, ch, 72, s. 25.—{h} 1818, ch. 190, s. 4.—(t) Harvey v.. East India Com-
pany, 2 Vern. 395; S. C. Prec. Chan. 129; Com. Dig. tit Franchises, F, 19,—
(j) 2 Mad. Pr. Chan. 466; Salmon e. The Hamborough Company, 1 Cha Cas. 204;
Adley v. The Whitestable Company, 17 Ves. 324; S. C. 1 Meriv. 107.
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