ART. 9.] FOR DAMAGES AND TORTS. 81

all other respects not therein provided for, conform, as near as
may be, to the practice and proceedings under writs of attach-
ment against non-resident and absconding debtors.

1863, ch. 447.

42. Every justice of the peace may issue an attachment in
any of the cases mentioned in section 35 of this article, where
the sum claimed shall not exceed one hundred dollars, upon the
party applying for the same making before the justice the affi-
davit, and exhibiting the proofs and vouchers necessary to author-
ize an attachment to be issued from the circuit court in such
cases, and giving bond, with security to be approved by said
justice, in double the sum alleged to be due, and conditioned as
is provided in section 38 of said article, except such changes of
language as may be necessary to make the same applicable to a
proceeding before a justice of the peace; and such attachment
shall be returnable before the justice who issued it, on a day
certain to be named therein, not less than twenty nor more than
thirty days from the date of issuing it; and the plaintiff shall
give notice of the issuing of such attachment in the same manner
as in case of attachments before a justice against non-resident or
absconding debtors; and a writ of summons shall also be issued
with such attachment, as is usual in cases of debt before a jus-
tice, and the proceedings on such attachment shall conform as
near as practicable to the practice and proceedings under writs of
attachment against non-resident or absconding debtors, issued by
a justice of the peace.

Attachments in Actions Ex Contractu for Unliquidated
Damages, and In Actions for Wrongs Inde-
pendent of Contract.

1888, ch. 507.

43. Attachments may also be issued against non-resident or
absconding debtors, in cases arising ex contractu, where the dam-
ages are unliquidated, and in actions for wrongs independent of
contract; but in such cases no attachments shall issue until a dec-
laration shall have been filed, setting out specially and in detail
the breach of contract complained of, or the tort actually com-
mitted, verified by the affidavit of the plaintiff or some one on
6