Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07

officer; he shall go to the place wher'
the defendants property may be found
and there in the presence Of two credi
bic persons, declare that by virture o
said order, he attaches said property a
the suit Of such plaintiff, and the officer
with two householders of the county
who shall be first sworn or affirmed BY
the officer, shall make true inventory
and appraisement of all property at
taehed, which shall be signed by the
officer and said householders, and re-
turned with the order; when the proper.
ty can be come at, he shall take the
same into his custody. and hold it sub
iect to the order of the Justice.
Sec. 80. The constable shall deliver
the property attached to the person in
whose possession it was found, upon the
execution by such person, in. the presence
of the constable, an undertaking of the
plaintiff, with one or more sufficient
sureties resident in the county, to the
effect that the parties to the same are
bound in double the appraised value
thereof, that the property or its ap-
praised value in money shall be forth
coming to answer the Judgment of the
court in the action; but if it shall ap-
pear to the court that any part of said
property has been lost or destroyed by
unavoidable accident, the value thereof
shall be remitted to the person or per-
sons so bound.
Sec. 81. Different attachments of
the same property may be made, and
one inventory and appraisement shall
be sufficient. The lien of the attach
ments shall be in the order in which
they are served, and the subsequent at
tachments shall be served on the proper
ty as in the hands of the officer, and
subject to the prior attachments. The
Justice who issued the attachment hav-
ing the priority of lien, shall determine
all questions as to the priority Of liens
on the property attached.
Sec 50. If the order of attachment
is made to accompany the summons, a
copy thereof and the summons shall be
served upon the defendant in the. usual
manner for the service of a summons,
if the same can be done within the
county, and when any property of the
defendant has been taken under the
order of attachment, and it shall appear
that the summons issued in the action
has not been, and cannot be served on
the defendant in the county, in the man
ner prescribed by law, the Justice of
the Peace shall continue the cause for
period not less than forty nor more than
sixty days. Whereupon the plaintiff
shall proceed for three consecutive
weeks to publish in some newspaper
printed in the county, or if none be
printed therein, then in some newspaper
Of general circulation in said county,
notice stating til e names Of the
parties, the time when, by what Justice
Of the Peace, and for what sum said
order was issued, and shall make proof
Of such publication to the Justice, and
ihereupon said action shall be proceeded
with the same as if said summons had
been duly served. ,s
Sec. SO. When the cause is continued
as provided for in the preceding section,
and it shall appear that any of the
property taken under the attachment is
i've stock, or is of perishable nature,
he Justice may issue his order directing
he officer having the custody thereof,
70 dispose of the same as upon execu-
ion, aRd the moneys realized therefrom
shall be paid over to the Justice and ap-
Piled as other money realized from the
;ale of the property attached is applied.
Sec. 81. When the plaintiff, his agent
1r attorney, shall make oath in writing,
hat he has good reason to, and does be-
ieve, that any person or corporation, to
De named and within the county where
he. action is brought, has property of
he defendant describing the same) in
lis possession, if the officer cannot come
1t such property, he shall leave with
Iuch garnishee, a copy of the order of
with written notice, that
lie appear before the Justice, at the re-
urn Of the order Of attachment, and
answer, as provided in section thirty
line. 1eaza ~ Y l1,- 'rzo1
See. 38. The copy of the order and
lotice shall be served upon the gar
lishee, as follows: If he be person,
hey shall be served upon him personal |
y, or left at his usual place of resi-
lence; if corporation, they shall be
eft with the president, or other head of
he same, or the secretary, cashier or
managing agent thereof. as
Sec. 80. The garnishee shall appear
,efore the Justice in accordance with
he command Of the notice, and shall
under oath, all questions put
0 him touching the property of every |
description and credits of the defendant,
d his possession or under his control,
nd be shall disclose, truly, the amount
wing BY him to the defendant, whether
Iue or not; and in the, case of a cor
,oratien, any stock therein held BY. or
or the benefit sof the defendant, at or
fterthe service of notice.
Sec. 40. g A garnisheea may pay the
aoney owing to the defendant BY him,
. She constable having the order of at
schment, or into the court, He shall I
Q discharged from liability to the de-
sndant. for any money so paid, not ex-
eedine the plaintiff claim. He shall |