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

and the money arising therefrom, with the amount
which may be recovered from the garnishee, shall
be applied to satisfy the Judgment and costs. Il
there be not enough to satisfy the same, che judg.
ment shall stand, and execution may issue there
on, for the residue, in all respects as in other
caees. Anyssufplus of the attached property, OF
its proceeds shall. be retn-aed to the defendant.
- Sec. a.. The Justice may order the constable
60 rePesesa himself for the purpose of selling it.
ofsany of the attached property, which may have
passed utaf his hands without having been sold
or converted into money; and the constable shall,
under such order, have the same power TO take
the property, as he would have under an order OF
attachment. sss
pa Sec. 4S. If any Of the property which has
been attached, be claimed by any person other
than the defendant, the claimant may have the
validity ofsuch claim tried, and such proceedings
must be had thereon, with like effect, in case
the property had been seized upon execution is-
sued by. the Justice and claimed by third person.
4 See. e49 Where several attachments are ex-
ecuted on the same property, or the same persons
are made garnishees, the Justice issuing the first
order served the motion of any the plaintiffs,
may determine the amounts and priorities of the
several attachments, and the proceeds shall be
applied accordingly. rs, sz.-.
Sec. SO. The officer shall return upon every
order of attachment what he has done under it.
The return must show the property attached, and
the time it was attached. When garnishees are
must be stated The officer shall also return
with the order all undertakings given under it.
Sec. 554.-An order of attachment binds the
property attached from the time of service, and
garnishee shall stand liable to thu plaintiff in at
tachment for all property, moneys and credits in
his hands, or due from him to the defendant from
the time he is served with the written notice men
toned in section thirty-seven, but when property
: is attached in the hands of a consignee or other
person having prior lien, his liens thereon shall
not be affected by the attachment.
Sec. SO. IF the defendant, other person in
his behalf, at any time before judgment, cause an
undertaking to be executed to the plaintiff by one
or more sureties resident in the county to be ap-
proved by the Justice in double the amount of the
plaintiffs claim to be stated in his affidavit to the
effect that the defendant shall perform the iudg-
ment of the Justice, the attachment in such ac-
ton, shall be discharged, and restitution made Of
any property taken under it, or the proceeds there
of; such undertaking shall also discharge the ia-
bility of garnishee in such action for any proper
ty of the defendant in his hands.
Sec. So. If in any case where an order of
attachment has been issued by Justice of the
Peace, it shall appear from the return of the off,
Ger, and from the examination of the garnishee,
that property, meneys rights, credits effects
of the defendant has been taken under the attach
ment, but that the defendant is the owner of an
interest in real estate in the county, the Justice
before whom said action is pending, shall at the
request of the plaintiff, forthwith certify his pro-
ceedings to the court of common pleas of the
proper county, and thereupon the clerk of said
court shall docket said cause, and the action shall
be proceeded with in said court in all respects as
if the same had originated therein.