Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-05-10
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
mo. III AN ACT
To provide for the collection Of claims
against Rail Road COMPANIES.

ANO. - hN AZ
To provide for the collection Of claims
against Rail Road Companies.
SECTION |. Bsu enacted 5y Tie Geney.
al 1SsemJiy Of tie State of Ohio, Tha,
when any person shall have obtained Judgment
against any rail ROAD company in any of the courts
Of this state. upon any claim due 10 common la.
borers for work aud labor performed for such
company, or for crOss-iics, lumber or cord wood.
furnished to such company, 10 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
bor or materials, furnished TO said COMPANY, the
plaintiff in such case, his agent or attorney, NAV
fe with the precpe for execution, in such iudg-
ment, his affidavit ss.tiBg 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 nJf know
of any property Of the defendant liable to ley 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 10 to
issue,) is indebted to the defcndant-has property
or claims of the defendant in his possession. or
under his control, or an agent Of the defendant
whereupon the clerk shall issue with the executan
a notice to each person or corporation named tn.
he is required to pay over 10 the officer holding
such writ the money, and deliver to such Officer
the property and claims the defendant in his Dos
session or under his control, Or which may come
into his possession, at any time before the salts
faction OF such judgment, not exceeding an 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, a copy of the ex
ecuton and notice, and the person so served shall
be bound TO the plaintiff in execution from the
u a,f. .,,1,go
claims Of the defendant in his possession or un.
der his control, or which may come into his pos.
esson or under his control, at any time before tile
satisfaction of the Judgement
Sec. 3. At any time after the service on the
garnishee, as above provided, lie 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 ms NAV be asked him,
touching the property ofevery 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, specf ling the time
aud,place of such, h,examnation, which notice shall be
served at leastone day before the day fixed therein
for the examination; such examination shall be
reduced to writing, signed by the garnishee, certi
titled by the officer before whom said examination
is taken, and filed with the papers in the CASE
The garnshee shall be entitled to the same fees
for attendance as are, by law, allowed to wit
nesses.
See. 4. Ifthe garnsnee shall refuse to appear,
as required by the notice. upon proof being made
of the due service thereof, an attachment may be
issued against bin, 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 garishce to the Jail of
the county, until he shall answer such questions,
or be discharged, according to law.
Sec. 5. The garnshee shall pay over to the
officer all moneys in his hands or 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-
tusa by such galnshee to pay over or deliver, as
aforesaid, the plaintiff may commence IN action
therefor, in his own name against the garnishee,
and recover tue same with costs.
Sec. 6. The officer shall sell. rs upon execu- ,
ton, any property of the defendant 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 or under the contorl of any
agent Of such rail road company made after the .
ment claimants, under the provision of this act
as to the enreceipts 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
nshment, as herein provided, or which may af- |
terwars, and before the satisfaction Of such judg-
ment, come into his hands
Sec. s. This act shall be in force from and after
its passage, and shall apply as we'll to claims and
judgments Of the nature specified in the first sec
ton of this act now owng,As those that may here |
after accrue, be recovered against rail road COM
panies. Provided, that the provisions of this act
shall not extend to claims for lumber or crosstes
that may have been heretofore furnished to be
used in the construction of any rail road
RICHARD c. PARSONS,
Speaker OF the House of Representatives.
ROBERT G. KIRK,
President of the Seuate.
Passed March 90, 1860.