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erty or its proceeds are by law holden. R. S. 370, § 23; C. S. 472, § 25.

§ 29. Property attached shall be deemed to remain in the custody of the officer, so far as to be liable to attachment in the same manner it would have been if it had remained in his hands specifically, notwithstanding the same may have been sold or restored to the debtor, or taken from the officer by any writ of replevin. R. S. 370, § 24; C. S. 472, § 26.

§ 30. The officer shall make return of his doings upon every writ where property is sold by consent, or upon such certificate as aforesaid, or restored to the debtor; and in those cases the bond taken shall be returned with the writ on which the first attachment is made, and shall be deemed a record of the court to which such writ is returnable. 370, § 25; C. S. 472, § 27.

R. S.

§ 31. Every bond given by the debtor, and every replevin bond in the cases aforesaid, shall be deemed to be given for the benefit of all persons who have attached or may attach the same, to the full value of the property. R. S. 371, § 26; C. S. 472, § 28.

§ 32. In case such bond shall be forfeited, any attaching creditor or his representative may bring a writ of scire facias thereon, within two years after the cause of such action shall accrue, and not afterwards. Two or more creditors may join in such action, and separate executions shall be awarded to cach for the amount due to them respectively. R. S. 371, § 27; C. S. 472, § 29.

§ 33. Any party interested may maintain an action of debt on such bond, in the name of the officer to whom the same is payable, within the period above limited. The name of such party shall be indorsed on the writ; and any other party may cause his name to be so indorsed at any time by leave of the court. R. S. 371, § 28; C. S. 472, § 30.

§ 34. The persons whose names are so indorsed shall be deemed the plaintiffs for every purpose, and execution shall issue in favor of each for the amount due to them respectively, and against them for costs, if judgments should be rendered for the defendants in such action. R. S. 371, § 29; C. S. 473, § 31.

§ 35. When any judgment shall be rendered for the defendant, upon which execution may issue, or when the action shall be compromised or dismissed, the attachment made in such action shall be dissolved thereby. R. S. 371, § 30; C. S. 473, § 32.

§ 36. Attachments shall be dissolved by the death of the defendant, in case his estate shall be decreed to be administered as an insolvent estate; but not otherwise, if the cause of action by law survives. R. S. 371, § 31; C. S. 473, § 33.

§ 37. In case the attachments on any property are dissolved, or if the same has been sold, the money arising from the sale thereof, deducting the charges and expenses of sale, shall be restored to the debtor or his personal representative, upon request; or if the same has been restored to the debtor on his bond, the said bond shall be void. R. S. 371, § 32; C. S. 473, § 34.

§ 38. Property attached shall be holden until the expiration of thirty days from the time of rendering such judgment in the action, in favor of the plaintiff, that execution may issue thereon; and if there are several attachments the property shall be holden to the creditors in the order in which their attachments were made. R. S. 371, § 33; C. S. 473, § 35.

§ 39. The proceeds of property sold on any writ, and the amount secured by bond when property attached is restored to the debtor, shall be holden to pay the executions issuing in the actions in which the attachments were made, in the order in which they were made, if demanded by the officer to whom such execution may be committed, within thirty days after judgment is rendered. R. S. 371, § 34; C. S. 473, § 36.

§ 40. If judgment shall be rendered in vacation by direction of the court as of a previous term, the clerk shall enter of record the day on which the order of court is dated, and all property attached shall be holden until the expiration of thirty days from that date. R. S. 372, § 35; C. S. 473, § 37.

[ $41. To constitute an attachment, it is not necessary that the officer should touch or move the articles; as, if an officer enters a store or house, and declares his intention of attaching all the goods-this is a sufficient attachment of all that are in his power, if he proceeds to take an account of them and secure them without unreasonable delay. 12 Mass. 495, Train v. Wellington; 2 N. H. R. 317, Huntington v. Blaisdell.

42. An attachment is lost, if the officer or receipter permit the property to remain with the debtor, or to return into his possession; but the use, by the debtor or his family, of such articles as will not be injured by the use, will not vacate the attachment, if done by permission of the officer, and while he retains the control of them. 5 N. H. R. 527, Dunklee v. Fales; 14 Mass. 190, Bridge v. Wyman; 12 Mass. 495, as above; 13 Pick. 139, Robinson v. Mansfield.

43. The officer is not bound to deliver the goods to the debtor or his friends upon a receipt; but he will be discharged from liability if he so delivers them to persons then responsible, though they fail afterwards; and he will be responsible

if he so conducts with the property as unnecessarily to enhance the expense. 11 Mass. 247, Phillips v. Bridge; 3 N. H. R. 210, Barrett v. White; 5 N. H. R. 433, Runlett v. Bell ; 9 N. H. R. 133, Howard v. Whittemore.

44. The receipter remains liable upon his receipt, for the amount of the property, if he has not re-delivered it to the debtor, though the action may be at an end, or the attachment is discharged; but if he has re-delivered the property to the debtor, he is not liable beyond the amount of the judgment recovered against the debtor. 2 N. H. R. 142, Bissell v. Huntington ; 7 N. H. R. 596, Webster v. Harper.

