The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-06-15
VOLUME XI. NO. "a.
LAWS OF OHIO.
Published By Authority. }

TNo. ll7.l AN ACT
To provide for the collection OF claims
against Rail Road Companies. i
Section ]. Be IL enacted BY ne General
Assembly Of The STATE Of OHIO. That ~hen
any person shall have obtained judgment
against any rail road company in any oil the
courts Of this State, upon any claim due 70
common laborers for work aud labor per-
formed for such company, or for cross-ties,
lumber or cordwood, furnished to such
company, TO be used in the construction,
repairing or operation of such road, or upon
any note or other evidence Of Indebtedness,
the consideration Of which consisted of such
labor, or materials furnished to said company,
the. plaintiff in such case, his agent, or at
torney, may Ale with the precipe for execu-
tion, iu such judgment, his affidavit setting
forth the nature of the claim upon which
said judgment is founded, showing that the
same is within the description of claims
herein enumerated, that he does not know
of any property of tho defendant liable to
lew and sale on such execution suthclont
to satisfy the same, and that any person or
corporation Ito be named within the jurls-
diction Of the officer to whom, according TO
the precpe, such execution is to issue,) is
indebted to the defendAut--has property
or claims of tho defendant in his possession.
or uDuer DIS CODLTOi, OF us hh hSout " N"O
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, tho
money, and deliver to such officer tho prop
erty and claims of the defendant in his pos
session or under the control, or which may
come into his possession, or under his con-
troll, at any time before tho satisfaction OF
such Judgment, not exceeding an amount
sufficient TO satisfy such judgment aud costs,
together with costs that may accrue
Sec. 2. The officer shall serve upon each
rarnishee named iI the notice, copy OF
tho execution and notice, and the person so
served shall be bound to the plaintiff in OK
ecution from the date of such service, for
all money, property and claims of tho de.
fendant, in his possession or under his con-
troll, or which may come into his possession
or under his control, at any time before
tho satisfaction of the judgment.
Sec. 3. At any time after service on the
Earnishee, as above provided, he may be re-
quired 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 ques'
tons as may be asked him, touching the
property of every description, moneys and
credits Of the defendant in his possession. OF
under his control, by q written notice signed
by the plaintiff, his agent of attorney, spcci'
flying the time and place of such ezamina
tion, which notice shall be served at least
one day before tho day fixed therein for the
examination such examination shall be re
duced to writing, signed by the garnshoe
certified by the officer before whom SAT-
examination is taken, aud filed with thi
papers in the case. The garnishee shall b'
entitled to the same fees for attendance al
are, by law, allowed to witnesses.
SEQ. 4. If the garnishee shall refuse II
appear, as required by the notice, upon proc
being made OF the due service thereof, or
attachment may be issued against him, or
If having appeared, he shall refuse to an
swer such questions as may be asked him
ss aforesaid, it shall be the duty Of the Off
Ger before whom such examination 10 being
had, to commit such garnishee to the jail
the county, until he shall answer such ques
tions, or be discharged, according to law.
Sec. 8. The garnshee shall pay over h
the officer all moneys ia his hands or unde
his control, or which may come into hi
hands or control, belonging to the defend
ant, not exceeding the amount of the judg
mont and costs, and shall deliver all proper
ty and claims of the defendant in his hands
or which may come into his hands, to th
officer, taking his receipt for such propert,
money or claims, which receipt shall DO
sufficient discharge of any liability thereto
and upon refusal by such garnshee TO pa
over or delivor, as aforesaid, the plainti
may commence an action therefor, in h
own name. ugainst the garnishee, and reco'
or the same with costs.
Sec. 6. The officer shall sell, as upo
execution, anA property of the dofenGar
so delivered III him, which would be lab
TO seizure and3sale upon execution, aud "a
the other PROPERTY no shall hold to abid
the order of the court.
SEQ. 7. Any assignment or transfer {
money, or claims, in the hands or under IT.
control of any agent of sucll railroad con
pany, made after the passage of this &C
shall bo void, as against judgment claimant
under the provisions of this act, as to IL
current receipts of such railroad compan
in the hands or under the control Of sue
agent, at the date Of the service of the M
tice Of garnishment, as herein provided,
which may afterwards, aud before the sat
faction Of such judgment, come into
hands.
SEQ. g. This act shall be In forco fro
and after it's passage, aud shall apply as WI
to claims and judgments OF the nature spe,
fed in tho first section of this act now OWN
rs those that may hereatt or accrue, or
recovered against railroad companies. Pr
vided, that the provisions of this act shr
not extend to claims for lumber or cross-ti
that may have boen heretofore furoishod
be used in the construction of any railroa
RICHARD @. PARSONS,
Speaker Of the House Of Representa- tiues.
ROBERTO. KIRK,
President Of the Senate.
Passed March 26, 1860.
TNo az | AN ACT