Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1860-05-10
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
No. III AN ACT
To provide for the collection of claims
against Rail Road Companies.

SECTION l. Be it enacted By the Gener,
al assembly Of the State of Ohio, That
when any person shall have obtained judgment
against any rail road company in any of the courts
| of this state. upon any claim due to common la
borers for work and labor performed for such
company, or for cross-ties, lumber or cord wood
furnished to such company, to be used in the con-
structon, repairing or operation of such road, or
upon any note or other evidence of Indebtedness,
the consideration of which consisted of such la
Dor, or materials, furnished to said company, the
plaintiff in such case, his agent, or attorney, may
nile with the precipe for execution, in such judg-
ment, his affidavit setting forth the nature of the
claim upon which said Judgment is founded,
showing that the same within the description OF
claims herein enumerated, that he does not know
of any property of the defendant liable to levy and
sale on such execution sufficient to satisfy the
| same, and that any person or corporation to be
named within the Jurisdiction of officers to whom,
according to the precipe, such execution is to
issue,) is indebted to the defendant-has property
or claims of the defendant in his possession, or
under his control, or agent of the defendant,
whereupon the clerk shall issue with the execution
notice to each person or corporation named, that
he is required to pay over to the officer holding
such writ, the money, and deliver to such officer
the property and claims the defendant in his pos
session or under his control, or which may come
into his possession, at any time before the salts
faction of such judgment, not exceeding al amount
sufficient to satisfy such judgement and COSTS to-
gether with costs that may accrue.
Sec. 2. The officer shall serve upon each
garnishee named in the notice, copy of the ex-
ecution and notice, and the person so served shall
be bound to the plaintiff in execution from the
date of such service, for all money property and
claims of the defendant, in his possession or un-
der his control, or which may come into his pos
ession or under his control, at any time before the
satisfaction of the judgement.
Sec. 3. At any time after the service on the
garnishee. as above provided, he may be required
to appear before any officer within his township,
competent to administer oaths or before the clerk
of the court of common pleas of his county, and
answer such questions as may be asked him,
touching the property of every description, moneys
and credits of the defendant in his possession or
unner his control, by ritten notice signed by the
plaintiff, his agent or attorney, specifying the time
andplace of such examination, which notice shall be
served at least one day before the day fixed therein
for the examination; such examination shall be
reduced to writing signed by the garnishee, certi
tilted by the officer before whom said examination
is taken, and filed with the papers in the case
The garnishee shall be entitled to the same fees
for attendance as are, by law, allowed to wit
neSSeS.
See. 4. Ifthe garnishee shall refuse to appear,
as required by the notice, upon proof being made
of the due service thereof, an attachment may be
issued against him, or, if having appeared, he
shall refuse to answer such questions as may be
asked him, as aforesaid it shall be the duty of
the officer before whom such examination is be-
ing had, to commit such garnishee to the jail of
the county, until he shall answer such questions,
or be discharged, according to law.
Sec. 5. The garnishee shall pay over to the
officer all moneys in his hands under his CONTROL
or which may come into his hands or control, be-
longing to the defendant, not exceeding the
amount of the Judgment and costs; and shall
deliver all property and claims of the defendant
in his hands, or which may come into his hands,
to the officer taking his receipt for such property,
money or claims, which receipt shall be sufficient
discharge of any liability therefor, and upon re-
fusial by such garnishee to pay over or deliver,
aforesaid, the plaintiff may commence an action
therefor, in his own name against the garnishee,
and recover the same with costs.
Sec. 6. The officer shall sell, az upon execu-
ton, any property of the defendant SO delivered to
him, which would be liable to seizure and sale
upon execution, and all other propersy he shall
hold to abide the order of the court.
Sec. 7. Any assignment or transfer of money,
or claims, in the hands under the contorl of any
agent of such rail road company, made after the
passage of this act, shall be void, against udg
ment claimants, under the provision of this act,
as to the currentreceipts of such railroad company,
in the hands or under the control of such agent,
at the date of the service of the notice of gar
as herein provided, or which may af
forwards, and before the satisfaction of such udg
ment, come into his hands,
Sec 8. This act shall be in force from and after
its passage, and shall apply as well to claims and
judgments of the nature specified in the first Sec
ion of this act now owing,as those that may here
afer accrue, or be recovered against rail road com
oanies. Provided, that the provisions of this act
hat may have been heretofore furnished to be
lsed in the construction of any rail road.
RICHARD G. PARSONS,
Speaker of the House of Representatives.
ROBERT G.. KIRK,
President of the Senate.
Passed March 26, 1860.