thereto, may have judgment for the return of the property, or the value thereof, if the same has been taken out of his possession, or delivered to the plaintiff.

14 M. 460.

§ 96. (SEC. 89.) Judgment for defendant for return-its effect. If the property has been delivered to the plaintiff, and the action is dismissed before answer, or the defendant in his answer claims a return thereof, the defendant shall have judgment for a return of the property, and damages, if any, for the detention or taking and withholding thereof; but such judgment shall not be a bar to another action for the same property or any part thereof.

TITLE 10.

PROCEEDINGS BY ATTACHMENT.*

§ 97. (SEC. 90.) Attachment allowed, when. Any creditor is entitled to proceed by attachment, in a justice's court, against the property of his debtor, in the cases, upon the conditions, and in the manner provided in this title.

$ 98. (SEC. 91.) Affidavit for attachment-requisites thereof. Before a writ of attachment is issued, the plaintiff, or some person in his behalf, shall make, and file with the justice, an affidavit stating that the defendant is indebted to the plaintiff in a sum exceeding five dollars, and specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs, and that the same is due upon contract, express or implied, or upon judgment or decree of some court, and containing a further statement that the affiant has good reason to believe, either

3 M. 7. (29.)

First. That the defendant is a non-resident corporation; or

Second. That the defendant is not a resident of this state, and has not resided therein three months immediately preceding the time of making such affidavit.

Third. That the defendant has absconded, or is about to abscond, from the state;

Fourth. That the defendant has removed, or is about to remove, any of his property out of this state, with intent to defraud his creditors;

Fifth. That the defendant resides in any other county, and more than one hundred miles from the residence of the justice;

Sixth. That the defendant contracted the debt under fraudulent representations.

Seventh. That the defendant so conceals himself that the summons cannot be served upon him; or

Eighth. That the defendant has fraudulently conveyed or disposed of, or is about fraudulently to convey or dispose of, any of his property or effects, so as to hinder, delay or defraud his creditors.

§ 99. (SEC. 92.) Writ, when returnable. In the first five cases mentioned in the preceding section, the writ of attachment shall be returnable in three days; but in all other cases, it shall be returnable as an ordinary summons.

§ 100. (SEC. 93.) Plaintiff to file bond-condition of bond. Before issuing a writ of attachment, the justice shall require a bond on the part of the plaintiff, with sufficient surety, conditioned that if the plaintiff fails to recover judgment, the plaintiff will pay all costs that may be adjudged against him, and all damages which the defendant may sustain by reason of the attachment, not exceeding the sum of one hundred dollars.

§ 101. (SEC. 94.) Writ, how executed-publication of summons. The writ of attachment Proceedings by garnishment in justices' courts are regulated by c. 66, § 161, et seq., post.

shall be returnable as an ordinary summons, and the officer shall execute the same by summoning the defendant, if to be found within the county, and by attaching the goods and chattels, moneys and credits of the defendant, not exempt by law. In case the defendant cannot be found in the state, he may be summoned by the publication of the summons, as in other cases.

*§ 102. Bervice of summons and publication. Whenever, upon the return of a writ of attachment issued by a justice of the peace, it is made to appear to the satisfaction of the justice, by the return of the officer thereon, or by affidavit, that the defendant therein, or, in case of more than one defendant, either of them, cannot be found in the state, or keeps himself concealed therein to avoid the service of legal process, the justice may make an order that each defendant be served with a summons in the action by the publication thereof, as hereinafter provided, and shall thereupon issue a summons, directed to the defendant, requiring him to appear before the said justice, at a time and place in said summons to be specified, to answer to the plaintiff in a civil action, (naming the said plaintiff,) which summons shall be made returnable not less than six nor more than twenty days after the expiration of the perid of publication. And whenever, upon the return of a writ of attachment, it shall appear by the returns of the officer that he has found and attached property in his county, but that the defendant cannot be found in the county, and it shall be made to appear by affidavit that the defendant resides in another county in the state, then and in that case the action shall be continued for a period not exceeding twenty days, and the summons shall be served upon the defendant in the same manner as a summons is served under like circumstances in the district court. (1871, c. 69, § 1.)

*§ 103. Adjournment pending publication. Upon making such order, the justice shall adjourn the action to the time when said summons is made returnable, during which time his jurisdiction in the action shall continue, for the purpose of the subsequent proceedings therein, and the detention of any property attached by virtue of the writ of attachment, in the custody of the officer to abide the result of the action, or the disposal of any such property in pursuance of section ninety-seven of chapter sixty-five, of the General Statutes. (Id. § 2.)

*8 104. Time for publication-deposit in post-office. The summons shall be published once in each week for three successive weeks in a newspaper published in the county in which the action is pending, if there is one, or, if there is no newspaper published in said county, then in a newspaper published in an adjoining county in this state, or, if there is no newspaper published in either of said counties, then in a newspaper published at the state capital. If such defendant's place of residence is known to the officer or person upon whose return or affidavit the order of publication is made, a copy of the summons and of the complaint in the action shall, within six days after the summons is issued, be deposited in the post-office, addressed to the said defendant at his place of residence, and the postage thereon paid. (Id. § 3.)

