The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-07
JACKSON f., OHIO THURSDAY, JULY ?, 1853

attaches said property at the suit of sucf
plaintiff, and The officer, with two house
holders Of the county, who shall be frs
sworn or affirmed by the officer, shal
make true inventory and appraisement
Of all property attached. which shall be
signed by the officer and said household.
ers, and returned with the order; when
the property can be come at, he shall
take the same into his custody, and hold
it subject to the order OF the Justice.
Sec. 80. Fhe constable shall deliver
the property attached to the person in
whose possession it was found, upon the
execution by such person, in the presence
ol the constable, an undertaking OF the
plaintiff, with one or more sufficient su.
reties 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 appraised value in
money shall be forthcoming to answer the
judgement of the court in the action; but
If it shall appear tothe court that any part
Of said property has been lost or destroy.
ed by unavoidable accident, the value
thereof shall be remittcd TO the person OF
persons so bound. ----
SEC. 81. Different attachments of the
same property may be made, and one in
ventory and appraisment shall be suffi-
cient. The lien of the attachments shall
be in the order in which they are served,
and the subsequent attachments shall be
served on the property as in the hands oI
the officer, and subject to the prior at
tachments. The Justice who issued the
attachment having the priority of lien,
shall determine all questions as to the pri.
orlty of liens on the property attached.
Sec. 35. 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 mannel
for the service of summons, if the same
can be done within the county, and when
any property of the defendant has beer
taken under the order of attachment, and
it shall appear that the summons ISSUED
in the action has not been, and cannot bt
served on the defendant in the county, ir
the manner prescribed by law, the Justice
of the Peace shall continue the cause fol
period not less than forty nor more thar
sixty days. Whereupon the plaintiff shall
proceed for three consecutive weeks tc
publish in some newspaper printed in the
county. or if none be printed therein
in some newspaper of general circulation
in said county, notice stating the names
of the parties, the time when, by wha
Justice of the Peace, and for what sun
said order was issued, and shall make
proof of such publication to the Justice
and thereupon said action shall be pro.
ceeded with the same as if said summon,
had been duly served.
SEC. 36. v hen the cause is continued
as provided for in the preceding section
and it shall appear that any Of the prop
erly taken under the attachment is Iiyt
stock, or is of perishable nature, thu
Justice may issue bis order directing tht
officer having the custody thereof. 10 dis
pose of the same as upon execution. anC
the moneys realized lherefrom shall bt
paid over to the Justice and applied a,
other money realized from the sale OF thu
property attached is applied.
SEC. 81. When the plaintiff, his agent OF
attorney, shall make oath in writing, tina
he has good reason TO. and does believe
that any person or corporation, TO bt
named and within the county where the
action is brought, has propesty Of the de
fendanl describing the same) in his pcs
session. if the ofiicer.cannot come at such
property, he shall leave with such garni
shee, copy of the order of attachment
with written notice, that he appear be-
lore the Justice, at the return of the or
der OF attachment, and answer, as provi
ded in section thirty nine.
Sec. 38. The copy Of The order and no
tice shall be served upon the garnishee
as follows: If he be person. they shal
be served upon him personally, or left a
his usual place of residence; if a corpo
ration, they shall be lett with the presi
dent, or other head OF the same, or thu
secretary, chashier or managing agen
thereof
Sec. SO. The garniShee shall appeal
before the Justice in accordance with tn,
command Of the notice, and shall answer
under oath, all questions put to him touch
ing the property of every description ant
credits OF the defendant, in his possession
or under his control. and he shall dis
close, truly, the amount owing by him tc
the defendant, whether due or not; anC
in the case of corporation. any stoct
therein held by, or for the benefit of, the
defendant, at or after the service Of no
tice.
SEC. 10. A garnishee may pay The mon
ey owing 10 the defendant by him. 10 the
constable having the order of attachment
or into the court. He shall be discharged
from liability to the defendant, Tor any
money so paid, not exceeding the plain
tiff's claim. He shall not be subjected tc
costs beyond those caused by his resist
ance of the claim against him; and II hi
disclose the property in his hands or thu
true amount owing by him, and deliver
or pay the same according to the ordel
OF the court. he shall be allowed his costs
SEC. Al. If the garnishee do NOT ap
pear and answer, as required by sectiol
thirty nine, the Justice may proceed
against him by attachment as for con
tempt.
Sec. AZ, II the garnishee appear an
answer. and il is discovered on his exami
nation, that, at or after the service of th'