probable solvency of the makers of the bonds ;-and on failure of any assistant adjutant-general to perform the said service, when and as required by the governor, he shall be liable to a fine of fifty dollars, to be recovered as other fines and forfeitures under the militia laws. 1827-(6) To be elected ASSESSOR AND COLLECTOR OF TAXES. 1. The assessors and tax-collectors for the different counties in this by the quali- state, shall be elected by the voters qualified by the constitution to fied electors. vote for members of the general assembly. Ib. Sec. 3. On the first § 2. All elections for said officers shall be holden annually on the Monday in day of the general election, preceding the year for which said officers may be elected. August. Ib. Sec. 4. how conduct. ed. Ib. Sec. 5. Sheriff to re. county court, § 3. The elections contemplated by this act, shall be conducted in the same manner and regulated by the same laws, as the elections for members of the general assembly. § 4. It shall be the duty of the sheriffs to report the persons elected turn election by virtue of this act, to the judges of the county courts of their respecto judge of tive counties, whose duty it shall be to give the person so elected a and Judge to certificate of his election, so soon as the assessor and tax-collector give certifithus elected shall comply with the laws now in force, by giving bond cate of election. with security and taking the necessary oaths of office. Ib. Sec. 7. Vacancy in office of assessor and collector to § 5. In case of vacancy either by refusal to accept, or to give bond and security, death, resignation, or otherwise, it shall be the duty of the judge of the county court and commissioners of roads and revenue, be filled by to fill such vacancy, on giving ten days notice of the time thereof: judge of County court, &c. 1821-(34) Sec. 2. collector to enter into bond. bond. Provided, that if the office of county court judge be vacant, the commissioners of roads and revenue shall make the appointment; and if a majority of them cannot agree, the appointment shall be made by the clerk of the county court; and if there be no clerk, by the justice of the peace residing nearest the seat of justice for the county in which such vacancy may exist. § 6. Each assessor and collector shall, before he enters upon the duAssessor and ties of his office, give bond and security, to be approved by the judge of the county court, payable to the governor for the time being and his successors in office, in the penal sum, of double the amount of Amount of the taxes of the county, to be estimated by the judge taking such bond, conditioned for the faithful performance of the duties required of him While in office; and the judge shall cause said bond to be recorded in the office of the clerk of the county court; and the clerk shall thereOriginal to after transmit said bond to the comptroller of the state, to be by him safely kept in his office; and a certified copy of the record of said bond shall be good and sufficient evidence thereof, in case the original shall be lost.1 To be record. ed. be transmit ted to comp. troller. Ib. Sec. 3. Oath to be taken. § 7. The assessors and collectors respectively shall, before they enter upon the duties of their office, take and subscribe the following oath, to wit: "I, A. B. do solemnly swear (or affirm) that I will to the best of my knowledge and abilities, perform the duties of assessor and collector of the taxes of the county of without partiality, fa vor, or affection: So help me God." 1 In case of the absence or incapacity of the judge, or when the office of judge is vacant, the bond may be taken by the clerk of the circuit court.-See "County Officers,”—§ 12. Sec. 4. elected, to 8. Should any assessor and tax-collector be re-elected to said of- 1829—(7) fice, it shall be his duty to present receipts in full from the state and Assessor and county treasurers, for the taxes of the preceding year, together with collector rehis bond for approval, to the judge of the county court, on or before produce rethe first Monday in January after such re-election; and should such ceipt in full tax-collector fail to do so, it shall be the duty of said judge, to declare the year prethe office of such tax-collector vacant, which vacancy shall be filled as Office va is provided by law. NOTE.-The foregoing title relates only to the appointment and qualification of assessors and collectors. Their duties, which are multifarious, will be found under the heads of "Tavern-keepers," &c. and "Taxes.” for taxes of ceding. cated by fail ure. ATTACHMENT. 1833-(22) ventus, or pluries ca not appear. final judg. Property at tached liable to the judg ment, and execution for the residue. Who may is. § 1. When a writ shall issue from any of the courts of this state, commanding the sheriff or other officer, to take the body of any per- On return of son, to answer any civil action in said court, and the sheriff shall re- non est inturn that the defendant is not to be found within his county, the plain- plaintiff may tiff may, at his election, sue out an attachment against the personal sue out alias estate of such defendant, or an alias or a pluries capias, returnable pias or an in the same manner as original process. And if on the issuance of attachment. an attachment, the sheriff shall return any goods by him attached, and Defendant the defendant shall fail to appear, and plead within the time limited by ing, plaintiff the laws regulating pleadings, the plaintiff shall be entitled, if in an may have action of debt, to final judgment, and if an action sounding in damages, ment, or into an interlocutory judgment, and may execute a writ of inquiry at the terlocutory judgment succeeding term. And the goods so attached, if not replevied or sold, with writ of according to the rules hereinafter prescribed, for goods taken on ori- query ginal attachments, shall remain in the custody of the sheriff until final judgment, and then be disposed of in the same manner as goods taken on a writ of fieri facias; and if the judgment shall not be satisfied by the goods attached, the plaintiff shall have execution for the residue. § 2. Original attachments, foreign and domestic, may be issued by any judge of the circuit or county courts, or any justice of the peace. 