The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-04-16

- -s--s--- - -
e,sr Aid iorrign executor ard adminisra
~ De Sauis . Il nrrOihtrd By the laws
o this S,Aie.
SEC. g Ary etuH in this State having
chADceiy powers may pei any foreign
administrator or executor. residing in .his
Slaie. or having assets or properly 10 the
same. 10 account at the suit OF any brir,
diSiribulee or legatee, who arr residents 10
this Stale, aud may make distribution e
tlre amount found infhis hands % the se-
spectiye heirs distributes or lagatres ac
cordiog to UAs law Of this State granting
said letters; and when iheie are suits pen
ding, or any unsculed demands against
said estate. the court may require
rsipndiag bound .io be gwen, TO said
cfecntof u sdniDiStrdor by the heirs,
distributes or legattes entitled thereto in
case the amonht paid shall be needed ior
he purpose Of paying debts of said es-
,1,sstefa So sassie -Fa
seser3 when any foreign administrator
~ ottkecatof has wasted, misapplied or
converted any Of the assets Of said estate,
of ~ ihsushcitnt property 70 discharge
his Iiabilily on seceanC OF said trust. or
his saretIes may be irresponsible, any dis
triU0fee, beir Or iegaJee, may COMPEL him
in any court having chaneery powers. to
secute the amount that may be respect
lively due TO them as aforesaid, and any
Of his sarities may require indemnify on.
account Of their liability rs BAH, and the
several rTovisional remedies and proceed
i2gzaof the code of civil. Ifoceddre Shall
apply. 70 lhe PEI son, and property Of said
administrator Or executor, and said court
shail have lfull power and 'adthotity TO
TdSkc any Utdrr or decree teaching his
property and effects, or the assets Of said
estate, Necessary for the safety and secu
NV of dose afn9eterested Mer,in.
Sec. &. That this act shall lake. effect
. ana be in force from and after its passage
md shAil apply to any suits now pending
al cae Of the con~ts Of dis State.
~ @sa N III VAN WORRIES.
s;pesker ct the House Of Representatives,
ssss THOMAS Fl. FORD. -
k@ President Of lht Senate.
sHa.ed March 5it.s 1865.
fNc. rs ssS ea AN aeT r. s..''as
10 amend the act entitled can act 10 rsiab-
Nst 4 Code Of civil Procedure" /" passed
March II, 1858.
EfcTIoE l. Be it enacted by the Gener
al Assembly Of the State OF Ohio, That
lection two hundred of he act to estab
lish code Of civil procedur /" be so amen
ded as te read as follows:
see goo. Wien the Plaintiff. his agent,
or attorne7, shall make cath, in writing,
tgat ne lias good reason to and does, believe
5hat any person u corporation, in said aifi-
dsvN named, has property Of he defendant
iEIifs pss$t ssiop, describing the samt J il
the officer cannoA get possession of such
property, he shaikleayt with such garnishee
copy of he order Of attachment, with
sHc6 wffugri notice ttlat he appear in court
apd ansmer as provided in secnon two hun,
died and fourteen. =
See. e Ifte garnishee shassss not reside in
the coahty in which tie order Of attachment
shall be issued, the procsss Shall be served
hy the proper officer OF the county in which
lhg garnishee shall reside, and the answer
ofahe garnishce shah be made before the
rttfB of lie court %of common pleas Of the
county in which the garnishee may reside,
within Ale 6tne II quifed for the fling Of an.
swtrs by gsilishecs. Any special exami-
nation Of s,ich garnishee, which may be Or
Gered by the court, shall be in the county
in Khich he may lesede, and should suit Je
brought against such garnishee, under a,e
provisions OF section two hundred and eigh
L9en Of this acl. such suit shall be brought
mi the county in which the garnisllee shall
itSiie. Thc CLERK of Tie cGart Of common
pleas before. whom. The answer aforesaid
s4alI be made shall transmit the same TO
the clerk Of .tlle court in which the suit
shxA be efsnmt need, il The sane manner
as deposilions are required to be directed
and transmitted. and shall receive for his
service such fees as are allowed by law fer
taking depnsitions. and 10 clerks for furnish
ing certificates, with he seals OF office at
igcbed.
In all cases inwhieh tlle garnishee shall
admit an indebtnets TO the defendant, and
the court shall order the payment Of the
came. Or any part thereof. % the plaintiff, if
ahe garni.hee shall not pay the same accpr-
ding 10 such order, execution may issue
Ahereon as upon judgments for the payment
of money.
The eser,ice oi process upon a sheriff.
coroner, constable. master commissioner,
inarahal Of an Incorporated city or village,
- o'hei officer having any money aim or
,other propeny ofthe defendant,in HE pos.
session. or iIsvwhih ahe defendant may have
any inieftss, shall bind the same from The
nime 0l such service. and shall be legal
excuse 10 such officers to the extent Of The
demand 81 plaintiff, lor not paving such
money on delivering such claim or property
ioshs defendant as BY Jaw. or the terms oi
tue process in bis hands he would otherwise
be bound To DO,
Original section two hundred OF the act
aiprseaid is hereby repealed.
.s IS. N h. VAN WORRIES.
S;Feaher oi the House, Of Representatives.
III ~. THOMAS n. FORD,
MI H President Of the Senate.
Marcia lTlbs 1905.
fHo. all a.. AN ACT,