Chap. 226.—An ACT to amend and re-enact section 1, chapter 185, of
the Code of 1878, in regard to distress warrants.

Approved March 12, 1878.

1. Be it enacted by the general assembly, That section one
of chapter one hundred and eighty-five of the Code of eigh-
teen hundred and seventy-three be amended and re-enacted
so as to read as follows:

§ 1. The sheriff or other officer levying a writ of fieri
facias, or distress warrant, may take from the debtor a bond,
with sufficient surety, payable to the creditor, reciting the
service of such writ or warrant, and the amount due thereon
(including his fee for taking the bond, commissions, and other
lawful charges, if any,) with condition that the property
shall be forthcoming at the day and place of sale; where-
upon such property may be permitted to remain in the pos-
session and at the risk of the debtor: provided, however,
if any person whose goods or chattels have been levied upon
under any distress warrant shall make affidavit in writing
that he is unable to give the bond, with surety required by
this section, and that he has a legal defence, which he could
otherwise assert under the fourth section of chapter one
hundred and eighty-five, upon a motion on such bond, then
the officer levying said warrant shall make true return
thereof to the first day of the next term of bis county or
corporation court, to be proceeded upon as if the property
had been attached under chapter one bundred and forty-
eight of Code of cighteen hundred and seventy-three, and
with such warrant shall be returned the said affidavit: pro-
vided, however, that after said affidavit shall have been made
by the tenant, the officer levying said warrant of distress
shall, if bond is given by the landlord, or some one for him,
with good and sufficient security, in a penalty double the
value of the property levied on, with condition to pay all
costs and damages which may acerue to any one by reason
of the suing out of said warrant of distress, take possession
of the property levied upon, and hold the same, subject to
the order of court made upon the bearing of the said matter.
2. This act shall be in force from its passage.