into the Treasury of the Court.
Art 145 Should any per.oo in whose hands, good, are seized iu the course of
. suit', uuder the authority of a writ, atteu.pt «defeat or evade the
seques-tration in violation and contempt thereof, by removing them or otherw.se ; - h e
U l he liable beside» the aforesaid penalty, to satisfy the judjwrent wh.ch may be
eventually given in the cause, unless withiua very short period of time, he
pro-duee or replace the same, by the leave of the Court; and if suclvpersou ,be not
considered sufficiently able to answer the amount of such eventual judgment, he
w i i ^ a liable to be committed to goal.
Art. 146. In cases where by law, only part of a ship or vessel (including China J a n k s , &c.) may become liable to be seized in the eourse of a suit, such seizure snail not extend to prevent her from sailing on her Voyage, if the scizable part do riot exceed a quarter of her value.-—Hat if it should exceed that proportion, the
• sequestration shall continue in force, until adequate security is given for the per-formance of the judgment.—-In case however, such ship or vessel had been freight-ed and loadfreight-ed, previous to the suing out the writ ; on proof thereof by some suf-ficient and creditable act, security shall only be required from the Defendant, equal to the amount of the actual value of the ship or vessel, to be put in force in case she should be afterwards lost.
1 Of Guarantee.
Art. 147. Where a person who has acquired lands, either by purchase, çift, exchange, partition, with or from another, or otherwise, is afterwards summoned at the instance of a party, to redeem the said property from a prior mortgage or other claim on the land, of which he may riot have been previously apprized ; he shall be at liberty himself to apply for and take out a mandamus or writ of guarantee, against the Vendor, or other person from whom he may have derived the said property, requiring his appearance before the Court, to guarantee or
in-demnify bim from all such claims and incumbrances, or that the seller or other person as aforesaid, may be substituted in his place, or be made to intervene as a party in the original suit, and held answerable in the event.
Art. 148. And in case such an action of guarantee is prosecuted by the De-fendaüt, thé original cause shall be delayed, until such time as the Defendant irt the guarantee cause, or all the parties if more than one, shall have answered ; or until tbe last mentioned cause shall by default, have been determined against bim or them.,
Art. 149. The original Defendant claiming guarantee, having filed a suit for that purpose, shall not be afterwards entitled to plead to the jurisdiction, or except to the competency of the Court, upon the original action; but all such pleas or exceptions intended to be preferred, must be entered by him in the first in-stance, previous to any proceedings in 'guarantee, unless for sufficient reasons, the Court may allow of his doing otherwise ;—so also the Defendant in the guarantee cause, will not be admitted to availhimself of any such exceptions.
Art. 150. The Defendant in the guarantee cause shall be obliged to answer generally, either admitting and submitting to the responsibility and satisfaction
«of the claims and charges preferred, or else contending his-liability, and refusing1
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to execute any indemnity.—In the latter case., the proceedings in the original action shall be suspended, until the question at issue, relative to the right of guar-antee has been determined by the Court.
Art. 151. After summons, should the Defendant in the guarantee cause, oppose the Plaintiff's claim of guarantee, or deny his liability, the Plaintiff in that Cause may also in the Same manner, object to go on with the original suit on his part ; when if a judgment or decree should pass against him by default or Contumacy, he shall nevertheless be entitled to retain his right against the defen-dant in guarantee, as well for the amount of the judgment or decree which shall have been given against him, including interest, as for the costs and damages sustained. B u t in case either of the Plaintiffs should object to his antagonist withdrawing from the suit, and abandoning the process, the Court shall decide on that question, according to equity and right.
Art. 152. If the person who is sought to be made liable to guarantee, sub-mits to come in, and intervene as a party in the original suit, and make himself an-swerable for the consequences, the Plaintiff shall not be bound, as of course to accept of such an undertaking unconditionally, in discharge of the original Defendant -but may only do so without prejudice to his holding both, equally liable for the amount of any judgment or decree, which he may recover, with the costs of suit.
Of Indemnity.
Art. 153. Where a person is bound to indemnify another against any per-gonal claims ;—as for instance, an original debtor is obliged to indemnify his security, or otherwise, or where One has engaged to secure another, against future pecuniary demands after any payments, or settlement of accounts:—la cas«? of an action commenced against the security, the original debtor may be immediately summoned, at the instance of the former, by a writ of indem-nity, to indemnify the original Defendant, against the consequences of the action so brought against him.
A r t Î54. This proceeding however/ shall not interfere with, or impede the determination of the original suit against the debtor, even though the security should submit to intervene, and take the burthen of the original suit on him-self, instead of the original Defendant, who will not be permitted to with-draw, as of course.
Art. 155. Neither in this case, nor in the case of Warranty before mentioned, shall it be competent to the parties, to plead to the Jurisdiction, or except ta
the competency of the Court, (