Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-01-14
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AM ACr

mo. :, s..t.- AN ACT -..r
To suIhorize Couris Of Common Pleas to Cd.
point receivers 10 cases in attachment, and TO
repeal section four OF the act entitled "Au
act allowing aud regulating wri's of attach.
menl," passed January II. I894f
Sec. I, Be il enacted bv the General Assem-.
bly, OF The STATE OF Ohio, That in all cases 10 al
IachmenI now pending in the Court of Com.
mon Pleas. or which may hereafter be rommen.
ced, said couTt or any Judge thereof in yaca
Ion. shall have power, on The application Of The
plaiHuf, OTany creditor who may have filed u
declaration in any such case, and upon good
cause shown, 10 appoint a receiver, who shall
take an oath faithfully IN discharge his duIy,
and shall give bond TO the State of Ohio. in
such sum as said court or Judge thereof may di.
Iect, and with such security ss shall be appT0v.
ed Vi by The clerk Of said court, conditioned for
The faithful performance Of his duty ns such re.
ceiver, and 10 pay over all moneys. and account
fnT all properly which shall come iuIo his hands
by virtue Of such appointment, at such times
and 10 such mRhneE as said court may direct.
Sec. 2. Receivers appointed under the pro
visions Of This acI, shall take possession Of ull
notes, due bills. books Of account. accOuuts, and
ell other evidences Of debl that have been Ia,
Ken by the Sheriff or other officer. as the pTnp.
eEly- Ol The defendant in such attachment, and
shall pracesd 10 settle and collecI the same, and
all crsdlIs due 40 abe dslendaei !; shd fer .hsl
parp0se mag commeOc6SBd mafntain suits IN his
own name as such receiver. and shall also have
power to manage and control any real estate
thai may have been attached. and receive The
rents and profits thereof. until such real estate
shall be sod, by the order Of he court. Such
receiver shall also. when required, report his
proceedings TO the court. aud shall hold ell mo.
news collected by hun. and properly Which may
have come into his hands, subject 10 the order
ofthe court.
Sec. 3. 10 all actions or suits 10 the name OF
any such receiver, the defendants shall have
the snme rights Of defence, by way of sci off.
or otherwise, which they would have had if this
act had mt been passed.
Sec. 4. That such receiver shall, upon his
appointment. forthwith, cause The several per.
sons indebted to said defendant to be notified OF
his appointment as receiver, 10 SAID proceeding
in attachment; which notice shall be ~rilten
or printed. aud be served on said debtor or dent.
ors, personally. or by leaving copy thereof At
their place OF residence, aud from The date Of
saSh SH'u sudb stbuU tiltlCOttu
10 the Pisialf in attachment. TO the amount of
moneys and credns in their hands, or due from
them "a the said defendant in attachment, and
shalt account therefor TO said receiver. .
Sec. 5. That The properly attached, shall re.
main ia the hands Of The Sheriff Or other off.
Ger, unless otherwise ordered by the court: aud
unless the garnishee, in whose possession il may
be found. shall give bond to the officer. with
swOsuficien. surelpS, (Eeeholders of The county.
10 double The appraised value thereof. condition.
ed Iha, The same properly, or It's appraised val.
us IN money, shall be forthcoming Ia answer the
judgment OF the court; provided that if il shall
appear TO The court that any part Of said prop
erty shall have been lost or destroyed. by una.
SOdabls accident, they shall remit the value
thereof 10 the person 50 bound.
Sec. s.. That section four Of The act entitled
"An act allowing aOd regulating WriIs of attach
ment." passed January seventeenth, one thous.
and eight hundred md IwenIy.CouT, be, sad The
same is hereby repealed.
JAMES c. JOHNSON,
Speaker Of the House OF Representatives.
- WILLIAM MEDILL,
President Of The Senate.
November -, 1859.