The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-03-26

AOiio q
N. H. VAN WORRIES,
Speaker of the House Of Representatives..
THOMAS II. FORD,
President OF the Senate.
Dated March 18th, 1856.
: AN ACT,
To amend the act entitled 0an act to establish
aCode of Civil Procedure" passed March II,
1883.
SncTioS l.. Be it enacted by the General is
sembly of the State Of Ohio, That section two
hundred of the eact TO establish 8 code of civil
procedure be SO amended as to be read as
follows:
SECTION 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 ma
med, has property of the defendant in his pos
session, .(describing the sarne,) if the officer
cannot get possession of such property, he
shall leave with such garnishee a copy of the
order of attachment, with such written notice
thai he appear in court and answer as provi-
ded in section two hundred and fourteen.
SEC. 2. II the garnishee shall not reside in
the county i'll which the order of attachment
thall be issued, the process shall be served by
the proper officer of the county in which the
garnishee shall reside, and the answer of the
GdTnfSuCt SHAH JIG iutQt OttOiG lBG WIN u VIC
court of common pleas of the county i'll which
the garnishee may reside, within the time re-
quircd for the filing of answers by ~garnishees.
ANY special examination 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 garnishec,
mnacr the provisions of section two hundred
and eighteen of this act, such suit shall be
drought in the county III which the g%arnishee
shall reside. The clerk of the court of COM
anon 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 dispositions
are required to be directed and transmitted,
and shall receive for his services such fees as
arc allowed by law for taking dispositions, and
to clerks for furnishing certificates, with their
seals of Office attached.
In all cases in which the garnishee shall adj
nit an indebtedness to the defendant, and the
court shall order the payment of the same, or
any part thereof, to the plaintiff, If the gar
nishee shall not pay the same according to
such order, execution may issue thereon as
upon judgments for the payment of money.
The service of process upon q sheriff, coro-
ner, constable, master commissioner, marshal
of an incorporated city or village, or other Off
Ger having any money, claim or other property
of the defendant in his possession, or in which
the defendant may have any interest, shall bind
the same from the time of such service, and
shall be a 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 defendant as by law, or the
terms of the process in his hands he would
otherwise be bound to do.
Original section two hundred of the act
aforesaid is hereby repealed.
N. a.. VAN WORRIES,
Speaker of the House Of representatives
THOMAS H. FORD,
March II, 1855. President Of the Senate.
-
AN ACT,
To amend the sixteenth section OF an act enti-
tied q an act relating to the organization OF
Courts of Justice and their poEers and du-
ties,' passed February 10, 1852.
SECTION i. Be ii enacted bu the General is
sembly of the State of Ohio, lat in every in
stance where q Judge of the court of common
picas is. or shall be. interested in the event OF
any cause, proceeding, motion or matter pend
ing before the said court, in any county Of his
district, or where there shall not Ea 4 Quorum
OF the judges of the district court of any dis
trict by reason of interest, on afAdavit of eithel
party to said cause, proceeding, motion or mat
..i pending, or his !. s counsel e. showing ,ho v ing the e. fac a.,