Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-12-09
AN ACT

To authorize Courts Of Common Pleas 10 ap
point receivers in cases in attachment, and
to repeal section four Of the act entitled
"An act allowing and regulating writs Of at
tachment,' passed January IL, 1924.
SEC. I. Be Il enacted By he General .4i,e,l-
bly, 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 thereof in vacation,
shall have power, on the application
of the plaintiff, or any creditor who
may have filed a declaration in any
such case, and upon good cause
shown, TO appoint a receiver, who
shall take an oath faithfully TO dis
charge his duty, and shall also give
bond TO the State Of Ohio. in such
sum as said court or judge thereof
may direct, and with such security
as shall be approved Of by the clerk
of said court, conditioned for the
faithful performance Of his duty as
such receiver, and 10 pay over all
moneys, and account Tor all property
which shall come into his hands by
virtue Of such appointment, at such
times and in such manner as said
court may direct.
Sec. 2. Receivers appointed under
the provisions Of this act, shall take
possession of all notes, due-bills,
books of account, accounts, and all
other evidences of debt that have
been taken by the Sheriff or other
officer, as the property Of the de-
fendant in such attachment, and shall
proceed TO settle and collect the
same, and all credits due 10 the de.
fendant: and for that purpose may
commence and maintain 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 thereof, until such
real estate shall be sold, by the order
of the court. Such receiver shall
also when required. report his pro-
ceedings 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. 8. In all actions or suits in
the name of any such receiver, the
defendants shall have the same rights
of defence, by way Of sci off or
otherwise, which they would have
had if this act had not been passed.
Sec. A. That such receiver shall
upon his appointment, forthwith,
cause the several persons indebted to
said defendant, to be notified Of his
appointment as receiver, in said pro-
ceeding in attachment; which notice
shall be written or printed, and be
served on said debtor or debtors,
personally. or by leaving a copy
thereof at their place of residence,
and from the date OF such service
said debtors shall stand indebted to
the plaintiff in attachment, to the
amount OF moneys and credits in
their hands, or due from them to the
said defendant in attachment, and |
shall accout therefor to said receiver.
Sec. 5. That the property at
tached, shall remain in The hands Of
the Sheriff or other officer. unless
otherwise ordered by the court; and
unless the garneshee, in whose pos
session il may be found, shall give
bond to the officer, with two SUI
ficient sureties, freeholders Of the
county, in double the appraised
value thereof; conditioned that The
same property, or its appraised value
in money, shall be forthcoming to
answer the judgment Of the court;
provided, that II it shall appear to