Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1862-04-30

attached; and the court may punish such per-
by fine rimpdsonment,or both, at the discretion
of the court; and if any person, on his examnatio
before the judge or court commissioner, shall re-
fuse to answer all proper questions propounded to
him, To obey any order of such judge or court
c )mmlssioner, said JUICE or court commissioner
shall report the same to the court from which the
exection Issued and the court may punish such
erson by fine or Imprisonment, or both, at the dis
erection the court; and the court may also rem
der judgment against such garnishee for the
| amount of the execution, with costs.
| Sec 4. In case the officer having the attachment
specified In the two last last two sections, is un-
able arrest the person against whom said attach
ment is issued, the person in whose favor the exc
cutiou been Issued, shall be entitled to judg-
ment against he garnishee, for a sum not exceed
| ing tue amount OF The damages costs and interest
| for which such execution issued.
| Sec. 5. Ii the person served with the notice
| shall fail to appear aud answer at the time and
place specified in the notice served upon hih' ne
may afterwards appear and swer before the Juose
or commissioner named 10 such notice, at any "no
before final ia lyme against him. by giving 10 'io
person in favor the execution was 'Ssueu, ..
| to his attorney, notice OF at iea' So a u,, ny
murp than ten days, OF the time when he VIII SO
| st,s.r and answer: pyov,ded, that such Judge or
commissioners before taking MS answer, may at
bis jsretIon require him to pay all costs that have
occurred accrued " 'he SArhsnee sui', up 10 ehe
| time .cb nutiee rs given
| sc q. II shall be the duty of the judge
commissioner before whom any person shall be ex-
amnrd under The provisions OF this act, to reduce
the of such person TO writ .g, and TO tile the
same the Oihce OF the clerk OF the court from
which the execution Was issued.
sec. Z. III it appear from tue answer, that the
garuIshee indie bted to the judgment debtor or
Judgment debtors, or either OF them, or that the
garuishee had property in his or ITS hands or pos
on belonging such Judgment debtor or judg-
ment Debtors either OF them, at the time the
notice to appear anu answer served, such garn-
ishes shall forthwith deliver such property or pay
the amount OF his or its Indebtedness to the sheriff
or other proper officer having such execution, who
shall proceed herewith according to law
s. Ia the garuishee pays over the
money due from him TO the Judgment debtor, o-
delivers the property in his hands belonging to the
judgment destor, Ia the manner provided Tor IN
last section, he or it shall be Longer liable
therefor TO the Judgment debtor, aud such pay ut
or delivery shalt be u bar at auy action that may
be brought against such garuishee by such judg-
ment deDIor or his assignee, to recover he same.
Sec. 9. IL the garnishee shall neglect TO denver
any property his or its hands or possession,
TO pay over any money due o the judgment
debtor, the cases mentioned in section seven OF
thIs act, the court may render judgment against
the garnishee the amount OF his Its Jude Oted
ness the judgment debtor or Tor the value OF
such property: but the damages in such judgment
shall Tot exceed the amount due ON the execution
tor damages interest and costs; or the court, in its
discretion, any titne after the garnshee has
swered, may render a Judgment against the gar
nshee, directing and requiring him or 1t to deliver
to the sheriff any property Ia the possession oil th"
garuishe-, under his or its control, belonging 60
the judgment debtor.
See. TO- Ii it appear from the answer of the gar
nshee or otherwise, that the garnishec holds the
title of any any interest therein, III
trust for the judgment debtor, or for his benefit,
the rnisbee shall convey the same to the sherH,
and the sheriff shall sell and dispose OF the Same
under the direction OF the court from which the
execution issued, in the manner provided by law
and te rule anu practice OF the court, for the sale
OF real estate by receivers appointed uuder pro-
credings supplemental to exc uuoni aud the court
may, by Its JUDGMENT, pass the title 70 any such
real within this state, in case such
garnishee refuses to convey the same.
sec. IL. No action shall be commenced by the
juIgmen ut debtor his assignee, against any such
garnist ee, from the time such gaIuishee is SUM
I'll he. a OF
tuuity to appear aud answer; and IN case action
Is pending the recovery oil any such money or
properly, at the time of the service OF any such
not Co. the gsIn'shee may obtain an ORDER, stay
proceedings IN such action until the garnishee can
have an opportunity to sppear and answer, or for
such further time as the officer making such order
shall deem proper: prOpided, hOwe0sT, that judge
or court commissioner may, upon the application
of the Judgment de btor his gnee, upon cause
being shown therefor TO the satisfaction of such
Judge or court commissioner, make an order per-
lifting him commence an action against the
gaTnishee fort hYith.
Sec. II. When there is more than one judgment
debtor against whom the execution is issued, the
garnishee shall be liable to pay over any meney
due, and deliver properly belonging to either
any of such Judgment debtors.
Sec Is. Ii the gaTnishee, in his or its answer,
deny all indie btedness or liability to the Judgment
del or judgme Mt debtors, any of them, he
it shall recover Judgment against the judgment
creditor in the execution, for his ices Tor travel
and attendance, which shall be the same as those
allowed to witnesses, unless the judgment creditor
such
See IA. The affidavit me ntion ed in the first
ton of this act, shall be deemed the complaint in
the action against the garnisbee and the of
the garuisher, taken on the exam nation, shall be
the answer in such acticn.
Sec. Is. In the judgment creditor is not
satisfied with the of the garnshee, and shall
elect to have trial the issue formed by such
answer, such issue between the Judgment creditor
and garnshee shall be tried, and Judgment thereon
rendered, and costs awarded aud execution issued,
in the same manner and with the like as in other
personal actions, except that Judgment against the
garnishee SHALL exclusive oil costs in the garnlshee
suit, not be for a greater amount than the amount
que on the judgment on which the execution was
issued.
Sec 10. In case the answer OF the garnishee
shall be sat actory to the Judgment creditor, ana
it shall appear by it that the garnshee was ndebt
ed the judgme debtor, had in his possession
property OF the judgment debtor, which has not
beef paid delivered to the officer, as provi-
ded in section seven of this act, the court shall
render judgment against the garnishee according
to the merits OF the case, in the manner provided
in section nine OF this act.
Sec. II. If it shall appear upon the answer of
the garnishee, from the finding OF the court or
Jury on trial of the issue, that the garnishee is
liable to deliver to the judgment debtor certain
specific property, or to pay him any money at fu-
day, unless the payment OF such money is Sc
cured 10y a negotiable note. the court may rendsra
judgment against the garnishee, without costs, re-
curing him to deliver such property, or TO pay
uch money to the sheriff, at such time as be
may be liable TO deliver such property or pay such
money
Approved April 5, 1862. B2-COPY.
IPubitehed ApriI IL, 1862.