Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-12-23
November 10. 1852.
~ ACT

1
To authorise Courts OF Common Pleas 70 appoint
receivers in cases in attachment, and to repeal
section four OF the entitled IAN act allowing
and regulating writs of atlachmsnt," !" passed
: January IL, 1924.
i Sec. l. Be it enacted by The General As
seDaJLy Of the State Of Ohio, That in all cases
in attachment now pending in the Court OF
Common Pleas, or which may hereafter be
commenced, said court, or any Judge there
of in vacation, shall have power, on the ap-
/ pllcation of the plaintiff or any creditor who
may have filed declaration in any such case,
and up on good cause shown, to appoint a re-
ctiver who shall take an oath faithfully to dis
charge his duty, and shall give bond TO the
State of Ohio, in such sum as said court or
judge thereof may direct. and with such se-
curity as shall bo approved Of by the clerk Of
said court, conditioned for the faithful perfor-
nance of his duty as sncI receiver, and to
pay over all moneys, and account for all pro-
perty which shall come into his hands by vir-
tue ofasuch appointment, at such times and
s1ch manner as said court may direct -
! Sec. 2. Receivers appointed under the
provisions of this act, shall take possession Of
all notes, due-biils, books of account, accounts,
and all other evidences of debt that hare been
taken by the Sheriff or other officer, as the
property of the defendant in such attach
ment. and shall proceed to settle and collect
the same, and all credits due to the defendant;
and for that purpose may commence and main
tain suits in his own name as such receiver, and
shall also have power to manage and control
any real estate that may have been attached,
and receive the rents and profits therof, un-
til such real estate shall be sold, by the order
Of the court. Such receiver shall also when
required, report bis proceedings to the court,
and shall hold all moneys collected by him
and property which may have come into
his hands, subject TO the order of the court.
Sec. 3. In all action or suits in the name
of any such receiver, the defendants shall
have the same rights of defence. by way of
set off or otherwise, which they would have
had if this act had not been passed.
Sec. 4. That such receiver shall upon bis
appointment forthwith, cause the several per-
sons indebted 10 said defendant, 10 be notified
of his appointment as receiver, in said pro-
ceeding in attachment: which notice shall be
written or printed. and be served n-said deb
tor or debtors, personally, or by leaving a
copy thereof at their place or residence, and
from the date of such service said debtors
shall stand indebted to the paintiff in attach
ment, to the amount of moneys and creditsin
their hands, or due from them to the said
defendant in attachment, and shall account
therefor to said receiver. ESQ
Sec 5. That the property attached. shall
remain in the hands Of the Sheriff or other
officer, unless otherwise ordered by tile court;
and unless the garniskee. in whose possession
it may be found, shall give bond to the officer,
with two sufficient sureties, freehoders Of the
county, in double the appraised value thereof,
contioned that the same property, or its ap-
praised value in money, shall be forthcoming
to answer the Judgment of the court; provided,
that if it shall appear to the court. that any
part of said property shall have been lost or
destroyed, by unavoidable accident, they shall
remit the value thereof to the person SO
bound.
Sec g. That section four of the act en-
titled IAN act allowing and regulating writs
of attachment" passed January seventeenth
one thousand eight hundred and twenty -four
be and the same is hereby repealed.
JAMES c. JOHNSON.
Speaker of the House of Reps
WILLIAM MEDILL
President of the Senate.
November "a, 1852.
AUDIToR's OFFICE,
Sandusky County, Ohio
/ certify the foregoing laws are truly copied
from those furnished this office by Secretary
of State.
HORACE E. CLARK,
coanty Auditor.