ELIHU E. JACKSON, ESQUIRE. GOVERNOR.

tioner not less than five days before the same is
made ; and the said judge, if satisfied from evi-
dence of the insufficiency of the bond, may
order or require the petitioner to give an addi-
tional bond within such time as he shall deem
proper ; and in case of refusal to comply with
such order, judgment may be entered against
such petitioner to the amount of the real value
of the property levied upon, upon which execu-
tion may issue as provided by law ; and said
plaintiff may have an execution against the de-
fendant in the original attachment, provided
that but one satisfaction of the debt or demand
shall be made; and it shall be in the discretion
of the court in all such cases to dispose of the
matter of costs.
SEC. 4. And be it enacted, That sections nine

801

and twenty-nine of said article ten, and the act
of eighteen hundred and sixty-one, chapter sev-
enty-seven, sub-titled " An act to add a new sec-
tion to said article ten, under the sub-title of
'Attachment in actions, ex contractu for unliqui-
dated damages, and for wrongs independent of
contracts,' " be and the same are hereby sever-
ally repealed.
SEC. 5. And be it further enacted, That a new

Repealed.

section be added to said article ten, to be sub-ti-
tled "Attachments on actions, ex contractu for
unliquidated damages, and in actions for wrongs
independent of contract," to read as follows :
Attachments may also be issued against non-
resident or absconding debtors, in cases arising
ex contractu, where the damages are unliqui-
dated, and in actions for wrongs independent of
contract ; but in such cases no attachments
shall issue until a declaration shall have been
filed, setting out specially and in detail the
breach of contract complained of, or the tort
actually committed, verified by the affidavit of
the plaintiff or some one on his behalf, and
until a bond shall be filed, similar in all respects
to the bond required to be given in cases of
attachments on original process for fraud, as
prescribed by section forty of this article. In
cases arising under this section, the practice and
pleadings shall in all other particulars conform
to the practice and proceedings against non-res-
51

New section.