Section 52-283 – Certain attachments effective without removal of property

May 11, 2021 | Civil Procedure, Connecticut

Attachments of machinery, engines or implements, situated and used in any manufacturing or mechanical establishment, or of hay or unthreshed grain deposited in any building, or of any crop deposited in any building, or of brick in kilns, or of wood, sawed lumber, railroad ties or logs when gathered together in piles, which cannot, in the opinion of the officer levying upon the same, be moved without manifest injury, shall be effectual to hold the same without any removal thereof; provided the service of such attachment shall be completed and a copy of the process and of the accompanying complaint, with the officer’s return endorsed thereon, particularly describing the property attached, shall be filed in the office of the town clerk of the town in which such property is situated and the office of the Secretary of the State, on a form provided by said Secretary of the State, within forty-eight hours after such attachment has been made; and when the levy has been upon any such hay, unthreshed grain, crops or brick, the officer shall also post a notice of his attachment on the outer door, or other conspicuous place, of the building in which such property is situated. Fees for the filing of such notice and procedures for such filing shall be established by the Secretary of the State.

Conn. Gen. Stat. ยง 52-283

(1949 Rev., S. 8028; March, 1958, P.A. 27, S. 68; 1971, P.A. 257, S. 1; P.A. 82-472, S. 164, 183.)

Cited. 14 C. 226; 40 C. 222. Officer’s return need not state why machinery was not moved. 62 C. 556. Equipment of stone-quarry; description of machinery; return need not state inability to move; posting notice where no door. 92 C. 11. What steps essential to make valid attachment of machinery. 99 C. 372. In attaching a cage of lions, officer must take them into his possession or place a keeper in charge; statute is not applicable. Id., 591. When personal property need not be removed by officer. 107 Conn. 302. Cited. 3 CS 413; 4 CS 492; 11 Conn.Supp. 262. Exception to requirement that attached property be held in custody, discussed. 16 Conn.Supp. 95. Cited. 42 CS 206.

See Sec. 53-130 re concealment or distribution of attached property.