The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-05-02

Speaker Of the House Of Represenuvas.
R0BEhT O KIRK
Passed Mo:ch 29, I:G). President Of he Senate,
[No H. AN ACT
To proyid for the collection Of claims against Rail Road
Companies.
SECTION l. BE it enacted By tie General assembly Gf
tie Gt1e Of Od0, That when person shall have oh
tanned judgment against any rail road company in any
OF the OF tins state upon any claim due to
laboers for work and labor performed for any such
company or for crosltes; lumber cord wood furnish
ed to such company TO he used in the coIetrucOn,
pairing operation of such road, orupon any note
other evdeace Of Indebtedness the consideration Of
which consisted of such labor, materials furnished to
said company, the plaintiff in such case, MS agent,
attorney file with the precipe for execution in such
judi ment his affidavit setting forth the mature Of the
claim upon which said judgment is founded, showing
that the is within the description OF claims herein
enumerated that he does not know Of any property of
the defendant liable to levy and sale such execution
sufficient to satisfy the same, and that any person
corporation Ito be named within the Jurisdiction of the
officer 10 whom according to the precpe, such execution
is to issue, siCdeb.ed TO the defendant-has property
claims OF the defendant 10 his possession under his
CONTROL Ggcut OF the defendant, whereupon the
clerk shall issue with the execution notice to each per-
corporation named. that he ia required TO pay
to the officer holding such writ the money. aud de
liver to such officer the property and claims of the de-
fndapt in his possession under his control, which
may into his possession. under his contro ut
any time bef the satisfac ion OF such judgment not
exceeding amount sufficient to satisfy such judgment
and costs. together with costs that may
SIC. Q. The officer shall upon each garnishee
named in The notice. copy of the execution and notice
and the person served shall be bound to the plaintiff
la execution from the date of such service for all money
property and claims of The defendant in his possession,
under his control, which may come into his pos.
session under his CONTROL at any time before the sat
isfaGiiOn Of the Judgment.
SEC g. At any time after service the garnshee, as
above provided he may be required appear before any
ofcer within his township, competent to administer
oah,, or before the clerk of the of pleas
OF HE 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,
under his contro by written notice signed by the
plaintiff his agent attorney, specifying the time and
place of such examination which notice shall be served
least Jay before the day fixed therein for the
animation; such examination shall be reduced to wri-
ting signed by the garni5hee, certified by the officer be
fore whom said examination is taken and flied with the
papers in the case The ganshee shall be entitled to
the same fees for attendance as are, by law, Above to
witnesses,
SEC. a. If the garnishee shall refuse to appear
quired by the notice. upon proof being made Of the due
service thereof attachment may be issued against
him. or if having appeared, he shall refuse to answer
| such questions as may he asked him aforesaid, il
shall be the duty of the officer before whom such eXamn
alton Is being had, to commit sucn ginhee to the ja
of the county, until he shall such questions,
| 10 discharged, according TO Law.
SEC. 5. The garnishee shall pay over to the officer al
moneys in his hands under his control, or which
may lcome into his hands control, belonging to the
defendant, not exceeding the amount Of the judgmen
and costs, and shall deliver all property and claims
the defendant 10 his hands or which may cOlne into his
hands, the officer taking his reception such property
charge Of any liability therefor and upon refusal By
such garnshee to pay or deliver, as Aforesaid ht
plaintiff may commence an action therefor in his oFT
name against the gansheo, and recover the same viii
| costs
SEC 6. The officer shall sell, as upon execution, IN!
prouerty Of the defendant 20 delivered to him. Yhic
woud liable to seizure and sale upon execution, am
all the other property he shall hold to abide Tie order
| the court.
| SEC Z. ANY assignment transfer Of money, o
claims in tire hands under the control Of any agent
such ra road Company after the passage of this act
shall bs void, against judgment clamans, under th
provisions Of this act, as to the current receipts OF sue
railroad company, in the hands under the control
such agent tine date Of the service the notice Of gar
n!shment as herein provided, or viii may afterwards
and before the satisfaction OF Such Judgments coEe lt
his habds.
SEC 8. This act shall he in force from and after il
passage, and shall apply as well to claims and Judgment
of the nature specified in the first section of this act
owing those that may hereafter accrue, or be recoye
ed against railroad companiss Provided that the pro
visl1ns Of this shall not extend to claims for lumhe
or ties may have been heretofore furnished
I've Lsei In the construction OF any railroad.
RICHARD @. PARSONS,
Speaker Of the House of Representatives.
ROBERT C. hIHE,
Passed March 2G, 1860. President of the Senate.
mo-. Sal AN ACT
To amend an act entitled ian act regula ing the mode
administering Assignments in trust for the benefit
Creditors" passed April u, le5s.
SECTION l. Bot enacted By the General ASScmdy
tie State Of OHIO, That section one Of an act entitie
san act regulating the mode Of administering assigl
euts trust for the benefit of credtors be so aent
ed as to read follows: Section J. That when any pc
sor shall make assignment to trustee of any nro
erty money rights credits in trust for the benefit
creditors, it shall be the duty Of said trusee with
ten days after the delivery Of the assignment to hin
and before dsDosng of any property assigned to Al
near before the probate judge of the county in which Il
assignor resided at the time Of executing the said assg
ent, produce the original assignment, or copy ther
Of cause tie to be filed in the probate court AZ
enter into m undertaking payable to the State of oh
in such aLl with such eurees a shall be approve
by the Judge, conditioned for the faithful pefforman
BY said trustee, Of his duties according to law on wt
' undertaking. any person injured by the misconduct
neglect of duty Of the assignee in regard 10 said trus
n may bring action thereon in his own name, agap
n the assignee his sureties TO the amount
n which he may be- entitled by reason Of the detnquerc
. A Judgment in favor of party for one Delinquent
Il shall not preclude the same party from an action in
same undertaking for another delinquency, nor shs
such judgments preclude any other party from brng
Il actions such undertaking. The probate judge sh
have the power to require the assignee to execute
| additional undertaking Whenever the interests OF
creditors Of the asagnor demand the same, and act
may be brought thereon as upon an original under
king.
an amendment he and the same Is hereby repealed p
yided however, that such repeal shall not affect any
dertakiug heretofore executed in pursuance of said
ton one nor RHy action founded thereon which 10 n
IL perdiDg
ne SGT g. That in all cases Of assignments OF per5o
To property nade after the taking effect Of tt is act, wh
u Shall come withia the provisions of the act to VIII
fv this is an amendment ali taxes of every description
H. sesscd against the asgncr upon any personal ope
IL held by him before his assignment shall be paid by
o nsslenee cat OF the proceeds Of the sale OF the pero
on property assguea ia preference to any other eia
against the as,ignor.
no Src 4 Ths act shall take effect aud be in force fl
~, nv RICHARD @. PARSONS,
M,n M spcaker Of tue House Of Representatives
~ ROBERT q. KIRK,
~ ~ Tassad Nar,h 49, IsGO. President of the Senate
lb. [No.'9 An Aof
,r 70 amend an act entitled ian Act for opening and re
,n Iatinx Roads and Highways" pa7ed January Y,
eS. G,,cr,ou Re u gaacfel 6Utic G5reral Asseg1dl
ast ma Yate of ohio, That when the route Of propt
toynsdp road Ia along dividing line between two to
Au- saips crosses such dividing line the person
Of & attending TO amy for said road shall notify
SO soos ~ both t,vnehirs Of his or their intention
'hn on receiving notice. the trustees of the two to
his IN which inc proposad road lies or rims ahalI