89-7-67 - Form of the writ.
§ 89-7-67. Form of the writ.
The writ of attachment for rent and supplies, or either, may be in the following form, viz.:
"The State of Mississippi.
"To the sheriff or any constable of ________ County, greeting:
"Complaint on oath having been made before the undersigned, an acting justice of the peace in and for ________ County, that ________ is indebted to ________ for rent in arrear on the following leased premises [here describe the premises as in the affidavit], in the sum of ________ dollars, and that the said ________ is further indebted to ________ for supplies furnished the said ________, the tenant, by his landlord, in the sum of ________ dollars additional; and the claim having been made that there is a lien to secure the said debts on the following named agricultural products [here describe the products as in the affidavit], and bond having been given as required by law:
"Now, this is to command you that you forthwith seize and take the said agricultural products to an amount sufficient to satisfy the said debts, with interest and costs; and, if there be not a sufficiency of said products so to do, then that you distrain the other goods and chattels of the said ________, the tenant, so that your whole seizure may be sufficient to satisfy both of said sums, with interest and costs, and that you deal with the same as the law directs.
"Witness my hand, the ________ day of ________, A.D. ________
______________, J.P."
The above form must be varied so as to conform to the affidavit; and if a lien be not claimed, the command will be in these words:
"This is to command you to distrain the goods and chattels of the said ________, the tenant, to an amount sufficient to satisfy the said demands, with interest and costs, and that you deal with the same as the law directs."
Sources: Codes, 1892, § 2507; 1906, § 2844; Hemingway's 1917, § 2342; 1930, § 2194; 1942, § 916.