Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 11.
(No Report.)
December 22, 1847.
Read a first and second time, and committed to the Committee of the
Whole House to-morrow.
Mr. A. Sims, from the Committee for the District of Columbia,
reported the following bill.
A BILL
To authorize attachments on the mesne process in the county of
Washington, in the District of Columbia, and to provide
more speedy and effectual remedies in the said District,
and for other purposes.

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13 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That in all actions of debt, covenant, or
assumpsit, and in all special actions on the case wherein
any damages are claimed for the alleged violation of any
contract which shall hereafter be commenced in the circuit
court of the District of Columbia, for the county of
Washington, it shall and may be lawful for the plaintiff or
plaintiffs, at his or their option, to sue out together with
a summons for the defendant or defendants to answer unto
such plea, an attachment of all and singular the lands and
tenements, goods and chattels, effects, choses in action,
rights and credits, of such defendant or defendants, or his,

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38 her, or their interest, right, claim, or demand, of what
name or nature soever, at law or in equity, therein or
thereto, within the said county: Provided, That no such
attachment shall issue except upon an affidavit by the
plaintiff, or one of the plaintiffs, or his, her, or their bailiff,
agent, or attorney, or, if the plaintiff be a corporate body
by the president, secretary, clerk, register, cashier, trustee,
or other officer or agent thereof, duly sworn of affirmed
before a justice of the peace, notary public, or other
officer duly authorized to administer oaths, which authority,
except in cases of oaths or affirmations made within the
District of Columbia, shall be duly certified under the
proper official seal; which affidavit shall be filed in the
clerk’s office of the said court, stating the amount which
the plaintiff or plaintiffs claims or claim in such action,
and that such affiant verily believes the same to be justly
and bona fide due from the said defendant or defendants to
the said plaintiff or plaintiffs, in his, her, or their own
right, or in autre droit, over and above all discounts; and
at the same time annexing to such affidavit, and verifying
thereby, a copy of the writing obligatory, covenant, bill of
exchange, note, contract, account, or other case of action,
upon which such claim is made, or a special statement of
such contract, if the same be not in writing; or, in case
such action of debt be upon a judgment, filing with such

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63 affidavit, as an exhibit therewith, a transcript or a short
copy, duly certified, of such judgment. Which said sum-
mons shall be sufficiently served, as to every such
defendant, by personally delivering a copy thereof to him
or her, or by leaving such copy at his or her last and usual
lodging or place of abode; or if such defendant or defend-
ants be not found, or have not such lodging or place of
abode as aforesaid within the said county, then such sum-
mons being to the effect duly returned, the like proceedings
shall be had thereon as if the same had been duly served
as aforesaid: Provided, also, That before any such
attachment shall issue, the plaintiff or plaintiffs shall file
with the clerk his, her, or their bond, with one or more
sufficient sureties, being residents in the District of Colum-
bia, to the defendant, in double the amount of the claim so
made by him, conditioned to answer all such costs and
damages as the defendant may sustain by reason of such
attachment, if the same should be dissolved by order of
the said court; and which said attachment shall be served
in like manner as attachments on mesne process have
heretofore been served in the said county in cases hereto-
fore provided for, and shall be returned, together with such
summons, to the said court at the next succeeding return
day thereof, with an endorsement thereon stating what
lands or tenements, goods or chattels, rights or credits, or

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21 what interests, claims, or demands therein or thereto, have
been attached upon such writ, and the name or names of
the garnishee or garnishees, if any such shall have been
summoned.
Sec. 2. And be it further enacted, That in all cases
where such attachment shall be laid upon any lands or
tenements, or any right, interest, or estate therein, or upon
any goods or chattels, rights or credits, or any right,
interest, or estate therein, it shall be the duty of the mar-
shal to return to, and file in the said clerk’s office, within
three days after such attachment made, a memorandum in
writing, signed by the said marshal or his deputy, in which
shall appear the titling of the cause, and that such attach-
ment has been levied, and upon what the same has been
levied: Provided, nevertheless, That the failure of the
marshal to comply with this direction shall not be available
to defeat the rights of the plaintiff in such action, except
in favor of subsequent purchasers, bona fide, and without
notice; and for every such service of summons, the mar-
shal shall receive the like fees as are now received by him
for service of a capias ad respondendum; and for every
return thereof, the like fees as for a return of such capias;
and for every attachment levied, fifty cents; and for every
such memorandum filed in the clerk’s office, the like fee as
for the return of such summons; and for every such

