The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-05-22
Published April II, 1852.
CHAPTER $40.

AN ACT to amend chapter ia ofthe revised stat
utes entitled "of executions and proceedings
supplementary thereto"
The PEOPLE of e State Of Wisconsin, gsDresented in,
Senate and assembly, do enact us FoU0acS:
Section l. If, after the issuing Of on execution,
the person in whose favor the issued, or some
one in his behalf shall make an affidavit stat ny
that he verify believes that any other person or cor
poration manning him or III has property credits
or effects Ia his or ifs hands possession belong.
ing to the Judgment debtor, in amount exceed
ing ten dollars and shall deliver such affidavit 10
the officer having the execution such officer can
not levy upon such property and get he possession
thereof, he shall serve such affidavit upon such
person cooperation, by giving him or it's presi-
dent secretary treasurer or principal agent d copy
thereof with Z written notice to appear before O
judge or court commissioner of the county in which
such person or corporation is served, on some day
to be specified i'll such notice. not less than SIX nor
more than 20 days from the time Of such service
to answer under oath, all such questions as shall
be put tn him touching his liability or the ability
q such corporation, as garnishee of such alignment
debtor.
Sec. 2. From she day Of such service. the person
or corporation notified garnisheo, shall stand
liable to such Judgment creditor in whose favor
such execution has been issued, 10 the amount of
the property, moneys and ere its in his hands or
possessions and Cebts due or to become due from the
gaTnlshee to such Judgment deb or, and the person
served with notice sual attend before the iudre
or commissioner, in accordance with said notice
and answer, under oath all question put to him
touching the property, credits and effects OF the
judgment debtor, In SAID garuahge possession, Qr
within his knowledge. and to all debts due OF 10
uccuu.s due from sUch garEishee to SUCH iatgD'i
debtor.
Sec. 3. ffthe person served "ilb notice, as afore
said does appear pnrsuan 90 such notice, the Judge
or court COMMUNIST ,er may compel his appearance
~ and being brought before MN
e JS q or court commissioner may prcceeo e
anime such person, or he may, ut the request o.
rvybp favOr fine execution was lSSQcu
reD6rt TO the court from which such execution Wa'
issued that such person SO served @l,h h0tce l"ll
ed to appear pU sURnt thereto, ana mar he wa st
attached and the court may punish sUGn person ~
fine or imprisonmeut, or both, at the discretion c
the court and if any person on MS examination oe
fore the Judge court commissioner, ehaii ieius
20 answer all proper questions pT'Pouilueu W M
or TO obey any order OF such Judge or court CON
missioner said Judge or court commissioner sha
report the same to the court from which the e1ect
tion was issued aud the court may PUNISH sue
person by fine or Imprisonment, or both, at the oil
erection Of tie court and the court may also Tende
n Judgment against such garnishee Tor the amour
of the execution, with costs.
Sec In case the officer having the attacbmeT
specited in the last two sections Is unable to arre
the person against whom said attachment is ISSUED
the person III whose favor the execution has bee
issued, shall be entitled TO judgment against til
garnshee, for sum not exceeding the amount {
the damages, costs ana interest tor WhlCh such e.
ecuiion issued.
Sec. ). Ii the person served with the notice sha
fail to appear and answer at the time and plaC
speciied la the notice served upon him, he may a
forwards appear and answer before judge or con
missioner named in such notice, at any time hetol
final Judgment against him, 10y giving to the pc
son IN whose favor the execution was issued, or
his attorney, notice of al least six aud not mo
than ten days. of the time when he will so appe
and answer pr0U3dcd, that such judge or commit
sioner, before taking his answer may, at his discr
ton, require him TO pay ali COSTS thai have accr
ed in the garnsnee SAN, up TO the time such noil'
IS given.
Sec. s. It shall be the duty Of the Judge or cor
missioner before whom any person stall be exam
ined under the provisions Of this act to reduce Il
answer ot such person to writing, and 70 file Il
same III the office of tie clerk OF the court fro
which the execution issued
Sec. 7. If II appear from the answer that ii
garnishee indebted 10 the Judgment debtor
judgment debtors either OF them, or that Il
garnishse had property in his or its hands pc
session belonging to such Judgment debtor or lad
ment debtors, either Ci them, at the time the II
tice to appear and answer served such gar
shee ehall forthwith deliver such property or pi
the amount of his or its Indebtedness 10 the sher
or other proper officer having such execution wi
shall proceed Herewith according to law.
See s. In case the garushee pays over the mo
ey que from him to the judgment debtor or deli
ers the property IN his hands belonging to the iud
meut debtor, in the manner provided for in the la
section, he or It shall be no longer liza bic therefor
thejudgment debtor. and such payment or deliver
shall BE- bar at any action that may be brougt
his assignee, 20 recover the same,
Sec If the garnishee shat! neglect 10 deIive
over any property i'll his or its hands or sessip1
or to pay over any money due 10 the iudrrner
debtor i'll the cases mentioned in section seven 4
this act, the court may render judgment against n
garnlsLee sor the amount of his its indebledues
TO the Judgment debtor, or for tie value Of sue.
property; but the demaees in such judgment sha
nor exceed the amount due On the execut on f.
Canages, interest and costs; or the court in lis Dis
creuen at any time after the garnishee has answe,
cd may ender q judgnIenr against tue garnishet
directing and requiring him or It to deliv er 10 ~
Sheriff any property in the possession of the pe,
lshee, Or under his or its control belonging 10 ~
judgment debtor. "
Sec. 10. If it appear fran tie answer of he On,
nlshee or otherwise that the garnjsbee hodst mi
OF any real estate eny interest therein in rms
for rhejudgment debtor, or for his benefit the ga1
nlshee shall convey the same to &c ~heriT and IN
Eherit shall sell and dispose of hs same under In
direction of the court from which the execution i
S2ed, N the manner provided by law and the rule
ana practice OF the court for the sale of real esta
y receivers appointed under proceedings supple
Inettai to execution; and the court may, by If
Judgment pass the title to any such real estate sit
cate within this state in case such garuisbee refI
SIS - 0oaveY the same.