Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That hereafter, when any creditor, his agent or attorney shall make oath before any Justice of the Peace in this State, that any person is indebted to such creditor in a sum not exceeding fifty dollars, and such person so absconds or conceals himself, or stands in defiance of a peace officer, authorised to arrest him on civil process, so that such process cannot be served, it shall be lawful for the Justice to grant an attachment against the personal estate of such person, directed to any constable of the county, returnable before himself, within thirty days from the date thereof, Provided, That

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upon issuing any attachment as aforesaid, the Justice shall take from the creditor, his agent or attorney, a bond payable to the defendant with good security, in a penalty of double the amount for which the attachment is prayed to be issued; conditioned, that such creditor will pay the defendant all damages which he may sustain by reason of the wrongful sueing out the attachment.

Sec. 2. The constable to whom any attachment may be delivered, shall without delay execute the same, by levying on the personal property of the defendant, of value sufficient to satisfy the debt, or damages claimed to be due and all costs attending the collection of the same; he shall also read the same to the defendant, if the defendant can be found in the county, and make return thereof stating how he has executed the same.

To prevent errors in issuing attachments, and taking bonds, the attachment and condition of the bond shall be in the following form, viz:

The people of the State of Illinois, to any constable of said county, Greeting, whereas A. B. (or agent or attorney of A. B. as the case may be) hath complained on oath (or affirmation) before C. D. a Justice of the Peace in and for said county, that E. F. is justly indebted to the said A. D. in the amount of dollars, and oath (or affirmation) having been also made the said E. F. so absconds or conceals himself, or stands in defiance of a peace officer, authorised to arrest him or her, with civil process, so that the ordinary process of law cannot be served on him (or her as the case may be) and the said A. B. having given bond and security according to the directions of the act in such cases made and provided; We therefore command you that you attach so much of the personal estate of the said E. F. to be found in your county as shall be of value sufficient to satisfy the said debt and costs, according to the complaint, and such personal estate so attached, in your hands to secure, or so to provide that the same may be liable to further proceedings thereon, according to law, before the undersigned, Justice of the Peace. And in case personal property of value sufficient cannot be found, that you summon all persons whom the plaintiff or his agent shall direct, to appear before said justice, on the day of next, then and there to answer what may be objected against him or them, when and where you shall make known how you have executed this writ; and have you then and there this writ. Given under my hand and seal, the day of 183 .

C. D. Justice of the peace. Seal.

The condition of the above obligation is such that, whereas the above bounden hath on the day of the date hereof, prayed an attachment at the suit of against the personal estate of the above named for the sum of and the same being about to be sued out, returnable on the of before (said Justice.) Now if the said shall prosecute his suit with effect, or in case of failure therein, shall well and truly pay and satisfy the said all such costs in such suit, and such damages as the said may sustain, by reason off wrongfully sueing out the said attachment, then the above obligation to be void, else to remain in full force and virtue.

Witness our hands and seals this of 183 .

Seal.

Seal.

No attachment shall be abated or dismissed for want of form, if the essential matters expressed in the foregoing precedents be substantially set forth; and Justices of the Peace shall allow any amendment to be made, of any affidavit, writ, return or bond which may be necessary to obviate objections to the same; and in cases of appeals to the circuit courts, the courts shall allow amendments as aforesaid.

Sec. 3. Upon the return of any attachment issued by a Justice of the Peace, if it shall appear that the defendant has been personally served with the same; or if such defendant shall appear without such service, the Justice shall proceed to hear and determine the cause, as in cases of proceeding by summons. But if it does not appear that the defendant has been served, and no appearance be entered by the defendant as aforesaid, the Justice shall continue the case ten days, and shall immediately prepare a notice to be posted up at three public places in the neighborhood of the Justice, directed to the defendant, and stating the fact, that an attachment had been issued, and at whose instance, the amount claimed to be due, and the time and place of trial; and also stating, that unless the said defendant shall appear at the time and place fixed for trial, that judgment will be entered by default, and the properly attached, ordered to be sold to satisfy the same; which notice shall be delivered to the Constable, who shall post three copies of the same, at three public places in the neighborhood of the Justice, at least eight days before the day set for trail; and on or before that day he shall return the notice delivered to him by the Justice, with an endorsement thereon, stating the time when and the place where he posted copies, as herein required.

Sec. 4. When notices shall be given of any proceedings by attachment, as required by the third section of this act, the Justice shall, on the day set for trial of the cause, proceed to hear and determine the same, as though process had been personally served upon the defendant; and if judgment be given against the defendant, shall order a sale of the property attached, or so much thereof as will satisfy the judgment, and all costs of suit. But if the Constable shall have failed to post the notices as herein required, the Justice shall again continue the cause, and require notices to be posted as aforesaid previous to any trial of the cause.

