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THE LOUISVILLE GAZETTE.
VoL. I.] T U E S D A April 2, 1799. [No. is.
- — "~ " REASON AND ‘TRU'Th IMPARTIAL GUIDE 'THE JVAV. - ~
_ —— : —— : .
LOUISVILLL: —Publi (iied every luelday, by AMBROSE} DAV, at three dollars per arm. payable halt' yearly in advance.
L A W S OP THE
SX \TE or G L OR G 1 A.
j , to regulate attachments
in this (laic.
Whereas it is juft and
proper that provifion
|h o u 1 d be made for the recovery
of debts, where the fame cannot
b l dene by the ordinary procefs
of law; therefore
Be it entitled by the Senate end .
Jlou/e of Reprefentatives of the
State of Georgia, in General Af-
Jcmhly met, end it is hereby enabled .
ty the authority of the fame, T hat j
in c ife of non-iefidents or where
both debtor and creditor ftia 11 j
yefide without the limits of this j
Hate, it (hall and may be lawful j
for fuch creditor by himfelf, his j
?srent or attorney, to attach the j
property both real or perfonal,
which may be found in the (late,
of fuch debtor, in the fame man
ner and under the like reduc
tions as are or dial! bc ufual in j
cafe of abfeonding debtors, or j
wheie the debtor alone rcfides
out of the date.
And he it further enaHcd , That
it (halland maybe lawful for the
judges of the fuperior or judices
uf die inferior court, or any one
of them, and alfo for any jub
ilee of the peace, upon com
plaint nude on oath, that his
debtor refides out of this date,
or is aftually removing without
the limits of this date, or any
county, or ahfeonds or conceals
himfelf, or dands defrance of a
peace officer, lo that the ordi
nary procels of law cannot be
Served on him, to grant an at
tachment againft; the edate of
Inch debtor, or fo much thereof
as fhall be of (ufficient value to
fatisfy the plaintiff’s demand and
coils; which attachment fhall be
direfted to, and ferved by the
flic;id of the county wheie the
ptoperty may be found, or his
deputy or any condable; and it
ftdl be the duty of fuch fheriff,
m deputy or any condable, to
fctve and levy the fame upon
irtecftale, both teal and perfonal
( {luch debtor wherever the fame
3, ni\ be found, either in the
h cods of any perfon indebted to
cr having effects of Inch debtor,
anu Summon fuch perfon or per
f°ng to at the next court,
. » *- # *
he held fof the laid county,
i,; rJ to which the /aid attachment
Ina V returnable. there to an-
Uer cn oath what he is indebted
f > or what effeffs of fuch party
il . c io hand, or had at the
ftru of levying luch attachment,
| aich being returned executed,
court may by order compel
a ptrlon to appear and an
as : and where any
* i" whole hands any debt
n 1,1,1 1
or effeft may be attached, flidll
deny owing any money to, or :
having in his hands any cficcls|
of luch debtor, it fhall be law-!
ful for the plaintiff to traviffe
(uch denial, and thereupon an
illue (hall be made up, and the
fame be tried by a jury, and if
found againft luch garmfhee, he,
(he or *hey fhall be fubjedt to
pay the plaintiffs fuch Turn as
fhall be fo found, and the court
(hall Order judgment to be cm
tered there a gain ft fuch garni (hoe
. as in other cafes: Provided, that
i the faid judge, orjufticeof th,e
'inferior court or ju(tire of the
| peace, before granting fuch aj
! tachment, (hall take bond and
j lecurity of the party for whom
the fame may be granted, in
| double the (urn to be attached,
payable to the defendant, far
latisfying and paying all cofts,
which may be incurred by the
defendant, in cafe the plaintiff
| luing out fuch attachment fhall
| difeontinue or be cafi in his luit,
alio all damages which may be
recovered againft the laid plain
ti ff for fumg out the fame ; which
bond fhall be returned to thfc
court to which fuch attachment
may be made returnable, on ot
before the laft day of the term J
and the party entitled to fuch
ccft and damages may bting fuit
o J t)
and recover thereon ; and every
attachment iffued without fticli
bond taken, or where no bond
fhall be returned as aforefaid, is
hereby declared to be illegal, and
(hall be difmiffed with cofts:
Provided always that every a*-
tachment which may be iffued as
aforelaid, fhall be atteflcd by the
judge of the fuperior, or juftice
of the inferior court, or juflice
of the peace iffuing the fame,
and be by the fheriff or perfon
authorifed to fet ve the fame pub-!
lic'y advertifedat the couit houfe
of the faid county, at Jeafl thirty
days before the fitting of the
court; and if any attachment
fhall be iffued within thirty dav 5
of the next court, luch attach
ment fhall be made returnable
to the court next after the expi
ration of the ft id thirty days and
not otherwife ; and all attach
ments iflued and returned in
any other manner than is herein
before dire&ed, (hall be and the
lame are declared to be null and
void; and all goods, chattels,!
