Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-04-03
T. A w S OF OHIO,
PUBLISHED by AUTHORITY.
mo- 25l AN ACT.

o. IL
To amend the ac etitled ian act to establish Code
of Civil Procedure" passed March IL, 1883
Sec |. Be it enacted by the General Assembly
of the State of Ohio, That section two hundred OF
the "act to establish code OF civil procedure, be
SO amended to read as follows:
Sec. 300 When the plaintiff, his agent or attor.
ney, shall make oath, in writing, thai lie mao good
reason to and does, believe that any person or COR
poraon, in said affidavit named, has property OF
the defendant in his possession, describing the
same0 if the officer cannot get possession OF such
property, he shall leave with such garnlshee copy
OF the order OF attachment, with such written nouce
that he appear in court and answer vs. pro'iueu Ill
section two hundred and fourteen ,
Sec. 2. If the garnlshee shall not reside IN the
county which the order OF attachment shall be Is
sued the process shall he served by the proper oi,
Ger oithe county in which the garnlshee snail resue
and the answer oi the garnishee shall be made be-
fore the clerk of the court OF common pleas OF the
county in which the garnshee may reside, within
the iime required or the hing OF answers ny gar
nishees. ANY special examination OF such garnl-
shee, which may be ordered by the court, shall pc
in the county in which he may reside, and should
suit be brought against such garnlshee, under the
provisions OF sect IN two hundred and eignteen 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 ,he answer
aforesaid shall be made shall transmit the sahe 10
the clerk OF the court in which the suit shall be COM
menced, in the same manner as depositlons are re-
quired to be directed and transmitted and snail re-
ceive for his services such fees as are allowed Dy
ing certificates with their seals Of office attached
In all cases in which the garnishee shall admit
an Indebtedness to the deiendant,and the cour' snhii
order the payment OF the same OF any part uleteoi,
to the plaintiff it the ganishee shall not pay the
same according to such order, execution may issue
thereon as upon Judgments for the payment OF mon
ey l,G ..,,o
constable master commissioner, marshal OF an in
corporated city or village, or othe. ohcer having
any money claim or other property oi the DEFENDANT
In his possession or in which the aelendanr ant may
time of such service and shall be legal excuse TO
such officers to the extent OF the demand OF ne pa
intiff Tor paying such money or deiyerlhg such
claim or property to the defendant US by law, or the
terms of the process in his hands he would other
wise be bound to do.
Original section Two hundred Of the act aforesaid |
40 ''''' N. H. VAN WORRIES,
Speaker of the House of Representatives
THOMAS fl. FORD,
President OF the Senate.
Dated March 17th, 1853.
tho. 27.l AN ACT,
To amend the sixteenth section OF an act enltled
''an act relating to the organization OF Courts OF
Justice ,and their powers and duues," pasSeu
February ~, 1907.
SEC. l. Be it enacted by the General Assembly
OF the State OF Ohio, That in every instance waere
Judge OF the court OF common pleas is, lor shai pe
interested in the event OF any cause, proceeuing'
motion or matter pending before the said court, IN
any county OF his district, where there snail not
be quorum OF the judges OF the district court OF
any district by reason OF Interest," on aHluaVu Vi
either party to said ause, proceeding mouon OF
matter pending, or his counsel, showing the iact OF
such interest shall be the duty OF the CLERK OF saiu
court 10 enter upon the docket thereof, an efder
directing that .he papers and all matters belonging
TO said cause, motion proceeding, or matters pend
ing in which said Judge OF the courto common pleas
or of said district court is interested, shall De Trans:
mi,ed to the clerk oi the court oil county o! oneoi
the adjoining districts; or it both parties consent
thereto to the clerk of county OF another s9oal,
vision of the same district and when ecpy Of snlu
docket entry, together with all the files belonging
70 said cause motion proceeding, or matter penang
shall be filed with the clerk OF the court TO whom
the same may be transmitted, said clerk ishaii uocN
OF said cause notion proceeding, or matter pendlng
and thereupon the same shall proceed to maj juug
ment or determination, i'll all respects, as thougn
the same had been originally commenced In saia
court last mentioned c,,,,,
Sec O. That the sixteenth section ofthe ac' ''relat-
ing TO the organization oc Justice an 'heir
power and duties" passed February nineteenth, one
thousan eight hundred aud hity.two, be ana the
same is hereby repealed >, x,opupc
Speaker of the House OF Representatives,
THOS. Ii. FORD,
President OF the Senate