Litchfield enquirer., 1848-08-03
Sec. 5. Whenever any debt due or which

l. | 1 may become due to any person, fI0m tn, estate Ofa deceased person which is seitl''t as an inSolvenl estate. or from any insnl vent estate a>sign ned for the benefit of credi, tors, shall be sn attached. the lien created by such altachme :t, Sh"ll not continue un- less demand is made of the garniShee upon the execution within sixty days after the rendition of the judgement, or within sixty days after the report of the e mmisSioners allowing the claim f the defendant, shall have been returned to and accepted by the Court of Probate--Or, if an appeal or re- view is allowed on such claim, within six ty days after the final allowance oG such claim.
 Sec $. Whenever demand shall he made of the garnishee upon the executiOs. in ei. ther of the cases mentioned in the three preceding sections, within the periods there in specified, the garnishee may pay the debt, or deliver the legacies or diSributive share so attached, to the officer making the de- mand, to be applied on such execution and if al the time of such payment or delivery, the garnishee would have been required by law to make such payment or delivery to the defendant, if there had been no atach> ment, or would have been justified in so dos Ing. he shall be credited for such payment or delivery 10 the officer in his adminis,ra> ton account. ...
 Sec. 7. If upon demand so made, the garniShee shall neglect or refuse 10 make such payment or delivery, tn, plaintiff in the Foreign Attachment may maintain a Scare Jacios against him. within the time limited by law in other cases, which shall he hfNnOhf and tho iudu hor the plaintiff shall recover, shall he rendered against the defendant as executor, admins istrator or trustee as aforesaid-an upon such judgement no execution shalt be is- sued, but. the defendant may pay upon the same, the whole or so much of the monies, UT Of the value of the goods and effects ats tached, and for which he would otherwise have been liable 10 the original defendant, as may be necessary to satisfy the said judgement, which p ,ymeht shall be credit> cd to such executOr, adm nistra.or or trustee in hiS administration accoun, :: Provided, that he shall not be credited with the costs recovered on such Seue .facion, unless the Court of Probate shall be of opinion that the executor, administrator or trustee was justified in mourning the same.
 Sec. lf the garnlshee shall not pay such Judgment us provided ia the last section. the slme may be recovered by th'. attaching creditor in an action on the probate bond, and no. otherwise.
 Sec Whenever any debt due, or tt become due, any person from an estate settled as solvent estate, shall be at tached as herein before provided, the at iaching cred tor may, within the tim ltmiled for the presentMel.t of claim against such estate, present the debt 8 by hun attachedt to the executnr or ad minisirator and in such case such det shall not be barred Us against such al tachIng creditor, notWiihsl anding the de fendant in the Fore'gn Attachment Ma tail lo present the same within the tim SD limited.
 Sec. 10 Whenever any debt due, any person from an estate rcpres.nte Insolven. or trOm an insolvent estate as signed tor the benefit of creditors, sha be attached as herein before provide, the attaching creditor may, within tn time lmniled for the preseniment ( claims against such estate, present ih Gebt SO by him attached, to the commi. sioners on such estate, and may appea and be heard in relation thereto, an sh .li have the s,ms right of review C repeal as the defendant.
 Sec, II Nothing in the TWO precedin sections shall be construed as exemptin, any creditor of an estate who shall hav neglected to present h:s claim agaiDs such estate wiihin the time limited, iron any fo.fr,ture or bar by reason of sucl neglect but the presentncnt and proc ui any debt, as afort said. by an attach tug creditor alone.
 Sec. l2 If any executor, administra tor, or trustee shall have been a,tache, under this act, shall die or be removed pending the proceedings either on tn original writ or on the ScIre facias, upo p'oper sugg, sion being made upon ih d.such proceedings may be continue against his survivor, or his successor i such trust. as the case may be, in tn s.me manner as they might oherws have been against the origin d garnishe or garnishres.
 Sec. l3 Tie net ntitled An Act addition 10 all Act entitled "An Act i : authorizing the collrction of debts h Foreign Attachment" approved June 2, . IS46. IS hereby rep,aled. LA FAYErrE FOSTER, Speaker of the House of Repre- sentative CHARLES J McCURDY. { Approved, June p. lsiS