lands and tenements fubjcfl to
fuch attachments, (hall be reple
viable by appearance and put
ting in foecial bail, or by the
defendants giving bond with j
good and f ufficient fecurity to
the fheriff or other officer Icrving
the lame, which bond he is
hereby empowered to take, com
pelling ths defendants to appear
at the court to which fttch at
tachments fhall be returnable,
j and to abide by and perlorm the
j order and judgment of fuch
court i Provided alxveis, that all
goods and eftefts attached and
not replevied as aforelaid, where
the fame fhall appear to beef a
perifhab'c nature, on motion cf
the plaintiff or his attorney, the
court or i( not in term time the
judge of the fuperior, or any
two or more of the ju Rices of
the inferior court, may and arc
hereby authorifed and required
to order a tale of fuch peulhable
property, and the monies aiding
(rofri fuch la'es fhall be depofited
in the clerk’s office by the fheriff
or other officer felling the fame,
to anfwer the demands of the
plaintiff (if eftablifhed) and the
bala ncc if any, after Satisfying I
fuch demands and cofts, fhall
by order of the (aid court be re
turned to the defendant or his
attorney.
Be it further enacted, That if
any attachment fhall be returned I
executed, and the property at- ■
taciied fhall not be replevied as
aforefaid, the lubfcquent pro
ceedings thereon* fhall be the
fame as on original procefs
againft the body of the defend-1
ant, where there is a default of |
appearance ; and all luch goods l
and chattels, lands and tene
ments, not replevied (hall after
the plaintiff has cffablilhed his
demand, be by o;der of the
court fold and difpofed of for
and towards the fainfaflion of
the plaintiff's judgment in like
manner, as if the lame had been
taken under execution ; and
where any attachment fhall be
returned, ferved in the hands of
a third perfon, it fhall be lawful
upon his appearance and exa
jmination in the manner here
before dire&ed, to enter up
judgment as againft. the original
debtor, and award execution
againft luch third perfon for the
monies due by him lo the abfent
debtor, and againft; luch pro*
| perty or effc6h as may be in his
hands, or keeping bedonging to
iuch debtor* or lo much thereof
; as will be of value (ufficient to
fatisfy the judgment and cofts
thereon.
And he it further enatied, That
Where an abfent debtor hath pio
perty lying in different counties,
the lame fhall be liable to attach
ment and an original* and copies
fhall iffue for each county where
the property may be found, the
who'e to be returnable to the
couit from whence the original
iffued.
And he it father enafted, That
when third perlons asgarnifhees
return debts due lo the abfent
debtor, the court Hull order the
lame iued for, and when reco
vered paid into the clerk's office
lub;c6l to the older of the court.
David Meriwether, Sfraker
of the Honfe of R'pre/entalives.
f Ros eRtW a l to n, Prrfiient
of the Senate.
Aflcnted to, Feb. iB, 1799.
James Jackson, Governor .
Executive Department,
louijville , Ftb. 20, 1709.
ORDER fr D, That a concur
red Rejolution of the \6ifi
oj February injlant % by the General
Affembly , in ike words following,
to wit:
“ Refolved, hy the Senate and
Ifoufe of Reprefentalives of the.
State of Georgia, that the f u/lices
of the Infen r Courts of the jcve
ral Counties, /hall on the firjl Mon
day in April next , meet at the Court
Hovfe % in their re/peftive Counties ,
and nominate two Juflices of the
Peace , in each Cap'ains Dijbicl %
agreeably to the fifth /rMion of the
I third article oj the Lonfli lulion. and
I certify and tranfmit the fame to hn
Excellency the Governor
Be pubhjhed in Ike Louifville t
Savannah and Avgujta Gazette 5,
1 for the information of the ''juflices
\of th( hit trior Courts for the j'eve
; ral Counties , and cf all otherperfons
concerned .
Taken from the Minutes ,
Tcfl t Thomas Johnson,
Secretary %
PROPOSALS
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LOUISVILLE GAZETTE.
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tiemen of this to wn, .ihe Editor fubmits the above
to ihe public eye . Pledget hlmfelf to adopt a line
of conduEl, which, be thinks cannot ja.l to fecure
him the approbation of all—-that he is determined
to adhere to the drifted impartiality. The
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to all parties—influenced hy none.
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er.< with the latefi and mofl authenticated Foreign
and Domefhc Intel igen e. It will be hi > purli
eu ar fudy to tender it a ufe'tsl and entert -imm
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tention to huftnej: , to meet north the patronage if
a gemrous public. Ihe util'ty of a paper, on the
plan propefed, rnufl appear olrvious to every one.
With thefe p'oj-ffi ns, and a reliance on the
inhabitants of Louijo ille, and the public in gene
ra 1 , be remains with due refpefl, th ir be,/lent
servant. AMBROSE DAT,
Louifville , 'January 22, 1799.
BLANK DEEDS
Of CONVEYANCE ,
For Sale , at the 0/fice of the Zow
ifville Gazette ,
Apiil 2.