ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

tion of said bond shall be substantially in the
following form : The condition of this obligation

799

is such that, whereas the above bounden.........
hath, on the day of the date hereof, ordered an
attachment out of (naming the court from which
the said attachment shall issue) at the suit of
..........i?............ for the sum of.......... and the
same being about to be sued out of said court,
returnable on the ......... day ......... next. Now,
if the said......... shall prosecute his suit with ef-
fect, or in case of failure thereof shall well and
truly pay and satisfy the said ......... and any
other persons interested in the proceedings, all
such costs on said suit and such damages as shall
be awarded against ............. his heirs, execu-
tors or administrators in any suit or suits
which may hereafter be brought for wrongfully
suing out said attachment, then the above obliga-
tion to be void, otherwise to remain in full force
and effect; every attachment issued without a
bond and affidavit taken as aforesaid is hereby
declared illegal and void, and shall be dismissed.
SEC. 6. In case the defendant, or any other
person interested in the proceedings, is not satis-
fied with the sufficiency of the surety or sureties,
or any one of them, or with the amount specified

Obligation.

in the bond aforesaid, he may, at any time be-
fore judgment, apply to the judge of the court in
which the said bond is filed for an order requiring
the plaintiff to give additional security, notice
of which application shall be given to the plain-
tiff not less than four days before the same is
made; and the said judge, if satisfied from evi-
dence of the insufficiency of the said bond, may
order or require the plaintiff to give an addi-
tional 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 or be otherwise dis-
posed of, as shall be ordered by the court.

Give addition-
al security.

SEC. 3. And be it enacted, That sections forty -
five, forty-six and forty-seven of said article ten,
as added to said article by the act of eighteen

Repealed and
re-enacted.