sustenance; the expence of which was to be adjusted by the court, and taxed in the bill of costs against the party who was cast. The same principle was adopted, in relation to executions. (See 1 Rev. Code, p. 299. sect. 20.) Afterwards a specific sum was allowed for slaves, and live stock, respectively, which operated alike in every part of the state. (See 1 Rev. Code, p. 325. sect. 10.) But this being deemed unreasonable, in as much as the means of sustenance was liable to fluctuate with the different seasons of the year, and was of different value in various parts of the commonwealth, the legislature, at the session of 1806 (see 2 Rev. Code, p. 134, sect. 2.) passed an act, making it the duty of the county and corporation courts annually, in the months of May and October, to settle and adjust the compensation to be allowed to sheriffs and other officers, for slaves and live stock taken by attachment or execution; provided, that for a slave the allowance should not exceed twenty cents per day; for a horse, or mule, seventeen cents; for each head of horned cattle, or hog, nine cents; for each sheep, or goat, six cents.

12. (1 Rev. Code, p. 117. sect. 14) " upon proof being made before a magistrate, that a debtor is actually moving or absconding on a Sunday, it shall be lawful to issue and serve an attachment against such debtor, as is directed on any other day."

V. WHERE THE CREDITOR SUSPECTS HIS DEBTOR WILL REMOVE BEFORE THE DEBT WILL BE PAYABLE, OR WHERE HE HAS REMOVED, LEAVING EFFECTS.

13. (2 Rev. Code, p. 98. sect. 1.) " Whenever any creditor whose claim amounts to ten dollars, or four hundred pounds of tobacco shall have sufficient grounds to suspect that his debtor will remove with his effects out of this commonwealth, before his debt will be payable, or whenever such debtor shall have so removed, leaving effects, it shall be lawful for such creditor to go before any magistrate of the county or corporation where his debtor resides, or, in case such debtor has so removed, where he last resided, or where his effects may be found, and make oath to the true amount of his debt, and the time when it will be payable, and that he has just cause to suspect and verily believes that such debtor will remove himself, with his effects, out of the commonwealth, before the said debt will become payable, or hath actually so removed; and also that he had no knowledge, when the said debt was contracted, of the intention of such debtor so to remove : and thereupon, such magistrate, taking bond and security from the creditor, as in other cases of attachments, shall issue an attachment (H) (1) against the goods and chattels of the debtor, returnable at the next court to be holden for such county or corporation; which attachment may be served on any goods and chattels of such debtor, or on any garnishee or garnishees. If such debtor shall not, on or before the return of such attachment, enter into bond with sufficient recur

ty for the payment of the said debt, when it will become due, the court, on due proof of the justice thereof, and of the intention of the debtor to remove, or of his having actually removed out of this commonwealth, shall grant judgment as in other cases of attachments: but execution shall be stayed against any garnishee, who shall state he is indebted, or will, at a future day be indebted to the defendant, until the claim of the plaintiff or such garnishee's debt to the defendant shall become due; and the goods condemned shall be sold on a credit until the time when the plaintiff's claim shall be payable. The sheriff or other officer selling such goods, shall take a bond or bonds (K) with good security, from the purchaser or purchasers, and assign the same to the plaintiff, to the amount of his debt, interest and costs; and where the property sold shall amount to more than the debt, interest and costs, shall take a bond (L) with good security for the surplus, and assign the same to the defendant: Provided always, That not more of the goods attached shall be sold than shall be necessary to satisfy the debt, interest and costs, except in cases where the property sold cannot be divided. In such cases, the sheriff or other officer shall be entitled to commissions only on the amount of the plaintiff's demand; which commissions shall be included in the bond or bonds assigned to such plaintiff, who shall be liable therefor as for commissions included in a forthcoming bond taken by virtue of an execution: Provided also, That all such attachments shall be repleviable in the same manner as other attachments are by law repleviable. Where any such debt shall be less than ten dollars, or four hundred pounds of tobacco, an attachment may be obtained as aforesaid (N) returnable before any magistrate of the county or corporation, who shall and may grant judgment thereupon, and direct the goods condemned by him to be sold in manner aforesaid, or execution to be stayed as aforesaid against any garnishee or garnishees."

(H) Warrant of attachment, where the creditor suspects his debtor will remove before the debt is payable. (On sect. 1 of 2 Rev. Code, p. 98.)

to wit:

To the sheriff or constable of the said county.

, on the

day of

Whereas A. C. hath this day made oath before me, I. P. a justice of the peace for the county, aforesaid; that B. D. of the said county, will be indebted to him in the sum of next, by virtue of, &c. (here describe the nature of the debt, whether by account, bond. bill, note, &c.) and that he hath just cause to suspect and verily believes that the said B. D. will remove himself, with his effects. out of this commonwealth, before the said debt will become payable, and that he the said A. C. had no knowledge, when the said debt was contracted, that the said B. D. had any intention so to remove with his effects: These are therefore to require you to attach the goods and chattels of the said B. D. or so much thereof as

will be of value sufficient to satify the said debt and costs; and such estate, so attached, in your hands to secure, or so to provide, that the same may be liable to further proceedings thereon to be had at the next court to be holden for the said county of when and where

you are to make return how you have executed this warrant.

