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The Colonial Practice of Saint Vincent (Large Print Edition)
The Colonial Practice of Saint Vincent - Large Print Edition Author:Charles Shephard Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: SECTION ill. On the Proceedings on Attachment. When the plaintiff has issued a summons or a capias, and delivered it to the marshal, or filed a declaration... more » in the secretary's office, he may attach debts due to any defendant, except executors and administrators, in the hands of any debtor, by making an affidavit (a) of the sum due to him before a judge, filing it in the secretary's office, and serving an office copy on the debtor, with a notice signed by counsel, attaching all monies then due, not exceeding the sum sworn to, with interest, and 257. for costs, if the sum be upwards of 100/., or 50/. for 500/., and 100/. for WOOL ; but a plaintiff cannot attach his debt in the hands of more than three debtors, nor for more than double the sum sworn to(i). On the attachment being served, the debtor is bound to retain in his hands the sum attached, until the determination of the action; and if he pay it to the defendant, he becomes individually responsible for the amount. It is likewise a bar to the creditor suing for his (a) V. 2. p. 22. sect. 38. (6) App. No. XI. debt as long as the action is depending (a). It is settled by a subsequent act, that the person obtaining the first final judgment against the defendant, shall have the priority of payment, and not the person serving the first notice of attachment(i), provided such judgment be not obtained under warrant of attorney after attachment served (c). As soon as judgment is obtained, a summons (c?) to the debtor is granted by a judge; which, with a copy of interrogatories(e) touching his debt due to the defendant, and signed by counsel, is served on him four days before his examination before the judge, when his debt is ascertained. In settling which, mutual credit is to be allowed between the debtor and the defendant...« less