3. Every judge or justice, before issuing an attachment, shall re- ments. quire the party applying for the same, his agent, attorney or factor, to Affidavit remake affidavit in writing, that the person against whom the attach- fore issuing ment is prayed, absconds, or secretes him or herself; that he or she resides out of this state; that he or she is about to remove out of this state, so that the ordinary process of law cannot be served upon him or her; or that he or she is about to remove his or her property out of the state, and that thereby the plaintiff will probably lose the debt, or have to sue for it in another state; and shall further require the person applying for an attachment, his or her agent, attorney or factor, to swear to the amount of the sum due the plaintiff, and that an attachment is not sued out for the purpose of vexing or harassing the defendant; and shall further require the plaintiff, his agent, attorney or factor, to give bond payable to the defendant in double the amount sworn to be due, conditioned that the plaintiff shall prosecute his or her Plaintiff's attachment to effect, and pay the defendant all such damages as he or she may sustain by the wrongful or vexatious suing out of such attachment: which bond, together with the affidavit of the party complaining, his agent, attorney or factor, subscribed with the proper sue attach quired be an attachment. bond. fidavit to be returned ment. Bond and af- name of the person making the same, shall be returned by the judge or justice taking the same, to the court or justice to which the attachwith attachment is returnable; and upon such bond and affidavit being made as Duty of hereinbefore provided, it shall be the duty of said judge or justice, to judges and grant an attachment against the estate of such debtor, wherever the justices to issue attach- same may be found, in the hands of any person or persons, indebted ments. to or having any of the effects of the defendant, or so much thereof as shall be of value sufficient to satisfy the debt or demand, and costs of Attachment the complainant; which attachment shall be deemed the leading prothe leading cess in such action, and the same proceedings shall be had thereon, as in judicial attachments. Every attachment issued without bond and bond or affi- affidavit, taken and returned as aforesaid, shall be abated on the plea of the defendant. process. Attachment without davit, to abate. circuit or county court. Not exceeding 50 dollars, returnable before justice of the peace. Form of an attachment. § 4. Whenever the sum sworn to be due shall exceed fifty dollars, it shall be the duty of the person issuing the same, to make it returnable to the circuit or county court, as the party applying therefor may require. § 5. Justices of the peace shall have the exclusive right of issuing attachments, where the sum sworn to be due, shall not exceed fifty dollars; and all such attachments shall be returnable before some justice of the peace, according to the laws regulating the return of process, issued by justices of the peace. § 6. And to prevent errors in issuing attachments; and taking bonds thereupon, the attachment shall be in the following form, to wit: State of Alabama. To the sheriff county greeting: Whereas, A. B. (or A. B. attorney, agent or factor, as the case may be, of C. for upon the day of the said E. F. to appear and answer the above complaint of the said : when and where you shall make known to the said court judge (or justice) how you have executed this writ. Witness the day of Which attachment shall be signed and sealed by the judge or justice granting the same. And the bond to be given on obtaining such attach Know all men, that we Form of the (as the case may in the sum of bond. ment, shall be in the following form, to wit: and , all of the county of be) are held and firmly bound unto to be paid to said , his certain attorney, executors, administrators, or assigns. For which payment well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors and administrators jointly and severally, firmly by these presents: sealed with our seals, and dated the in the year of our Lord, The condition of this obligation is such, that And condihath the day of the date hereof, against the estate of the whereas, the above bounden prayed an attachment, at the suit of above named same returnable to the day of ; and hath obtained the to be holden at court of peace in and for the county of day of .) Now, if the said tion. a justice of the.. at the office of the said justice on the recovered and awarded against the said or administrators, in any suit or suits which may be hereafter brought, for wrongfully suing out the said attachment, then the above obligation to be void; otherwise to remain in full force and effect: Provided Not to abate nevertheless, that no attachment shall be abated for want of form, iff for want of the essential matters expressed in the foregoing precedent be set forth in such attachment. form. may issue may be sold. § 7. A writ of attachment may in all cases issue against the pro- Attachment perty of a debtor, legally subject to the process of attachment, although though debt the debt or demand of the plaintiff be not due; which attachment is not due. shall be a lien on the property attached, until such debt or demand becomes due, when judgment shall be rendered and execution issued. But if the property so attached, be clearly of a wasting or perishable Property lianature, then the same shall be sold, giving a credit on the sum until ble to waste, the debt or demand of the plaintiff becomes due, on the purchaser's giving bond with security for the payment of the purchase-money, Purchaser's which bond shall be lodged with the other papers in the cause; and if the money is not paid at the expiration of the time given, the clerk or justice shall issue execution thereon against the principal and se- Execution curity, or either of them; and the money when collected, shall be on the bond, paid into the hands of the clerk or justice, to abide. the final decision of the cause. 