Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-12-15
November 10, 1859.
70. 81 AN ACT.

mo. 2. AN ACT.
To authorize Courts of Common Pleas to appoint
receivers in cases in attachment, and to repeal
section four of the act entitled .'An act allow
ing and regulating writs of attachment" pass
ed January II, 1924.
Sec. l. BE enacted By the General Assembly 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 plaintiff, or any creditor,
who may have filed 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 give bond to the State of O.
hio, in such sum said court or Judge thereof
may direct, and with such security as shall be ap-
proved of by the clerk of said court conditioned
tor the faithful performance of his duty as such
receiver, and to pay over all moneys, and account
for 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 provi-
sions of this act, shall take possession of all notes
due-bills, book of account, accounts and all 9TH
er evidences of debt that have been taken by the
Sheriff, or other officer, as the property of the
defendant in such attachment and shall proceed
to settle and collect the same, and all credits due
to the defendant; and for that purpose may COM
mence 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 at
tached, receive the rents and profits thereof until
such real estate shall be sod by the order of the
court. Such receiver shall also when required,
report his proceedings to the court and shall hold
all moneys collected by him, and property which
may have come into his hands, subject to the or
der 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 set-of or 9th
erwise, which they would have had if this act had
not been passed.
SEC. 4. 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 proceeding in at
tachment; which notice shall be written or print
ed, and be served on said debtor or debtors, per-
sonally. 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 ac-
count therefor to said receiver.
SEC. 5. That the property attached, shall re-
main in the hands of the sheriff, or other officer,
unless otherwise ordered by the court; and unless
the garnishee, 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. conditioned
that the same property, or its appraised value in
money, shall be forthcoming to answer the judg-
ment of the court; provided, that if it shall ap-
pear to the court that any part of said property
shall have lost orbeen destroyed, by unavoida-
BILE accident, they shall remit the value thereof
to the person SO bound.
Sec. g. That section four of the act entitled
s'An act allowing and regulating writs of attach
ment," passed January seventeenth, one thousand
eight hundred and twenty four, be and the same
is hereby repealed
JAMES c.. JOHNSON,
iSpeaher of the House of Representatives.
f.. WILLIAM MEDILL,
President Of tie Senate.