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Attachment and Capias_page 63

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Title (1851) Acts Resolutions and Memorials Passed by the First Annual and Special Sessions of the Legislative Assembly of the Territory of Utah, 1851
Subject Law; Legislation--Utah
Description (1851) Session law from the first legislature of the Utah territory. Organizes government, reenacts laws of Deseret
Publisher By authority of the Legislative Assembly, Great Salt Lake City
Date 1852
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi.
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved.
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT 84112-0730.
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor; Jan Robertson
Scanning Technician Amanda Wilson
ARK ark:/87278/s60v8dhv
Setname uu_law_uschs
Date Created 2005-11-08
Date Modified 2012-06-05
ID 716954
Reference URL https://collections.lib.utah.edu/ark:/87278/s60v8dhv

Page Metadata

Title Attachment and Capias_page 63
Description 63 about to leave without paying the same, the court shall issue a writ of Attachment upon the goods, chattels, and ef-writ of attach fects. of such person or persons, and such goods chattelsment-and effects shall be held to pay the debt and cost; if, upon a trial, judgment shall be rendered against the defendant. The writ of Attachment may be directed to any and all persons that shall be owing the said defendant when there is not sufficient property found to satisfy the debt and cost; and any such person so notified or served with an Attachment shall be considered garnisheed, and said indebtedness shall be held liable for the debt of the defendant until the same shall be satisfied. s Sec, 2. In all cases of Attachment, bail may be takenBaiK to the satisfaction of the court for debt and cost; and in case bail is given, the property shall be free from she Attachment. The court, on issuing an Attachment, shall notify the person whose goods are attached, of a set time and place for trial. ' Sec. 3. In case an Attachment shall be obtained fromDamage may any court, and upon trial, no judgment shall, be-found forbe recoveredi the plaintiff, the defendant whose goods have been attached, may recover by law all the damage, he may have sustained by such Attachment. ^ Sec. 4. Capias may be served on any person not a householder: Provided, That any person shall not be held with Capias, more than fortyeight hours without trial. Capias may also be served on any person while in the act of leaving the county or Territory. Sec. 5. When any person or persons shall have left Attachments the Territory, or shall not be a resident of the Territory,™\^£ hf leaving behind him debts unpaid^ if such person or per-Sti* of f sons have property within the Territory, it may be lawfulsldents* for such creditors to sue out a writ oi* Attachment against such absent debtor, his goods, chattels, and effects, dues / and demands. And all such property, dues, and demands, , shall be held to pay all the debts such debtor shall have left unpaid, if upon a trial a judgment shall be had against the defendant. Approved, March 3d,
Format image/jpeg
Identifier 081_Attachment and Capias_page 63.jpg
Source Original Book: Laws and Ordinances of the State of Deseret (Utah) Compilation 1851
Setname uu_law_uschs
Date Created 2005-11-08
Date Modified 2005-11-08
ID 716757
Reference URL https://collections.lib.utah.edu/ark:/87278/s60v8dhv/716757