Below is the OCR text representation for this newspapers page.

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 For Fub'ijbing, by Subfcrip.tson , a NEIVS PAPER, I he LOUISVILLE GAZETTE. r. n. i.omsnu.v. ‘ojumitk / U uu neatly printed, on a J.tnyjiz t, (of •tuhich this it u jpuinunj and d; liver id to Sul/ rib n in tenon every Fujday, and to diflant Sulfonicrs hy the mojl fpetdy lohvyoni e. 11. Price to Su'f.rihert three dollars per annum, payable half \carly in advance ill. Advert tj( noils infer ted on rea/onulh tir m\, IP. F.jfayt, Arti< let of Intellig'mty and Communications oj an intctefling native, "Will hi thankjully received , and frliily at untied to. To the PUBLIC. BY the advice of" a number of refp'AaLle pen* 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 LOUISE I LEE (1A Z £7*2 F. fhall ever be open to all parties—influenced hy none. He will tonfl.irtf/y endeavor to prefent hn read 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 pi’p.r, Ani hopes by hit affiJuity andJh id a. • 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.