(1) Warrant of attachment, where the debtor has removed, before the debt became payable: (under the above law.)

to wit:

To the sheriff or constable of the said county, Whereas A. C. of

day of

on ac

hath this day made oath before me, J. P. a justice of the peace for the county aforesaid, that B. D. late of th county of will be indebted to him in the sum of next, by virtue of &c. (here describe the natu: £ the debt, whether by account, bond, bill, note, &c.) and that the said B. D. hath removed himself out of this commonwealth, leaving effects, in the county of before the said debt became payable, and that he the said A. C. had no knowledge when the said debt was contracted that the said B. D. had any intention so to remove: These are therefore to require you to attach the goods and chattels of the said B. D. or so much thereof as will be of value sufficient to satisfy the said debt and costs; and such estate, so attached, in your hands to secure, or so to provide, that the same may be liable to further proceed. ings thereon to be had at the next court to be holden for the said county of , when and where you are to make return how you have executed this warrant.

For the form of the bond to be taken previously to granting the attachment; see antea, form (B.)

(K) Bond to be taken on the sale of the attached effects.

(The penal part of the bond may be the same as antea, form (C) being payable to the sheriff or officer selling the goods, with the following condition :)

"The condition of the above obligation is such, that whereas A. C. hath sued out of the county court of a writ of fieri facias against the goods and chattels of B. D. grounded on a judgment of the said court upon an attachment; which writ, with the legal costs, and sheriff's (or other officer's) commissions attending the execution of the same, amounts to the sum of ; and by the said writ the said sheriff (or other officer) is commanded to sell the attached effects of the said B. D. on a credit, until the day of in the year , to satisfy the debt and costs aforesaid; and now this day, the above bound E. P. (the purchaser) at a sale of the said attached effects, became the purchaser, as the highest bidder, of sundry of the said

at

goods and chattels, amounting to the sum of

; if therefore the

said E. P. his executors or administrators, shall well and truly pay to the said (sheriff or other officer) the said sum of day of

in the year

else to remain in full force.

Signed, sealed, &c.

, on or before the

then the above obligation to be void,

This bond is to be immediately assigned by the sheriff or officer to the plaintiff.

In entering up the judgment of the court, it should always be stated on what credit the attached effects are to be sold, which should be endorsed on the execution.

(L) Bond for the surplus, where the property sold cannot be divided.

(If the property be a specific thing, as a slave, a horse, &c. and consequently cannot be divided, the bond may pursue the form (K) till you come to this mark in the condition; then say :) "a certain negro slave named , (or a horse, &c.) at the price of, which amounts to the sum of more than the demand of the said A. C. including interest, costs and sheriff's (or other officer's) commissions on the said demand; if therefore the said E. P. his executors or administrators, shall well and truly pay to the said (sheriff or other officer) the said sum of (the surplus) then, &c.

This bond must be immediately assigned by the sheriff or officer to the defendant

In the above case, the sheriff's or other officer's commissions are to be included in the bond taken for the demand of the plaintiff, but not in the bond for the surplus. The word interest cannot properly be introduced, except when judgment is rendered against a garnishee, whose debt to the defendant is postponed beyond the time when the plaintiff's demand will become payable.

(M) Bond for the plaintiff's demand, where the property sold cannot be divided.

(Pursue form (K) till you come to this mark in the condition, then say ;)" a certain negro slave named ,(or a horse, &c.) at the price of ; and the demand of the said A. C. including, interest costs and sheriff's (or other officer's) commissions, amounting to the sum of , this bond hath been taken for the same pursuant to law; if therefore the said E. P. his executors or administrators, shall well and truly pay to the said (sheriff or other officer) the said sum of (the plaintiff's demand, including coats, and commissions, and interest, where it is properly demandable) then, &c.

If the judgment and execution be against a garnishee, the recital of the bond must be varied accordingly, so as to mention that circumstance.

(N) Warrant of attachment, where the debt is less than ten dollars, or four hundred pounds of tobacco: (On sect 1, of 2 Rev. Code, p. 98.)

(This attachment is finally cognizable before a single magistrate; and the above forms (H) and (I) may be used, only observing in the conclusion to omit from this mark *, and instead thereof, say ;) "before me or some other magistrate of the said county (or corporation, as the case may be) to whom you are to make return how you have executed this warrant."

The bonds to be taken on the sale of property, by virtue of an execution from a magistrate, may be the same as prescribed in forms (K) (L) (M) with this difference, that instead of saying the plaintiff "hath sued out a writ of fieri fucias, &c." you say, "hath obtained an &c." execution from J. P. a justice of the peace for the county of and in the subsequent parts of the bond, instead of saying "writ," you say "execution."

VI. RETURNS, IN CASES OF ATTACHMENTS.

(0) Where there are no effects.

"The within named B. D. hath no effects, within my bailiwick, (or precinct) whereof I can make the sum within mentioned.

D. S. deputy for H. S. sheriff of

or A. C. constable.

(P) Where the attachment is levied.

"By virtue of the within warrant to me directed, I have attached (describe the property) of the goods and chatteis of the within named B. D. which I have ready, as by the said warrant I am directed."

(Subscribed as in form 1.)

(Q) Where attached in the hands of a garnishee.

"By virtue of &c. I have attached the within mentioned sum of with interest and cost, of the estate of the within named B. D. in the hands of E. G. as by the warrant I am required; and have summoned the said E. G. to appear, &c. (either before a justice, or at as the case may be) to declare the next court for the county of what effects he hath in his hands belonging to the said B. D. or how much he is indebted to him."