20 days. §. 8. When any estate attached shall, on the oath of the plaintiff, Perishable his or her attorney, or agent, or other creditable person, be certified.Property may to any judge or justice of. the peace, to be likely to waste or be de- replevied in stroyed by keeping ; and if the person to whom it belongs, his or her attorney, agent, or factor, shall not within' twenty days after the levy. of the attachment, replevy the same, then such estate shall, by the. order of said judge or justice; be sold at public vendue by such of ficer; he having first advertised such sale at the court-house and two other public places in his county, at least fifteen days previously: 15 days noAnd the officer shall, within five days after such sale, return the order tice of sale. of sale to the court or justice to which the attachment is returnable, to be return with his proceedings thereon, and also at the time of making such, re-ceed pid turn, shall pay over into the hands of the clerk or justice, all money.over within arising from such sale, which money shall be subject to the judgment sale. on the attachment. Any officer failing to return such order of sale as above directed, shall be liable to the like process of either the plaintiff or defendant, as officers are for failing to return writs of venditioni Order of sale ed, and pro 5 days after proceeded not return Officer, how exponas; and any officer, who, after the expiration of the time alagainst for lowed for paying the proceeds of the sale, shall neglect or refuse to the same on the demand of the clerk or justice, shall be subject ing order, or pay paying over to the like proceedings at the instance of the clerk or justice, as officers money. are for failing to pay over money levied upon a fieri facias. Attachments allowed fendant are both non-residents. be given in the state. § 9. When any person being a non-resident of this state, is inWhere plaindebted to any person, also a non-resident, either by judgment, note, or tiff and de- otherwise, and removes his or her property into, or holds property in this state, which would be subject to attachment for the benefit of a resident of this state, the same benefit shall be extended to such nonresident, as is by law secured to persons residing within this state: Security to Provided, That such non-resident shall give good and sufficient security, residing in this state, to be approved by the judge of the county court where the property or effects may be, or any judge or clerk of the circuit court, for the amount and with the like condition as required in other cases; and that in addition to the oath now required Additional by law, such non-resident plaintiff, his agent or attorney, before oboath requir taining any such attachment as is authorized by this act, shall swear ed. that the defendant against whom such attachment is sued out, has not sufficient property within the state of the residence of said defendant, within the knowledge or belief of such non-resident plaintiff, his Restrictions agent or attorney, wherefrom to satisfy such debt or demand: And as to process provided also, That no judicial process shall be issued against the esresidents. tate of any person residing out of this state, by any one, whether a resident or non-resident, unless such process is grounded on an original attachment; or unless the leading process in the suit has been executed on the person of the defendant, when within this state. against non-. Attachments against non § 10. When two or more persons, not residing in this state, are resident part-jointly indebted, either as joint obligors, partners, or otherwise; then ners, joint the writ or writs of attachment may be issued against the separate and obligors, &c. joint estate of such debtors, or any of them, either by their proper names, or by the name and style of the partnership, or by whatever other name or names such joint debtors shall be generally reputed, known, or distinguished within this state, or against the heirs, executors, or administrators of them or any of them; and the lands, tenements, goods, chattels and effects, rights and credits of such debtors or any of them, shall be liable to be seized and taken for the satis faction of any such debt or other demand, and may be sold to satisfy the same. On what, and how levied. .§ 11. Attachments may be levied on the defendant's goods and chattels, and the manner of executing an attachment shall be by the officer's going to the house in which, or to the person in whose possession the defendant's goods or effects are supposed to be, and then and there declaring, in the presence of one or more credible persons of the neighborhood, that he attaches the said goods or other effects; from and after which declaration, the goods, money and effects so attached, shall remain in the custody of the officer levying on the same, unless the defendant, his or her agent or attorney, or some other perGoods may son, replevy the same, by giving bond and security in double the be replevied amount of the plaintiff's demand, conditioned that if the defendant be condemned in the action, he shall return the specific property attached, and in case he fail to do so, the securities will do it for him; or unless claim be made to the property levied on, and bond given to try Right of pro- the right of the same as in other cases, on which the same proceedings may be had as in trials of the right of property taken by virtue of a fieri facias: in which cases the officer shall suffer the property to remain in the possession, and at the risk of the defendant or claim perty may be tried. |