M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-03-27
AN ACT

mo. 26l AN ACT
To amend the act entitled can act to estab-
lish Code OF CiVii- Procedure" passed
March IL, 1853.
SECTION /, BE II enacted By the General
Assembly Of the Stale Of Ohio, That section
two hundred of the "act to establish code
of civil procedure" }" be SO ame.lded as to Rad
as follows:
SEC. 200. When the plaintiff, his agent
or attorney, shall make oath. in writing, that
he has good reason to, and does, believe that
any person or corporation, in said affidavit
named, has property of the defendant in his
possession, describing the same,) if the Of
ticer cannot get possession Of such property,
he shall leave with such garnlshee copy Of
the order of attachment, with such written
notice that he appear in court and answer as
provided in section two hundred and four
teen.
SEC. .. II the garnishee shall not reside
in the county in which the order OF attach
ment shall be issued, the process shall be
served by the proper officer of the county in
which the garnishee shall reside, and the an.
swer OF the garnishee shall be made before
the clerk OF the court of common pleas of
the county in which the gasnishee may re-
side, within the time required for the fling
OF answers by garnishees. Any special ex.
animation of such garnishee, which may be
ordered by the court, shall be in the county
IN which he may reside, and should suit be
brought against such garnishee, under the
provisions OF section two hundred and eigh-
teen OF this act, such suit shall be brought
in the county in which the garnishee shall
reside. The clerk of the court of common
pleas before whom the answer aforesaid
shall be made shall transmit the same to the
clerk OF the court in which the suit shall
be commenced, in the same manner as dep
osltlons are required to be directed and trans
mltted, and shall receive for his services
such fees as are allowed by law for taking
depositions, and to clerks for furnishing Ger.
tlticates, with their seals of office attached.
In all cases in which the garnishee shall
admit an indebtedness to the defendant. and
the court shall order the payment of the
same, or any part thereof, to the plaintiff, if
the garnlshee shall not pay the same accord
ing to such order, execution may issue there
on as upon judgments for the payment of
money.
The service Of process upon sheriff, cor
oner, constable, master commissioner, marshal
OF an incorporated city or village, or other
othcer having any money, claim or other
property of the defendant in his possession,
or in which the defendant inay have any in.
terest, shall bind the same from the time of
such service, and shall be legal excuse to
such officers to the extent of the demand of
the plaintiff, for not paying such money or
delivering such claim or property TO the de-
fendant as by law, or the terms of the pro-
cess in his hands he would otherwise be
bound to do.
Original section two hundred of the act
aforesaid is hereby repealed. e
N. H, VAN WORRIES,
Speaker Of the House of Representatives.
THOMAS II, FORD,
President of the Senate.
March II, 1856.
mo. 81 ANACT
10 amend the sixteenth section of an act en-.
titled "an act relating to the organization
OF Courts of Justice and their powers and
duties" passed February 10, 1859.
SECTION |. BE ii enacted By the General
Assembly Of The Stale of Ohio, That in ev-
cry instance where Judge of the court of
common pleas is, or shall be, interested in
the event of any cause, proceeding, motion
or matter pending before the said court, in
any county of his district, or where there
shall not be quorum of the Judges of the
district court Of any district by reason Of
interest, on affidavit of either party to said
cause, proceeding, motionor matter pending,
or his counsel, showing the fact of such in
terest, it shall be the duty of the clerk of
said court, to enter upon the docket thereof,
an order directing that the papers and all |
matters belonging to said cause, motion,
proceeding, or matters pending in which
said Judge of the court of common Meas. or
OF said district court is interested, shall be
transmitted to the clerk of the court of
county of one of the adjoining districts; or
II both parties consent thereto to the clerk
OF county OF another subdivision of the |
same district and when copy of said dock
ct entry, together with all the fles belong
ing TO said cause, notion, proceeding, or
matter pending, shall be fled with the clerk
OF the court to whom the same NAV be trans.
mtted, said clerk shall docket said cause.
motion, proceeding, or matter pending, and
thereupon the same shall proceed to final
Judgment or determination, in all respects,
as thoughthe same had been originally COM
menced in said court last mentioned
SEQ. 2. That the sixteenth section of
the act "relating to the organization of
courts OF justice, and their power and du-
ties,' passed February nineteenth, one thou.
sand eight hundred and fifty-two, be and the
same is hereby repealed.
~ N. H. VAN WORRIES,
Speaker Of the House of Representatives.
THOMAS II. FORD,
President Of the Senate.
March 18th, 1856.
SEcRETARY OF STATES OrrrcEl
COLUMBUS Mar. 10, 1856.
thereby certify that the foregoing acts are
correctly copied from the original rolls on
file in this Office.
JAMES H. BAKER,
a Secretary of State.
AUDITORS Office,
ViETos Co., O., March "a, 1856.
] certify that the foregoing laws are cor
rectly copied from the copy certified to byl
tho Secretary Of State. a ~
JOEL A. WALDEN,
Deputy Auditor Of Vinton 90. d