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3 return of attachment the like fee; to be taxed as other
costs.
Sec. 3. And be it further enacted, That the said clerk
shall keep a special index of all such attachments, in
which the names of plaintiffs and defendants shall be
respectively set down alphabetically, and which shall refer
by numbers or otherwise to such files of marshal’s memo-
randa of attachments to him returned as aforesaid, and
which he shall keep and file for the protection and infor-
mation of whom it may concern; and for every such entry
in such index and return filed as aforesaid, he shall receive
from the plaintiff the like fees as are no receivable by
him for filing any paper in a cause and entering the same
on the docket, to be taxed as other costs. And all such
attachments as aforesaid shall be issued in the order in
which the same shall be directed to issue, and the hour of
such direction shall be noted by the clerk on the back of
the writ. And for every such attachment issued as afore-
said the clerk shall receive from the plaintiff the like fees
as for issuing attachments under existing laws, to be taxed
as other costs.
Sec. 4. And be it further enacted, That every such
attachment issued and laid as aforesaid shall operate a
specific lien upon the lands, tenements, goods, chattels,

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28 rights, credits, demands, interest, and estates attached, and
shall stand as security for the claim of the plaintiff or plain-
tiffs in such action until final judgment therein, and until thirty
days thereafter, in case such judgment be for the plaintiff;
and in case the same be for the defendant, such attach-
ment shall be ipso facto dissolved: Provided, That in all
cases of appeals or writs of error to the Supreme Court,
such attachment shall stand as security for the judgment
which may be rendered on or after such appeal or writ of
error, and thirty days thereafter, if such judgment be for
the plaintiff in the attachment; and if such judgment be
for the defendant in the attachment, such attachment shall
be ipso facto dissolved: And provided, also, That such
attachment, if laid upon lands, tenements, rights, or credits
or demands, estates, or interests therein or thereto. as
aforesaid, may be sooner dissolved by order of the said
court, or a judge thereof in vacation, upon the defendant’s
filing his or her bond, approved by the said court, or one
of its judges, with two sufficient sureties, being residents
in the District of Columbia, who shall justify on oath, if
required, in the penalty of such sum as shall be equal to
the full value of the lands, tenements, rights, or credits
attached, or to double the amount of the plaintiff’s claim
made as aforesaid, conditioned for the payment of the debt
or damages, interest, and costs, which may be adjudged to

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53 such plaintiff or plaintiffs; which said bond shall not be
approved or filed, except upon reasonable notice to the
plaintiff or his attorney of the offering thereof, to be
certified to the court, or the judge thereof, to whom such
application is made, and which court or judge, as the case
may be, shall cause to be summoned, and shall examine,
on oath, any witness who may required by the partied,
respectively, to ascertain the amount in which such bond
ought to be given, and the sufficiency of the sureties, and
shall make the proper order upon such application. And
if such attachment shall have been laid upon goods and
chattels, or any right or interest therein, it shall and may
be lawful for the defendant or defendants to require the
marshal, upon service thereof, to have the same appraised;
and thereupon the said marshal shall summon and swear
three appraisers, in like manner as heretofore in cases of
replevin, for summoning and swearing who he shall
receive twenty-five cents for each, and who shall appraise
the goods and chattels so attached; and thereupon, if the
defendant or defendants shall tender to the marshal a
sufficient forthcoming bond to the plaintiff or plaintiffs,
with two sufficient sureties, who shall be residents and
freeholders in the said county, and to whom the said mar-
shal or his deputy may administer an oath, and then
examine them touching their residence and sufficiency, in

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3 double the value of such goods and chattels, conditioned
for the forthcoming thereof, or of such appraised value
thereof, to answer to the judgment finally to be rendered
in such cause, it shall be the duty of the marshal to accept
such bond, and to release such goods and chattels, and to
return the fact of such release, together with the bond,
with his writ, to the said court: Provided, also, That
upon such return it shall be lawful for the plaintiff, if he
object to the sufficiency of such bond, to move for a rule
on the defendant to give further security; which rule
being granted, and not duly gratified by the filing of new
security, if the same shall have been ordered, a new attach-
ment may issue by order of the court, to be laid upon the
same or other goods and chattels, or upon any lands, tene-
ments, rights, credits, interests, claims, estates, or demands,
as aforesaid, of such defendant, in said county. And upon
forfeiture of the condition of any such bond, the said
court, upon motion and after ten days’ notice to the obli-
gors, respectively, be service of a rule or otherwise, may
order judgments to be docketed and entered up against
such obligors, without further delay: Provided, That such
judgments may be superseded as in other cases.
Sec. 5. And be it further enacted, That where any
defendant shall have pledged or pawned, or made a deed
of trust, mortgage, or bill of sale, by way of mortgage, of