45. The receipter is not responsible, if the property is given up by him to any one who has a better title than that acquired by the attachment. 7 N. H. R. 596, Webster v. Harper.]

[§ 45, a. A receiptor can not be permitted to avoid his receipt, by showing that it was given after the service of the writ was completed, and that no property was in fact attached, the officer having made a return that he had attached the property. Webb v. Steele, 13 N. H. R. 230.

No amendment to an action which does not tend to increase the liability of the def. will discharge a receipter from his liability. Smith v. Brown, 14 N. H. R., 67. A demand made upon the receipter, within 30 days after judgment, will fix the the liability of the receipter. Ibid.

The liability of the receipter upon his contract for property attached, is fixed by not delivering the property when it is demanded. A refusal to deliver is not necessary. Scott v. Whittemore, 7 Foster 309.

45, B. If the sheriff to whom a receipt for property is given, assents to the conversion of the same by the receipter to pay the receipter's debts, he thereby waives his claim on the receipt. Stevens v. Eames, 2 Foster 569.

$45, c. An officer is not bound to accept from a receipter a different article from that attached, though it be of the same quality. Scott v. Whittemore, 7 Foster 309. $45, D. An officer, who demands of a receipter the property attached by another officer, is bound to state his right to make such demand. Phelps v. Gilchrist, 8 Foster 266.

§ 1. No female shall be arrested or imprisoned upon any writ in any action founded on contract. R. S. 372, ch. 185, §1; C. S. 476, ch. 197, § 1.

§ 2. No person entitled to vote at any town meeting shall be liable to arrest upon any civil process on the day on which such meeting is held. R. S. 372, § 2; C. S. 476, § 2.

§ 3. No officer or soldier shall be liable to arrest upon any civil process while going to, returning from, or attending any military exercise or parade, or any court martial or court of inquiry which it shall be his duty to attend. R. S. 372, § 3; C. S. 477, § 3.

§ 4. No executor or administrator shall be liable to arrest for any cause of action against any person deceased. R. S. 372, § 4; C. S. 477, § I.

§ 5. No sheriff shall be liable to arrest upon any civil process while he remains in office. R. S. 372, § 5; C. S. 477, § 5. § 6. No person shall be liable to arrest on mesne process in any real action or action of ejectment. R. S. 372, § 6; C. S. 477, § 6.

§ 7. No member of the house of representatives or senate shall be arrested or held to bail on mesne process during his going to, returning from or attending upon the court.

2, § 21; Page 26.

Cons., Pt.

§ 8. Ambassadors, and other foreign ministers and their servants, and members of congress, while attending a session, and while going and returning, are exempt from arrest by the laws of the United States. U. S. Cons., Art. 1, § 6; Laws, 4.

[9. Parties to a suit, witnesses, counsel, jurors and others, who are required to attend, are exempt from arrest while bonâ fide attending any court or arbitration, and while going and returning. The officer in such case is not a trespasser, but the party or his bail will be discharged by the court upon motion, if made at the earliest opportunity; otherwise the objection will be considered waived. 19 Pick. 267, Chaffin v. Jones; 6 Mass. 245, ex parte McNeil ; 2 N. H. R. 468, Hubbard v. Sanborn.]

§ 10. No person shall be arrested or imprisoned on any writ in any action founded on a contract, unless the debt or damage for the recovery of which such action may be brought, exclusive of all the costs, shall exceed the sum of thirteen dollars and thirty-three cents. R. S. 372, § 7; C. S. 477, § 7.

§ 11. No person shall be arrested upon any writ or execution founded on a contract made after the first day of March, one thousand eight hundred and forty-one, unless the plaintiff or some person in his behalf shall make an affidavit before a justice, on the back of such writ, that in his belief the defendant is justly indebted to him in a certain sum exceeding thirteen dollars and thirty-three cents, and that he conceals his property so that no attachment or levy can be made, or that there is good reason to believe he is about to leave the State to avoid the payment of his debts. Stat., 1843, ch. 35; C. S. 477, § 8.

[§ 11, A. Upon every process, whether writ or execution, by which a party is arrested for debt, there must, upon the proper construction of chap. 185, § 8, Revised Statutes, be an affidavit, in order to justify the arrest. Although there may have been an affidavit on the writ, there still must be an affidavit on the execution. Narramore v. Miller, 1 Foster 367, and Janes v. Miller, 1 Foster 371.

11, B. Section 10 (R. S., ch. 185, § 8,) does not apply to the case of a debtor residing in another State, coming into this State and returning or intending to return to his home, but only to a citizen of this State who is intending to remove from this State with the intent to avoid the payment of his debts. Nor does it apply to the case of a citizen of this State, who is leaving or intending to leave the State temporarily. Stevenson v. Smith, 8 Foster 12.]

§ 12. The defendant in such case, when arrested, may require the officer making the arrest to carry him before two