The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14


/ Fec. 50 The order Of attachment
may be made to accompany the summons
or at any time afterwards, before Judge
mcnt; it shall be addressed and delivered
to any constable OF the proper township,
and shall require him to attach the goods,
!, chattles, stocks, Or interests in stocks,
rights. credits, moneys and effects of the
defendant in his county, not exempt by
I. law from being applied to She payment Of
tie plaintiff S claim, or 50 much thereof
as viii satisfy the plaintiffs claim, to be
stated in the the order as in the affidavit
and Tie probably costs of the action, not
j exceeding fifty dollars.
I See. 81, The return day of the order
of attachment, when issued at the COM
mcncemcnt of the action, Shall be the
~same as that of the summons; when is
sued afterwards. it shall be executed and
returned forthwith,
Sec. 80. When there are several or
dcrs Of attachment against the same de-
fendant, in the hands Of the same officer
they shall be executed in tie order in
which they were received by said officer;
he shall 90 to the place where the defend
ants property may befound, and there in
the presence OF two credible persons, de-
clare that by virtue of said order, lie at
taches said proper at the suit Of such
plaintiff, and the officer, with two house
holders Of the county, who shall be first
sworn or affirmed by the officer, shall
make a true inventory and appraisement
of all property attached, which shall be
signed by the officer and said eouschold-
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 33. The constable shall deliver
the property attached to the person in
whose possession it was found, upon the
execution by such person, in the presence
Of the constable, an undertaking of the
plaintiff, with one or more sufficient sure
ties resident in the county, to the effect
I that the parties to the same are bound in
double the appraised value thereof, that
the property or Its appraised yalue in
money shall be forthcoming to answer the
| iudmmCnt of the court in the action; but if
it shall appear to the court that any part
of said properly las been lost or destroy
ed by unavoidable accident, the value
thereof shall be 1emitted to the person or
persons so bound.
Sec. 81 Different attachments Of the
same propermay be made, and one inven-
! tory and appraisement shall be sufficient.
! TIE lien Of the attachments shall be in
the order in which they are served, and
the subsequent attachments shall deserved
on the property as in the hands of the Of
ticer, and ubiect to the prior attachments.
The Justice who issued the attachment
having the priority Of lien, shall deter
mine all questions as to the priority Of
liens on the property attached.
See 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
manner for the service of 2 summons, if
TIE same can be done within the county,
and vixen any property Of the defendant
has been take n under the order of attach
ment, and it shall appear that tie sum-
mons issued in TIE action has not been,
and cannot be served on the defendant in
the county, in the manner prescribed by
law, the Justice of the Peace shall con-
tinue the cause for a period rot less
kthan forty nor more than sixty days.
Whcreupon the plainti.@ shall proceed for
Three consecutive weeks to publish In some
newspaper printed in the county, Or if none
be printed therein, then in some newspa-
per of general circulation in said county,
2 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 pub
lication to the Justice, and thereupon said
action shall be proceeded with the same
as if said summons had been duly served.
SEC 36. When the cause is continued
as provided for in the preceding section,
and it shall appear that any Of the prop
erty taken under the attachment is live
stock. Or is of a perishable nature, the
Justice may issue his order directing the
officer having the custody thereof, to dis
pose 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 tie sale of the
property attached is applied.
SEc. 81. When the plaintiff, his agent
or attorney, shall make oath in writing,
that he has good reason to, and does be-
lleve, that any person or corporation, to
be named and within the county where
the action is brought, has property Of the
defendant describing the same in his
possession, if the officer cannot come at
!, such property, lie shall leave with such
garnishee, a copy Of the order Of attach
ment, with a written notice, that he ap-
pear before the Justice, at the return of
the order of attachments, and answer, as
provided in section thirty-nine.
!. Sec. 59. 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 a corpora
ton. they shall be, left with the president,
or other head of the same, or the secre-
tary; cashier or managing agent thereof.
Sec. 80. The garnishee shall appear
before the Justice in accordance with the
command of the notice, and shall answer,
under oath. all questions put to him touch
ing the property OF every description and
aredits Of the defendant, IN his possession
or under his control, and he shall dis
oIoco trr1,- tba amount Ouincr bv hin, to