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27 any goods or chattels upon which such plaintiff may
desire to levy his attachment, it shall the duty of the mar-
shal to levy such attachment upon such goods and chattels,
and to specify the same by a plain and sufficient descrip-
tion thereof, by reference to such deed or otherwise, in his
memorandum to the clerk of the said court, and also upon
the writ at the return thereof, and to summon the trustee
or trustees, mortgagee or mortgagees, and cestui que
trusts or garnishees; and such attachment shall stand as
security for the judgment as aforesaid; and such trustee,
mortgagee, or other party having power to sell, being so
summoned, shall make no sale under such conveyance, or
pledge, or pawn, except upon ten days’ previous notice to
such plaintiff or his attorney, warning him of the true
amount for which such goods and chattels are to be sold;
and if such plaintiff shall, within ten days, elect to
redeem the same, and shall pay or tender such amount,
together with such expenses as may been incurred
with a view to such sale, then such goods and chattels
shall stand clear of such lien as security for such judg-
ment, and for the amount which shall have been so paid
as aforesaid. And in all cases such attachment, proceeded
in as aforesaid, shall operate a specific lien upon any sur-
plus which may come into the hands of such trustee, or

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51 party having power to sell, in consequence of such sale,
after paying the expenses thereof, and the amount of the
prior liens; and shall also, from the time of the filing of
such memorandum with the clerk, operate, as to all persons
whatsoever, a specific lien upon such goods and chattels,
after the valid prior liens existing at the time of issuing
the same, to answer such judgment as aforesaid. And it
shall and may be lawful for such plaintiff, upon the return
of such writ, to exhibit interrogatories, to be answered,
upon oath, by such pawnee, pledgee, mortgagees, trustees,
or cestui que trusts, as aforesaid, summoned as garnishees,
touching the real debt and demand bona fide chargeable
upon such goods and chattels by reason of such deed,
conveyance, pawn, or pledge, as aforesaid; and upon pay-
ing or tendering the same, such goods and chattels shall
thenceforth stand clear of such prior lien as security for
such judgment as aforesaid, and for such amount so paid
by such plaintiff. And if any such trustee shall refuse or
neglect to give such notice as aforesaid, he being sum-
moned as aforesaid, and shall make such sale without such
notice, then, and in that case, judgment shall be entered
against him in such attachment, and he shall be, moreover,
answerable to such plaintiff in an action on the case for
such damages not satisfied by such judgment as the plain

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23 tiff shall prove himself to have sustained by reason of
such refusal or neglect in the premises.
Sec. 6. And be it further enacted, That when any
defendant shall have made any deed of trust, mortgage, or
conveyance, by way of mortgage of any lands, tenements,
or hereditaments, or of any estate or interest therein, upon
which such plaintiff may desire to levy his attachment, it
shall be the duty of the marshal to levy such attachment
upon such lands, tenements, or hereditaments, or such
estate or interest therein, and to specify the same by a
plain and sufficient description thereof, by reference to such
deed or conveyance, or otherwise, in his memorandum, to
the clerk of the said court, to be returned to the said clerk
in three days as aforesaid, and also upon the writ at the
return thereof; and such attachment so proceeded in as
aforesaid shall operate a specific lien upon such lands,
tenements, or hereditaments next after such valid liens as
may exist at the time of issuing such attachment, and
shall stand as security for such judgment as aforesaid,
unless dissolved as hereinbefore provided. And such
trustee, mortgage, or party having power to sell, or cestui
que trust, or every of them, may be summoned as garni-
shee or garnishees upon such attachment, and shall answer
upon oath such interrogatories touching the true amount
so charged upon such attached premises as may be

