ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

of the United States* or before a commissioner
appointed by the state to take acknowledgments
of deeds, or before a notary public, or, if out of
the United States, before a consul or vice-consul
of the United States, or the affidavit may be
made before the clerk of the court from which
the attachment shall issue.
8. Upon making the affidavit and producing

797

the proofs before the clerk of the court from
which such attachment is to issue, or upon pre-
senting to said clerk the affidavit and proofs
when said affidavit is not made before him, he
shall issue an attachment against the lands,
tenements, goods, chattels and credits of said
debtor.
17. In all attachments the garnishee may ap-

Issue attach-
ment.

pear in court on the return day of such attach-
ment, or within four days thereafter, and confess
the amount of goods, chattels or credits in his
hands ; and if the plaintiff will not take judg-
ment of condemnation for the amount so ac-
knowledged, but shall claim a larger sum, then
the garnishee shall be allowed the costs of suit,
and reasonable counsel fees to be fixed by the
court, unless on a final decision the plaintiff
shall recover a larger amount than the gar-
nishee acknowledged as aforesaid; and in all
cases where, upon a plea of nulla bona, judg-
ment shall be entered for the garnishee, the
plaintiff, in addition to the taxed costs of suit,
shall be adjudged to pay to the garnishee rea-
sonable counsel fees to be fixed by the court.

May confess,
etc.

28. Attachment proceedings maybe amended
in the same manner and to the same extent as
any other suits or actions at law, so that the
same may be tried on their real merits and the
purposes of justice subserved ; nor shall any at-
tachment proceedings be quashed or set aside for
any defect in mere matter of form.
30. Any plaintiff having a judgment or decree

May be

amended.

in any court of law or equity in this state may,
instead of any other execution, issue an attach-
ment against the lands, tenements, goods, chat-
tels and credits of the defendant in the plaintiff's
own hands, or in the hands of any other person,
which attachment shall contain the clause of
scire facias required in an attachment against a

Scire facias.