Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

ties the same are DOund IN double the appraiser
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 fit
shall appear to the court that any part ofsaid pro-
perty has been lost or destroyed by unavoidable
accident, the value thereof shall be RENTED to
the person or persons SO bound. ed g,gqas1s sd1
81 Sec "a. Different attachme nts Offthe same
property may be made, and enc inventory and ap-
praisement shall be sufficient The lien of the
attachments shall be in the order in which they
are served, and the subsequent attachments shall
pc served on the property as in the hands of the
ohcer, and subject to the prior attachments. The
Justice who issued the attachment having the
priority lien, shall determine all questions as to
the priority of liens the property attached. g5
Fe Sec. 35. If the order of attachment is made to
accompany the summons, 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 un-
der the order of attachment, and it shall appear
that the summons issuedinthe action has not been,
and cannot be served on the defendant in the
county, in the manner prescribed by law, the JUS
tice of the Peace shall continue the cause for a
period not less than forty. nor more than sixty
days. Whcreupon the plaintiff shall proceed for
three consecutive weeks to publish in some news
paper printed in the county, or if none be printed
therein, then in some newspaper of general circu-
lation in said county, notice stating the 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 thereupon said action shall be pro-
ceeded with the same as if said summons had been
duly served. '.l-
Sec 36 When the cause is continued as pro-
vided for in the preceding section, and it shall ap
pear that any of the property taken under the at
tachment is live stock, is of perishable nature
the Justice may issue his order directing the Off
Ger having the custody thereof, to dispose of the
same as upon execution, and the moneys realized
therefrom shall be paid over to the Justice and
applied as other money realized from the sale Of
the property attached is applied.
Sec. 81. When the plaintiff, his agent or at
torney, shall make oath in writing, that he has
good reason to, and does believe, that any person
or corporation, to be named and within the courl-
ty where the action is brought, has property of the
defendant describing the same) inhls possession,
if the officer cannot come at such property, he
shall leave with such garnshee, copy OF the or
der of attachment, with a written notice, that he
appear before the Justices at the return of the or
der of attachment, and answer as provided IN sec.
ton thirty mine. ..---i- tsl =
Sec. 38. The. copy of the order and notice
shall be served upon the garnishee, as follows:
If he be person, they shall be served upon him
personally or left at his usual place of residence;
if corporation, they shall be left with the pres-
dent, other head of the same, or the secretary,
cashier or managing agent thereof
Sec. 80. The garnishee shall appear before
the Justice in accordance with the command of
the notice, and shalt answer under oath, all
questions put to him touching the property of ev-
cry descriptions and credits of the defendant, in
his possession, or under his control, and he shall
disclose truly, the amount owing by him to the
defendant whether due not; and in the case ofa
ccrporation any stock therein held by, or for the
benefit Of the defendant, at or after the service Of
notice. - vac 81 so e.a,3 s-f ss oA-4z I'll s
2 ~ l. Al.
owing to the defendant by him, to the constable
having the order of attachment orsinto the court.
He shall be discharged from liability to the de-
fendant, for any money so paid, not exceeding the
plaintiffs claim. He shall not be subjected to
costs beyond those caused by his resistance
of the claim against him; and if he disclose the
property in his hands or the true amount owing by
him, and deliver or pay the same according to the
order of the court he shall be allowed his costs.
Sec Al If the garnishee do not appear and
answer as required by section thirty-nine, the
Justice may proceed against him by attachment
as for contempt. ,t -, .'.
. Sec. A. Ifthe garnshee appear and answer, and
it ST discovered on his examnaton that, at or af-
ter the service of the order of attachment and no.
tice upon him, he was possessed of any property
the defendant, or was indebted to him. the JUS
tice may order the delivery of such property and
the payment of the amount, owing by the garn-
ishee, into the courts or may permit the garnishee
the execution of an undertaking to the plaintiff
by one or more sufficient suretfes to the effect,
that the amount shall be paid, or the property
forthcoming as the court may direct
Sec 49,. If the garnishee fail to appear and
answer, or if he appeared and answer, and his dis
closure is not satisfactory to the plaintiff; fhe
fail to comply with the order of the Justice to de-
liver the property and pay the money owing into
court or give the undertaking required in the pre-
ceeding section, the plaintiff may proceed against
him in an action, in his own names as in other
cases. and thereupon such proceeding may be had
as in other actions, and judgement may be render
ed in favor of the plaintiff, for the amount of the
property and credits of every kind Of the defendant
in possession of the garnishee, and for what shall
appear to be owing by him to the defendant, and
for the costs of the proceedings against the garn-
ishee. IF the plaintiff proceed against the garn-
ishee by action, for the that his disclosure
was unsatisfactory, unless it appear in the action
that such disclosure was incomplete, the plaintiff
shall pay the costs of such action. The Judge
ment in this action may be enforced as judgements
in other cases. When the claims of the plain
tiffs in attachment are satisfied, the defendant in
attachment may, on motion, be substituted as the
plaintiff in the judgement. ia
Sec. "A. Final judgement shall not be rem
dered agaipst the garnishee, until the action
against the defendant in attachment has been de-
termined; and if in such action Judgment be rem
dered for the defendant in attachment, the garn-
lshee shall be discharged and recover costs. If
the plaintiff shall recover against the defendant in
attachment, and the garnshee shall deliver up all
moneys and, credits of the defendant in
his possession, and pay all moneys from him due
as the court may ORDER the garnishee shall be dis
charged, and the costs of the proceedings against
him shall be paid out of the property and money
80 surrendered, or as the court may think right
an proper.