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48 exhibited by the plaintiff; and if the plaintiff thereupon,
or at any time before such sale, pay or tender to the party
in interest, or to his trustee or agent in the premises, the
true amount so charged, together with all expenses that
may have been incurred with a view to such sale, then
such attached premises shall stand clear of such incumb-
rance, as security for such judgment and payment as
aforesaid. And in all cases in which such attachment
shall be so proceeded in as aforesaid, the same shall bind
the surplus in the hands of the trustee, mortgagee, or party
having power to sell, after satisfying such deed of trust or
mortgagee; and in all cases of such sales as aforesaid, the
purchaser shall be bound to see to the application of the
purchase money which may be applicable to satisfy any
such attachment, notice whereof shall have been duly filed
as hereinbefore provided; in default of which application,
the amount which shall have been so applicable shall be
and remain a specific charge and lien upon such lands,
tenements, and hereditaments; and such plaintiff, after
having obtained judgment on his attachment, may at any
time, the said court being in session, on motion supported
by sufficient affidavit, have a rule upon such purchaser,
returnable in ten days, to show cause why execution shall
not be awarded upon such attachment, to be levied upon
such lands, tenements, or heriditaments, for such amount

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4 and costs; and no such cause being shown such execution
shall be awarded and levied accordingly. And no trustee,
mortgagee, or other party having power to sell as afore-
said, and having been summoned as garnishee as aforesaid,
shall proceed to make such sale without having first given
at least ten days’ notice to the plaintiff or plaintiffs in such
attachments, of the true amount for which such attached
premises are to be sold; and if the plaintiff or plaintiffs
pay or duly tender the same, with costs, prior to such sale,
such attached premises shall stand clear of such prior in-
cumbrances as security for such judgment as aforesaid,
and for such amount as shall have been paid as aforesaid.
And if any trustee so summoned as garnishee shall refuse
or neglect to give such notice as aforesaid, and shall make
such sale without such notice, then, and in that case,
judgment shall be rendered against him in such attach-
ment, and he shall be answerable to the plaintiff in an
action on the case for such damages, not satisfied by such
judgment, as the plaintiff shall prove himself to have sus-
tained by reason of such refusal or neglect in the premises.
Sec. 7. And be it further enacted, That any share
or interest in any bank stock, insurance company, or other
corporation or stock company, may in like manner be
attached, by leaving a copy of the writ of attachment with

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1 the clerk, register, treasurer, cashier, or other proper officer
of such bank, company, or corporation; and any share,
shares, or interests, legal or equitable, with all dividends
accrued or which shall accrue thereon, shall in like man-
ner be held as security to satisfy the final judgment, in
like manner as other personal estate. And if the marshal,
or his deputy, upon exhibiting such writ to such officer,
shall request a certificate of the number of shares or
amount of interest held by such defendant, such officer
shall give such certificate; and if he shall unreasonably
refuse to do so, or if he shall wilfully give a false certificate
thereof, he shall be liable for double the amount of all
damages occasioned by such refusal or false certificate, to
be recovered in an action on the case against him. And
upon final judgment for the plaintiff upon such attach-
ment, such share or shares, or interests, legal or equitable,
therein, may be sold by the marshal upon fieri facias as
other personal property; and upon an assignment from
the marshal to the purchaser, the proper officer or officers
of such bank, company, or corporation shall transfer such
share or shares, or interest, to such purchaser, and, failing
or refusing to do so, shall be liable to attachment for con-
tempt, to be ordered by the said court upon motion of the
party interested, supported by affidavit of the facts.
Sec. 8. And be it further enacted, That whatsoever

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9 lands, tenements, goods, chattels, effects, choses in action,
rights, credits, interests, claims, demands at law or in
equity, shall have been attached as hereinbefore provided,
shall be liable, upon final judgment, to be sold under fieri
facias in like manner as other property is now liable to be
sold under such writ in said county; which writs of fieri
facias, when issued in cases of attachment, shall respec-
tively relate back to, and continue the lien which shall
have been created by such attachment; and that the said
court shall have power to award all other the necessary
process not hereinbefore specifically referred to, in order to
give effect to the provisions of the act; and, in all cases
where such relief may be necessary as ancillary to such
proceeding by attachment, shall grant on the equity side
of the said court such other and further relief as may be
consistent with the principles of equity.
in which goods or chattels personal shall have been
attached as aforesaid, the marshal shall not take possession
of or remove the same unless such writ be a special attach-
ment, which shall issue upon allocatur by one of the
judges of the said court, endorsed on the writ, when the
affidavit filed shall contain, in addition to the requisites
hereinbefore mentioned, an averment that the defendant is
not a citizen of the District of Columbia, and doth not

