ART. 10.] ATTACHMENTS.
as aforesaid is hereby declared illegal and void, and
shall be dismissed.
5. In all cases where two or more persons are
jointly indebted, either as partners or otherwise, and
an affidavit shall be filed as hereinbefore provided,
so as to make one or more of such joint debtors
amenable to the process of attachments, then the
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writ of attachment shall issue against the lands and
tenements, goods, chattels and credits of such as
are so brought within the provisions of this law ; but
the writ of summons shall issue against all the joint
defendants, as in other actions against joint defend-
ants.
6. In case the defendant is not satisfied with the
sufficiency of the surety or sureties, or any one of
them, or with the amount specified in the bond afore-
said, he may, at any time before judgment, apply to
the judge of the court in which the said bond is filed
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How attach-
ment and sum-
mons to issue
in cases of joint
indebtedness.
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for an order requiring the plaintiff to give additional
security, notice of which application shall be given
to the plaintiff, not less than four days, before the
same is made; and the said judge, if satisfied, from
evidence of the insufficiency of the said bond, may
order or require the plaintiff to give an additional
bond, with security to be approved of by the court,
in such sum and within such time as he may deem
proper, and in case the plaintiff shall fail to comply
with such order, the said writ of attachment shall be
quashed and the 'property attached, or its .proceeds,
if the same shall have been sold by order of the
court, shall be returned to the defendant.
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Additional se-
curity from
plaintiff.
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7. The practice and pleadings, under the writ of
attachment issued in compliance with the foregoing
sections, shall in all other respects, not herein pro-
vived for, conform, as near as may be, to the practice
and proceedings under writs of attachment against
non-resident and absconding debtors.
In force from March 9, 1864.
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Practice and
pleadings.
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