, 1854-07-08
OLYMPIA WASHINGTON TERRITORY SATURDAY, JULY s. 1854

cernlng his property, and his answers re-
duced to writing, aud filed with the clerk
of the court by whom the execution was
issued. Either party may also examine
witnesses in his behalf, and if during such
examination any property, rights or credits
Of such judgment debtor, not exempt by
law, be discovered, they may be levied up
on by execution.
See. 275. After the issuing Of execu,
ton against property, any person indebted
to the Judgment debtor may pay to the
sheriff the amount Of bis debt. or so much
thereof as may be necessary to satisfy the
execution and the sheriff's receipt shall be
a sufficient discharge for the amount So
paid.
Sec. 276. After the issuing or return
Of an execution against property Of a judg-
ment debtor, or of any one Of several debt
ors in the same judgment, and upon an afii-
dayit that any person or corporation has
property Of such judgment debtor, or is in
debted to him in an amount exceeding
twenty-five dollars, the district court, or
any judge thereof, may by an order require
such person or corporation, or any officer
or member thereof, to appear at . specified
time aud place before such court or Judge,
and answer concerning the same. If he
fore q referee, the examination shall be ta-
ken by the referee an6 certified TO he
court or Judge. The court or judce may
also, in their discretion, require notice of
such proceeding to be given to any party
to the action, in such manner as may seem
to him proper.
Sec. 277. At any time after tho ma
making Of such order, the Judgment credi-
tor may exhibit written allegations and
interrogatorics touching the property,
stock, or credits Of the judgment debtor in
the possession Of, or held by such person
or corporation as garnishee, or debts owing
to the judgment debtor by him or it, and
such garnishee shall be required to make
full, direct and true answers to the same,
on oath.
Sec. 27s. On the day when the garni-
shee shall be required to attend before the
court, judge or referee, he shall exhibit on
oath his answer to the allegations and in
terrogatOries Of the judgment creditor, I'M
less for canSe shown a further time shall be
allowed in default of such answer, the
judgment creditor may take judgment by
default against him at the next term
thereafter, or the court or judge may pun
ish him as for contempt.
Sec, 279. Such judgment 10y default
may be proceeded on to final judgment in
like manner as action against defendants,
but no final Judgment shall be rendered
against the garnshee for a greater amount
than that specified in the execution.
Sec. $50. The judgment creditor may
except to the answer Of any garnshee for
insuficiency, and ifthe same shall be judg-
ed insufficient, the court or judge may allow
the garnishee TO amend his answer in such
time, and upon such terms as shall be Just,
or the judgment creditor may take judg-
ment by default, or move the court or Judge
to attach the body of the garnishcc to
compel a sufficient answer
Sec. PSI. The judgment creditor may
deny the answer Of the garnishee in whole
or in part, and the issue shall be tried as
ordinary issues between plaintiff and de-
fendant. II the answer Of the garnishee
be not excepted TO, or denied in such time
as the court or judge may deem proper
it shall be taken to be true and sufficient.
Sec 2S2 If by the answer not except
ed TO or denied, or if upon trial it shall ap-
pear that the garnishec is possessed of
property or effects of the judgment debtor,
or is indebted to him, the value of such
property or effects, or of the debt, being
ascertained, judgment may be rendered
against the garnishee for the proper amount
in money, but If such debt be not yet due,
execution shall not be awarded against the
garnishee until it becomes due; and in such
cases the court may make him reasonable
allowance for his tronble in answering, to be
paid out of the fund in his hands.
Sec. 2S3. Whenever any property,
effects, money or debts belonging or owing
to the Judgment debtor shall be confessed
or found by the court, Judge or referee or
jury, to be in possession of the garnishee,
he may at any time before final Judgment,
discharge himself by delivering the same to
the sheriff.
Sec. 2s4. The judgment debtor or
claimant may be required to attend before
the court, judge or jury, for the purpose Of
giving any necessary information respecting
property or effects alleged to be in the pos
session Of the garnishee, and may be there
upon examined on oath concerning the
same.
Sec 2s5. In all cases Of controversy
between the judgment creditor and rarnish-
ee, the parties may be adJudged to nay or
recover costs as in ordinary cases between
plaintiff and defendant.
Sec. 2s6. Execution may be issued to
COLLECT any judgment rendered against a
garnishee, as in ordinary cases Of judgment
against defendants.
Sec. 2S7. The earnings of a Judgment
debtor for personal services, at any time
within sixty days next preceding the judg-
ment against garnisbee, shall not be in