Chap. 14.—An ACT amending the 152d chapter of the Code of 1860 so
as to authorize the Officer to require an Indemnifying Bond when re-
quired to Levy an Attachment. an

Passed December 17, 1866.

1. Be-it enacted by the general assembly, That the fourth,
fifth and eighth sections of chapter one hundred and fifty-two
of the Code of eighteen hundred. and sixty be amended and
re-enacted so as to read as follows:

Ҥ4, If any officer levies or is required to levy an execu-
tion or a warrant of distress on property, or to attach money
or property under an attachment, issued either by a justice
of the peace or by the clerk of any court, and a doubt'shall
arise whether the said money or property is liable to such
levy or attachment, he may give the plaintiff, his agent or
attorney at law, notice that an indemnifying bond is required
in the case; bond may thereupon be given by any person,
with good security, payable to the officer, in a penalty equal
to double the value of the property, conditioned te indem-
nify him against all damages which he may.sustain in conse-
quence of such seizure or sale; and also to warrant and de-
fend, to any purchaser of the property, such estate or inte-
rest therein as is sold.

Ҥ5, If such bond be not given within a reasonable time
after such notice, the officer may refuse to levy on or to attach
such property, or may restore it to the person from whose
possession it was taken, as the case may be. If it be given,
where there has been no levy, within a reasonable time, or
after a levy or attachment before the property is so restored,
it shall be returned within twenty days, to the clerk’s office
from which the execution or attachment issued; or if the
execution or attachment was not issued by a clerk to the
office of the court to which the attachment is returnable, or
in the event it be an execution to the office of the court, by
which such officer was appointed, or in which he qualified.

Ҥ8. When property, the sale of which is indemnified,
sells for more than enough to satisfy the execution, attach-
ment or distress warrant, under which it is taken, the surplus
shall be paid by the officer into the court to the office whereof
the indemnifying bond is required to be returned, or as such.
court may direct. The said court may take such order for
the deposition thereof, ejther temporarily until the question
as to the title to the property sold %s determined, or abso-
lutely, as in respect to the rights of those interested may
seem to it proper.” ]

2. This act shall be in force from its passage.