Year: 1864

CHAPTER TX.

 An Act in addition to an Act relating to the

 execution of Deeds and Specialties.

 Be 1t enacted by the Senate and House Of Representatives, in General Assembly conven- ed !:

 SEC. l. That any commissioned officer of any reg iment of volunteers, which have been, or may hereafter be raised in this state, and now is or may hereafter be in tue service of the United States, shall be, and is hereby author ized, while in such service, out of this state to take the acknowledgment of deeds, mortgages. ! leases and other conveyances of land, situated in this state, and all powers of attorney relating thereto, executed by an officer or scldier in tho service of the United States

 1 SEC. 2. All such deeds mortqaops leases. conveyances. and powers of attorney which have heretofore been acknowledged by any such officer or soldier before any such commis stoned officer, or before any other commission. ed officer who was in the service of the United States nt the time such acknowledgment was made, shall be held to be valid and effpctua! to convey the estate therein described proridel, the same shall have been made and executed in all other respects according to law and the title of such commissioned officer annexed to his certificate of such acknowledgement, shall be prima facie evidence of his official charac | ter.

 SEC. B. This act shall not aff ect any suit now pending, and shall take effect from its passage.

 Approved, June 18th, 1864.

 1 CHAPTER <.

 An Act in addition to an Act for the regula- tion of Civil Actions.

 l Be it enacted by the Senate and House of Representatives, in General Assembly conven- ed:

 SEC. l. That whenever in any action com menced by process of foreign attachment, the garnishee named in such process is rot resi- dent of this state, but is engaged in inc trans action of business therein by an agent OF agents, such process may be legally served on such garnshee by leaving a true and attested copy of such process with such agent or agents, at least twelve days before the session of the court to which the same is returnable. i SEc 2. If, upon the trial of said action, l judgment shall be rendered in favor of the plaintiff, all the goods and effects which were in the hands of the agent of such garnishee in this state, at the time such copy of said process was left with him as aforesaid, and the debt due from such garnishee shall be liable to pay the same; ard the plaintiff, on paying out an execution, may direct the officer serving the same to demand of said agent of said garnishee. of the goods ard effects of the defendant, he, as such agent. has in his hands, whose duty it shall be 10 expose the same to be taken on exc. cution and also to make demand of such agent ofany debt due by said garnshee to the defend- ant contracted in the name of said garnishee by said agent with the defendant, and it shall be the duty of such agent to pay the same i; and if such agent of such garniskee shall have in any manner disposed of the goods and ef- fleets of the principal in his hands, when the copy of the writ was left with him, or shall not expose and subject them to be taken on the execution; or shall not pay to the officer when demanded, the debt due to the defendant, at the same time the copy O. the writ was left with him. such judgment may be satisfied out of the estate of said garnishee which he may own and possess in this state as his proper debt, if the goods or effects or debt be of sufficient value or amount; if not, then to the value of such goods or effects or to the amount of such debt. And a $orie .jacias may be taken out from the court where the judgment was render ed, as now provided by law in other case, on which the estat. of such garnishee in this state, may be attached, and which shall be served upon the aeent of such garnishee, requiring such garnishee personally or bt his said agent to appear before such court, and show cause, fl any ue nave, tO tle COHlTdTy duu IL SHdil ue lawful for the plaintiff to require and the de- fendant, by hmselfo his said agent, shall have the right to disclose on oath, whether he has any of the poods or effects of the debtor in his hands or in the hands of such agent, or wheth 3 CT he is indebted to him and the parties may introduce any other proper testimony respect ing such fact. lift be found that the defend-

 ant has the goods or effects of such debtor ir a the hands of his said agent, or is indebted te t him. or If he makes default of appearance. o1 t refuses to disclose on oath, judgment may bt

 rendered against him, as for his own debt, tt r be paid out of his own goods or estate witi i lawful costs, and execution shall be granted ac n cordingly;. prorided. that if it appear on thu

 trial that the goods or effects are of less value n and the debts of less amount than the judg-

 ment recovered against the debtor, then judg- Ement shall be rendered to the value of tn F. goods or effects of such debtor in the hands o 7 said agent or is not indebted to him, then h a shall recover his lawful costs,

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