The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-06-29

luueC IL. Aue TetuTu tiluSt SHOW tue prop.
erty attached, and the time it was attach
I'd. When garnishees are served, their
names and the time each was served must
be stated. The officer shall also return
order all undertakings given un.
der it.
81. An order Of attachment binds the
property attached from the time Of service,
and the garnishee shall stand liable to the
plaintiff in attachment 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 mentioned
in section thirty seven, but when property
is attached in the hands Of consignee or
other person having prior lien, his liens
thereon shall not be affected by the attach
ment.
52 Ifthe defendant, or other person
in his behalf, at any time before judgment,
cause an undertaking to be executed 10 the
plaintiff by one or more sureties resident
in the county, to be approved by the JUS
tice in double the amount Of the plaintiffs
claim to be stated in his affidavit, to the
effect, that the defendant shall perform the
judgment OF the justice, the attachment in
such action, shall be discharged, and res
titution made of any property taken under
it, or the proceeds thereof; such underta-
king shall also discharge the liability of a
garnishee in such action for any property
of the defendant in his hands.
So. II in any case where an order of
attachment has been issued by justice
of the peace. it shall appear from the re-
turn ofthe officer, and from the examina.
ton of the garnishee, that no property,
moneys, rights, credits or effects Of the de-
fendant has been taken under the attach.
ment. but that the defendant is the owner
of an interest in real estate in the county,
ding, shall, ,sat the request of the plaintiff.
forthwith certify his proceedings 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.
ARTICLE III.
BILL OF PARTICULARS.
: 50. In all cases before justice. the
plaintiff, his agent or attorney, shall file
with such justice bill Of the particulars oil
his demand, and the defendant, if required
by the plaintiff, his agent or attorney, shall
file like bill of the particulars he may
claim as setof'. and the evidence on the
trial shall be confined to the items set forth
in said bills.
; SIS. The bills ofpartculars must state
in plain and direct manner, the facts
con onstitu,ing the cause Of action, or the
claim to be set-off.
56. The bill of particulars may be
amended at any time before the trial or
during the trial, or upon appeal to supply
any deficiency, or omission in the items,
when by such amendment. substantial jus.
tice will be promoted. Ifthe amendmen;
be made at the time of, or during the trial,
and ii he made 10 appear to the satslac-
ton ofthe justice by oath, that an djourn-
ment is necessary to the adverse party in
consequence of such amendment, an ad-
! iournment must be granted. The justice
may also in his discretion, require as a
condition Of an amendment, the payment
of costs TO the adverse party, to be fixed
by the justice; but such payment cannot
be required, unless an adjournment is
made necessary by the amendment.
ARTICLE ".
CHANGE OF THE PLACE OF TRIAL.
: 81. If on the return OF process, or
/ at any time before trial shall have com.
menced, it shall be made satisfactorily to
appear to the justice of the peace before
whom any cause is instituted or is pending
for trial, by the affidavit Of either Of the
parties in the case:
l.. That such justice is material wit.
ness for either party or,
2. fla jury be demanded by the ad.
verse party, then that he cannot as he veri.
ly believes have fair and impartial uial
in such township, on account Of the bias
or prejudice of the citizens thereof.
SO. lfthe place OF the trial be changed
on account Of the justice being material
witness in the cause. such cause shall be
transferred for trial before some other jus
tice of the peace Of the same township, i
there be one there legally competent tc
try such cause if there be no such justice
within such township. or if such change be
granted on account fthe bias or prejudice
of the citizens of such township agains
such party, or because the adverse party
has an undue advantage over him therein
i the case shall be taken TO some Justice ir
an adjoining township Of the same county
SO. The justice granting such change
shall deliver or transmit the papers in tn,
cause, together with certified transcript
Of the proceedings before him, TO the jus
tice to whom such change may be grant
ed, who shall proceed therein, and hav'
the same jurisdiction, powers, and duties
in all respects whatever, as ifsuch suit hat
been originally Instituted before him.
60. Before any such change shall b.
allowed, the costs as specified in the mex
following section, shall be paid by the par
ty applying for such change. or he shall
have confessed judgment therefor befor
the justice granting the change.
81. When such change is at the in
stance Of the plaintiff, he shall be taxet
with all the costs which have accrued, ant
which shall accrue in the cause until sucl
transcript and papers shall be delivered t.
the justice to whom such cause is removed
for trial, and when on the application O
the defendant, he shall be taxed with tn
costs which have accrued for issuing sub
ppnas for witnesses and service thereof