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33 reside therein; or that, being such citizen, the affiant is
informed, and verily believes, that such defendant has
absconded fraudulently, or is about to abscond fraudulently
therefrom, or to remove his or her effect beyond the
jurisdiction of the said court, so as to defraud and defeat
his creditors, specially stating the facts upon which such
averment is made. And in all such cases of special
attachment the marshal shall attach, take, remove, and
safely keep such goods and chattels, to answer to the
judgement as aforesaid, and shall only release the same
upon such appraisement and forthcoming bond, to be taken
as hereinbefore provided in cases of common attachment;
upon which bonds the like proceedings shall be had as
hereinbefore provided to be had upon such common attach-
ment: Provided, That where any common attachment
shall have been levied as aforesaid, it shall and may be
lawful for any judge of the said court, on application by
the plaintiff, supported by affidavit that the plaintiff, or his
agent or attorney, hath reason to apprehend, and doth
verily apprehend, that the goods and chattels so attached
will be removed beyond the jurisdiction of the court, or
wasted or disposed of, there being no sufficient forthcoming
bond to direct the marshal, by a summary order endorsed
on the original attachment, to take the goods and chattels

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10 so attached into his charge and custody; and thereupon
they shall be held as in cases of special attachment.
Sec. 10. And be it further enacted, That hereafter
there shall not be allowed a term for imparlance in any
suits pending, or to be pending, in the said court; but the
issues shall be made up at rule days, or otherwise, as shall
be provided by rules to be made and published by the said
court, so that every cause shall be for trial at the term to
which the writ shall have been returned, if a rule day
shall have intervened since the issue of the writ; other-
wise, at the next succeeding term, unless, in either case,
the same be continued by consent of parties, or by order
of court upon an affidavit of merits, and of sufficient legal
cause for continuance.
in which judgment may be rendered by the said court
against any defendant or defendants, it shall and may be
lawful for such defendant or defendants to supersede the
same in the manner directed by existing laws: Provided,
That no supersedeas in any case whatsoever in the said
court shall hereafter be allowed, unless the same be made
within twenty days after the rendition of such judgment.
And in all cases of attachment existing at the time of
such judgment, as security therefor as aforesaid, and in

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5 all cases of bonds filed, as hereinbefore provided, to dis-
solve such attachment, such supersedeas shall no affect
the rights of the parties upon such attachment or such
bonds, but the security thereof shall stand and be con-
tinued, notwithstanding such supersedeas; nor shall any
appeal or write of error to the Supreme Court affect such
rights, but such attachment or bonds, as the case may be,
shall continue in force as security for the final judgment,
which may be rendered on or after such appeal or writ
of error.
now pending in the said court, such as are specified and
described in the first section of this act, it shall and may
be lawful for the plaintiffs, upon filing such affidavits as
are hereinbefore directed, to have attachment, common or
special, according to the terms of such affidavits, issued,
levied, and returned in such causes; and such attachments
shall stand as security for the final judgments in such
causes, being proceeded in as hereinbefore provided, un-
less sooner dissolved as hereinbefore provided.
Sec. 13. And be it further enacted, That hereinafter
the clerk of the said court shall keep an index of all judg-
ments which may be superseded, in which shall appear,
alphabetically arranged, the names of the superseders;
and a like index of all claims filed under the mechanics’

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2 lien law, which shall likewise be entered in the index of
the land records: for which entries the said clerk shall
receive the like fees as are now allowed by law for similar
docket entries.
Sec. 14. And be it further enacted, That no juror
shall be obliged to serve on the petit jury in the said court
more than two weeks at any one term, unless he shall,
before the expiration of his two weeks, be empannelled
and sworn in a cause the trial of which shall extend be-
yond the end of such two weeks.
Sec. 15. And be it further enacted, That the marshal,
upon the order of the court, shall from time to time sum-
mon other jurors in the place of such as may be excused
or discharged by the court, or whose time of service shall
have expired.
Sec. 16. And be it further enacted, That all sales
upon fieri facias hereafter made in the said county, if of
lands or any interest therein, shall be upon thirty days’
notice by the marshal; and if of any other property what-
ever, upon ten days’ notice; and that no lands or any in-
terest therein shall be liable to be sold on any judgment
rendered or to be hereafter rendered by any justice of the
peace in and for said county.
of sales of choses in action by fieri facias the marshal

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13 shall summon and swear three appraisers, who shall ap-
praise such choses in action at their true value; and if
there be no bidder therefore at or above such appraised
value, the marshal shall not make such sale, but shall, if
the plaintiff so elect, transfer the same to the plaintiff at
such appraised value; and shall execute an assignment
thereof to him, which shall absolutely vest the same in
such plaintiff, upon his authorizing such appraised value
to be credited on such execution, or paying to the marshal
the excess of such appraisement over such execution, if
such there be, after satisfying the same.