, 1854-07-01
.rCoNT1NUED. ]

ICONT1NUED.
Sec. 1855, If any plaintiff or other per-
son In his behalf, shall satisfy the court OF
Judge in the manner required in this act,
Of the existence Of any of the causes auth
oriIng an arrest in civil action against
any garnishee he may have an order for a
warrant Of arrest which shall be issued
and the same proceedings had thereon as in
ordinary cases Of arrests in civil actions.
Sec. 1855. Final judgment shall not be
rendered against garnishee until the ac-
ton against the defendant in attachment is
determined and il the plaintiff fails to
recover judgment either against the de-
iendant or the garnishee, the garnishee
shall be discharged and recover his costs
Sec. l57. The return of "ao PROPERTY
found" upon the writ of attachment, shall
not affect the proceedings against the gar
nishee.
Sec. 1853. If the plaintiff recover judg
neht against the defendant and the garni
shee deliver up to the sheriff, before judg.
nent against him, all the defendants goods
and chattels, or other effects in his posses
sion, subject to execution, or. sufficient
amount thereof TO satisfy the PLAINTIFF
Judgment or an inventory thereof, and pay
10 the sheriff or into court all moneys due
from him, or belonging TO the defendant OF
sufficient amount thereof to satisfy the
plaintiffs judgment, the costs in the pro.
ceeding against the garnishee shall be paid
BY the defendant but if the garnshee
shall not appear, or if appearing, shall re-
fuse truly to confess the matter alleged, and
on the trial the plaintiff shall recover judg-
ment against him, or If be admit that he
has moneys, credits or effects belonging to
the defendant in his hands, and shall refuse
to pay or deliver the same as above proyi.
ded, he shall pay costs.
Sec. l59. A garnishee in attachment
shall not be compelled in any case TO pay
pt perform any contract in any other man
ner, or at any other time, than he would be
bound to do for the defendant in attach,
ment.
Sec. l60. A garnishee may pay the
p moneys owing TO the defendant by him to
the sheriff, or into court, and shall be dis,
charged from liability to the defendant for
money so paid, not exceeding the PLAINTIFF
claim and not be liable for costs if paid
ct or before the first term after the writ OF
4otice is served upon tho garnishee, or as
soon as the same shall be due.
Sec l6l. A garhishee, or officer Of Q
corporation summoned as garnishee, at
any time after fifteen days from the service
of5the summons, may be examined in oper
2 court on oath, and If it be discovered OIL
such examination that at the time, or after
the service of the summons upon him, be oil
the corporation was possessed Of any prop
erty Of the defendant, or was indebted tc
him, the court may order the delivery ol
: such property, and the payment of any such
. Indebtedness into court, or the execution oi
bond by the garnishee with sufficient sure
ties, to be approved by the court, payable
p % the plaintiff, to the effect that The in
debtedness shall be paid, or the property
torthconing as the court shall direct.
Sec. l62. Any creditor of the defend
ant, upon filing his affidavit and bond, as
hereinbefore required Of the attachiRS 7@ed
non, may, at any time before the lAilsa al
lournment Of the suit, become party tC
ne action, file his complaint and prove his
claim or demand against the defendant, and
may have any person summoned as garnish'
es,or held to bail, who has not before been
summoned or held to bail, and PROFOUND in
,srrogatories to the garnishee, and enforce
ansNers thereto, in like manner as the cred
itor vho is plaintiff.
Sec 1888. A dismissal Of his action oil
proceedings in attachment by the first at
tachlng creditor, shall not operate as dis
nlasAl Of the action or proceedings Of any
: subsequent attaching creditor.
Bee. l64. Any defendant against whom
aWrit Of attachment has been issued may
after appearing to the actiou, move TO haze