§ 105. (SEC. 95.) Forthcoming bond by defendant. When property of the defendant is actually seized on attachment, the defendant, or any other person for him, may obtain possession thereof, by giving a bond with sureties, to the satisfaction of the officer executing the writ, in double the value of the property attached, conditioned that the same shall be forthcoming when and where the justice shall direct, and shall abide the judgment of the justice.

21 M. 434.

§ 106. (SEC. 96.) Same-by third person in possession of property. When the property of the defendant, found in the hands or possession any other person than the defendant, is attached, such person may retain the possession thereof, by giving bond with sureties, to the satisfaction of the officer executing the writ, in double the value of the property attached, conditioned that the same shall be

forthcoming when and where the justice shall direct, and shall abide the judgment of the justice.

§ 107. (SEC. 97.) Sale of perishable property. When property 18 seized on attachment, which is likely to perish or depreciate in value before the probable end of the action, or the keeping of which would be attended with much loss or expense, the justice may order the same to be sold by the officer, in the same manner and on the same notice as goods are required to be sold on an execution; and the proceeds of such sale shall remain in the hands of the officer, subject to be disposed of as the property would have been if seized upon in specie.

$ 108. (SEC. 98.) Officer's compensation. When property is seized on attachment, the justice may allow to the officer having charge thereof such compensation for his trouble and expense in keeping and maintaining the same as is reasonable and just.

$109. (SEC. 99.) Pleadings, etc., in actions commenced by attachment. Like pleadings and proceedings shall be had, as far as practicable, in actions commenced by attachment, and actions founded on contracts and commenced by summons.

§ 110. (SEC. 100.) Dissolution of attachments. Attachments may be dissolved, on motion, at any time before final judgment, if the defendant appears and pleads to the action, and gives bond to the plaintiff, with good and sufficient surety, to be approved by the justice, in double the amount of property, effects and credits attached, conditioned that if judgment is rendered against him, he will pay the amount thereof, with costs and interest thereon.

§ 111. (SEC. 101.) Effect of dissolution of attachment. When any attachment is dissolved, the property and effects attached shall be released, and the action proceed as if it had been commenced by a summons only.

§ 112. (SEC. 102.) Execution-sale of attached property. When judgment is rendered in any attachment case, execution may issue thereon, and the property attached may be sold in the same manner as in other cases, except as otherwise provided in this title.

TITLE 11.

APPEALS.

§ 113. (SEC. 103.) Appeal may be taken, when. Any person aggrieved by any judgment rendered by any justice, when the judgment exceeds fitteen dollars, or, in an action of replevin, when the value of the property as sworn to in the affidavit exceeds fifteen dollars, or when the amount claimed in the complaint exceeds thirty dollars, may appeal, by himself or agent, to the district court of the county where the same was rendered; but this does not apply to an action of forcible entry and detainer: provided, that an appeal upon questions of law, as herein provided, may be taken in any action without reference to the amount in controversy, or the amount of the judgment.

1 M. 223 (289); 11 M. 104 (164).

§ 114. (SEC. 104.) Requisites to allowance of appeal. No appeal shall be allowed in any case unless the following requisites are complied with, within ten days after judgment rendered, viz:

First. An affidavit shall be filed with the justice before whom the cause was tried, stating that the appeal is made in good faith, and not for the purpose of delay.

11 M. 42 (72); 15 M. 447; 22 M. 551,

Second. A bond shall be executed by the party appealing, his agent or attorney, to the adverse party, in a sum sufficient to secure such judgment and costs of appeal, with one or more sureties, to be approved by the justice, conditioned that the appellant shall prosecute his appeal with effect, and abide the order of the court therein.

Third. The party appealing shall serve a notice upon the opposite party, his agent or attorney who appeared for him on the trial, specifying the ground of the appeal, generally, as follows: That the appeal is taken upon questions of law alone, or upon questions of fact alone, or upon questions of both law and fact. Said notice shall be served by delivering a copy thereof to the person upon whom service is made, or by leaving a copy at the residence of such person; and the original notice, with proof of service thereof, shall be filed with the justice who rendered the judgment appealed from, within ten days after such service is made.

15 M. 196, 447: 23 M. 4.

Fourth. The party appealing shall pay to the justice his fees for making the return, if demanded by the justice. (As amended 1868, c. 93, § 1.)

10 M. 175 (220).

$ 115. (SEC. 105.) Allowance of appeal-stay of proceedings. Upon a compliance with the foregoing provisions, the justice shall allow the appeal, and make an entry of such allowance in his docket; and all further proceedings on the judgment before the justice shall be suspended by the allowance of the appeal.