Sec. 5. When any Constable shall be unable to find personal property of any defendant, sufficient to satisfy any attachments issued under the provisions of this act, he is hereby required to notify any and all persons within his county, whom the creditor shall designate, as having any property, effects, or choses in action, in his possession or power belonging to the defendant, or who are in any wise indebted to such defendant, to appear before such Justice on the return day of the attachment, then and there to answer upon oath, what amount he or she is indebted to the defendant in the attachment, or what property, effects or choses in action he or she had in his or her possession or power, at the time of serving the attachment. The person or persons so summoned, shall be considered as garnishees, and the Constable shall state in his return, the names of all persons so summoned, and the date of service on each.

Sec. 6. When an attachment shall be returned executed upon any person as garnishee, the justice shall make an entry upon the record of his proceedings in the cause, stating the name of each person summoned, and continue the case as to such garnishee, and shall proceed with the cause as against the defendent in the attachment as though the attachment had been levied on personal property.

Sec. 7. When judgement is entered by a justice of the peace against a defendent in attachment, and any person or persons have been summoned as garnishee in the case, it shall be the duty of the justice to issue a summons against each person so summoned, requiring him or her to appear before the justice at a time and place to be fixed in the summons, not less than five nor more than fifteen days from the date thereof, and show cause, if any he or she has, why a judgement shall not be entered against him or her for the amount of the judgement and costs against the defendant in attachment, which summons shall be served and returned by some constable of the county, and on the

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return day thereof, if any person so summoned shall fail to appear, the justice shall enter judgment against the perso failing to appear, for the amount of the judgment obtained against the defendant in attachment, and execution shall be issued thereon, as in other cases.

Sec. 8. If any garnishee shall appear at the time and place required by the Constable as aforesaid, and shall upon oath deny all indebtedness to the defendant in the attachment, and deny having any property or effects or choses in action in his possession or power belonging to such defendant, the justice shall forthwith discharge him, unless the plaintiff in the attachment shall satisfy the justice by other testimony that the garnishee was indebted to the defendant in the attachment, or had property, effects, or choses in action in his possession or power, at the time he was garnisheed; in which case the justice shall give judgment in the premises according to the right and justice of the cause, and issue execution as in other cases.

Sec. 9. Judgments obtained under the provisions of this act, where the defendant has been personally served with process, or shall have appeared to the action, shall have the same force and effect as judgments obtained upon a summons; but the property attached shall be sold before any execution is issued upon such judgment, and if such property shall not sell for a sum sufficient to pay the judgment and costs, execution may be issued to collect the balance.

Sec. 10. Judgments obtained under the provisions of this act, when the defendant has not been personally served with process, and no appearance being entered, shall only authorize a sale of the property levied upon, and proceedings against the garnishees to collect the amount thereof. Defendants in attachments issued under the provisions of this act, where property may be levied upon, or the person in whose possession the property may be found, may retain possession of such property, upon executing a bond to the plaintiff in the attachment with good security, in a penalty of double the amount claimed by the attachment, conditioned that the property shall be delivered to any Constable of the county whenever demanded, to be sold in satisfaction of any judgment which may be obtained in the attachment suit, or in case the property is not delivered, that the obligors will pay and satisfy the said judgment and costs, and when a bond shall be executed, the Constable shall return the same with the attachment, and upon a breach of any condition thereof, the plaintiff shall have a right to prosecute suit thereon, and to recover the amount due upon his judgment and costs.

Sec. 11. In all cases arising under this act, when two

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or more attachments shall be levied on the same property, or be served upon the same garnishee, and judgment shall be entered on the same day, the proceeds of the property attached on the money obtained from garnishees shall be divided among the several plaintiffs in attachments, according to the amount of their judgments respectively.

Sec. 12. Persons who are summoned as garnishees under the provisions of this act, may avail themselves in their defence of any setts-off or claim against the defendant in attachment, whether the same be due or not, Provided, the same would be allowed, if due, in a suit prosecuted by such defendant.

Sec. 13. Any person claiming the right of any property, levied on by any attachment issued by a Justice of the Peace, may have a trial of the right of property, in the same manner as if such property had been levied on by virtue of an execution, issued by a Justice of the Peace, Provided, always, appeals from the judgment of Justice of the Peace, under the provisions of this act, may be allowed, taken and perfected, as in other cases of appeals from the judgments of Justices of the Peace.2

Sec. 14. Sections five and thirty-one of the act, entitled “An Act concerning attachments, approved 12th February 1833,” are hereby repealed; but all rights acquired, and proceedings commenced, under the provisions of those sections, before this act takes effect, shall be and remain as though this act had not passed. This act shall take effect on the first day of May next.3

Approved 27th February, 1837.