Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-19
NUMBER 49,

thereof, that the properly tsapptaised
value in money Shall bs forhc oniing to
answer tho Judgment Of the cont in tho
action; bpt i'll shall appear to tie coust =
that my part fsaid property has been
lost or destroyed by unayoidable acci
'deni. the value thereof shall be yenaitis.a
to the person or persons so bound: ,,'se.
Sec. 81. Different attachment Of tho
same property may be made, and ono
inventory and oppraisincnt shnil DO suf.
6cien,. 1tc lien OF tho attachments
shall be in the order in which they afo
served, and the subsequent attachments
shull be served, on the property os In
the hands Of the officer. and subjectto I
the prior attachments. Tho Justice who
issued the atlachmcnthaving the priority
Of lien, shall determine all questions as
to the priority Of liens on the property
attached.
Sec. So. II the order OF attachments
mnde to accompany the summons, q copy
thereof and the summons shall be serv.
o. upon the defendant in the usual man.
ner for the service OF a summons, ifths
same can bo done within the county.
AMI when any property Of the defendant
has been taken un lcr the ORDER Of Mt.
,arlmani, ond it shall appear that the
summons issued in the action has not
been, and cannot be served on the dc.
(cndant in the county, in the manner
prescribed by law, the Justice Of the
Peace shall continue the cause for pc.
Rod 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
printq therein, then in some newspaper
OF general circulation in said county, a
no,icc stating the names Of the parties,
the time when, by what Justice Of the
Peace, and for what sum said orler was
issued, and shall make proof Of such pub
lica,ion TO the Justice, onl thercupon
said action shall be proceeded with tho
same as If said summons had been serp.
cl.
Sec. SO. When the cause is continued
as provided for in the preceding sec.
: ton, and it shall appear that any OF
the property taken under the attachment
G is live stock, or is Of perishablc ma.
4, ture, the Justice may issue his order di.
X, recting the officer having the custody
S thereof, to dispose Of the same as upon
n execution, and the moneys realized
J.. thcrelrom shall be paid over to the Jus.
c tic' and applied as other money real
j. izol from the sale Of the property attach
;. cd is applied.
If Sec. 81. When the plaintiff, his agent
$ or attorney, shall make oath in writ
y ing, that he has good reason TO, and
n does believe, that any person or corpo.
d ration, to be nameI and within tho
S county where tho action is brought, has
$ property Of the defendant [descrbiug
: the same] in his possession, if the off.
S Ger cannot come at such property, he
s shall leave with such garhishee, copy
= oflhc order Of attachment, with written
i notice, that he appear before tho Justice,
i ni The return Of the order Of attachment,
o nine.
o Sec.''3s. Tho copy Of tho order and
IS roticc shall be served upon the garni.
!. shee, as follows: If he De a person.
Il they shall be served upon him PERSONAL
d ly, or left at his usual place Of residence;
S if a corporation, they shall be left with
S the president. or other head Of the same
IS OF the secretary, cashier or managing a.
n gent thereof.
:. Sec. 3D. The garnshcc shall appear
} before the Justice in accordance with the
i. conimanl Of the notice, and shall an.
l. swcr, unlcr oath, all questions put 10
"a him touching the property Of every de.
L. scription and credits Of the defendant,
G. in his possession Or under his control,
IS and he shall..disclosc, truly, the amour,
&C owing by him 10 the defendant, whethe,
e, due or not; and in the case Of corpo
j. ration, any stock therein held by, OF fol
H. the benefit OF, the defendant, at or aftel
he tho service Of notice. .
IS Sec. 40. A garnishec may pay the
,r; money owing 70 the defendant by him
cs to the constable having the order Of ut.
Of tachment, or into the court. He shall
of be discharged from liability to the de-
81. fenIant, for any money so paid not ex
". ceeding tho plaintiffs claim, He shall
ct, not be subjected to costs beyond those
h, caused by his resistance Of the claim a
Ill. gainst him, and If he disclose the prop
er. er,y in his hands or the true amount ow
ing by him. and deliver or pay the san,
according to the oder Of the court, h
shall be allowed his costs.
Sec. Al. Ii the garnishee do not ap
Ire pear and answer, as required by section
Of ihry.nine, the Justice may procee
vii again:t him by attachment as for o e,n
tempt.
Sec. ~ 1.-THE garnishee appear an
or. answer, and tits discovered on his cx
de- animation, that, at or after, the servic
:er, of the order Of attachment and motto
in upon him, he was possessed ofany prop
:er; cry fthe defendand. or was indebte
dc. to him, the Justice may order the deli,
and cry Of such property and the paymer
yer. Of the amount owing by the garnishe,
or. into the court; or may permit the garn
the shec to retain the property or the an,our
Ger, owing, upon the execution Of an unde
NY. tukins to the plaintiff by ono or MOI
by sufficient surctics, to the effect, that ii
.o,y amount shall be paid, or the proper
ch. forthcoming as tho court may direct.
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