§ 116. (SEC. 106.) Filing of return on appeal-evidence to be returned, when. Within twenty days after filing the notice of appeal, and before the first day of the next term of the district court, the justice shall file in the office of the clerk of the district court wherein he resides, a transcript of all the entries made in his docket, together with all the process and other papers relating to the action, and filed with the justice; and upon the filing of his return, the district court shall become possessed of the action, and shall proceed therein in the same manner, as near as may be, as in actions originally commenced in that court, except as herein otherwise provided: provided, that upon an appeal upon questions of law alone, the justice before whom the action is tried shall, upon the request of either party to the suit, return to the district court a true transcript of all the evidence given upon the trial, and the same shall be filed with the clerk of the district court as a part of the return of said justice. (As amended 1872, c. 66, § 1, and 1873, c. 66, § 1.)

11 M. 42 (72); 12 M. 216; 15 M. 196.

§ 117. (SEC. 107.) Appeals, how tried in district court. Upon an appeal upon questions of law alone, the action shall be tried in the district court upon the return of the justice; upon an appeal taken upon questions of fact alone, or upon questions of both law and fact, the action shall be tried in the same manner as actions originally commenced in the district court. (As amended 1868, c. 93, §2.)

14 M. 214, 460; 18 M. 217.

§ 118. (SEC. 108.) Appellant to enter appeal for trial-effect of his omission. The appellant shall cause an entry of the appeal to be made by the clerk of the district court, upon the calendar of actions for trial, on or before the second day of the term, unless otherwise ordered by said court; and the plaintiff in the court below shall be plaintiff in said district court. And if the appellant fails or neglects to enter the appeal as aforesaid, the appellee may have the same entered at any time during that or some succeeding term, and the judgment of the court below shall be entered against the appellant for the same, with interest and the costs of both courts: provided, that it shall not be necessary for either party to notice the appeal for trial, nor file a note of issue with the clerk. (As amended 1871, c. 73, § 1.)

8 M. 225 (258).

§ 119. (SEC. 109.) District court may compel return. Upon an appeal being made and allowed, the district court may, by attachment, compel a return by a justice of the proceedings in the action, and of the papers required of him to be returned.

§ 120. (SEC. 110.) May compel justice to allow appeal. If a justice fails to allow an appeal in a cause, when the same ought to have been allowed, the district court, on such fact satisfactorily appearing, may, by attachment, compel him

to allow the same, and to return his proceedings in the action, together with all papers required to be returned by him.

§ 121. (SEC. 111.) May compel him to amend return. Whenever the court is satisfied that the return of the justice is essentially erroneous or defective, the court may, by attachment, compel him to amend the same.

§ 122. (SEC. 112.) Appeal not to be dismissed for want of bond. No appeal allowed by a justice shall be dismissed on account of there being no bond, or that the bond given is defective, if the appellant will, before the motion to dismiss is determined, execute such bond as he ought to have executed before the allowance of the appeal, and pay all costs that shall be incurred by reason of such default or omission.

§ 123. (SEC. 113.) Appeal to be tried, when. All appeals allowed thirty days before the first day of the term of the district court next atter the appeal allowed, shall be determined at such term, unless continued for cause.

§ 124. (SEC. 114.) Affirmance for failure to prosecute—judgment against sureties. In all cases of appeal from a justice's court, the district court has power to affirm the judgment of the justice, upon any default of the appellant to appear and prosecute his appeal; and in all cases, if the judgment is against the appellant, such judgment shall be rendered against him and his sureties in the bond.

8 M. 225 (258.)

§ 125. (SEC. 115.) Execution against sureties, when. If, upon an execution issued upon such judgment, the principal shall not pay the amount thereof, and the officer cannot find sufficient property of said principal to satisfy the same, such execution shall be enforced against the sureties; and the officer shall specify on his return by whom the money was paid, and the time thereof.

§ 126. (SEC. 116.) Rights of surety-paying execution. After the return of an execution satisfied in whole or in part out of the property of the surety, such surety is entitled to a judgment, on motion, against the principal, for the amount so paid by him, together with interest from the time of payment; such motion shall be made within one year after the return-day of the execution, and the return of the officer is evidence, upon the hearing of such motion, of the facts therein stated.

§ 127. (SEC. 118.) Return, when justice has gone out of office. Whenever an appeal is taken after any justice has gone out of office, from a judgment rendered by him while in office, such person shall make return to such appeal, in like manner and with like effect as if such appeal had been taken while he was in office.

TITLE 12.

PROCEEDINGS FOR CONTEMPT BEFORE JUSTICES OF THE PEACE.

§ 128. (SEC, 119.) Justice may punish for contempt, when. In the following cases a justice may punish for contempt:

First.-Persons guilty of disorderly, contemptuous and insolent behavior toward such justice, whilst engaged in the trial of an action, or in rendering judgment, or in any judicial proceeding, which tends to interrupt such proceedings, or to impair the respect due to his authority.

Second.-Persons guilty of any breach of the peace, noise or disturbance, tending to interrupt the official proceedings of such justice.

Third.-Persons guilty of resistance or disobedience to any lawful order or process made or issued by him.

§ 129. (SEC. 120.) Contempt, how punished. Punishment for contempt may be by fine, not exceeding twenty dollars, or by imprisonment in the county jail, not exceeding two days.

§ 130. (SEC. 121.) Trial to be had before punishment. No person shall be punished