Year: 1860

r Sec. 7. This act to take effect and bs
in force from and after it's passage.
? RICHARD G. PARSONS,
Speaker of the House of, Representatives
ROBERT G. KIRK,


President of the Senate.
I Passed March II, 1860.


I[No. III. AN ACT


! To provide for the co-election of claims


against Railroad Companies.


SECTION l. Be 1t enacted by the Gen.
eral assembly of the State Of Ohio, That
when any person shall have obtained
judgement against any railroad company
in any of the courts of this state, upon
any claim due to common laborers for
work and labor performed for such COM
pany, or for cross-ties lumber or cord
wood, furnished to such company, to be
used in the construction, repairing Oh
operation of such road, or upon any
note or other evidence ofindebtedness, the
consideration of which consisted of such
labor, or materials, furnished to said
company, the plaintiff in such case, his
agent, OF attorney, may file with the
precipe for execution, in such judg-
ment, his affidavit setting forth the ma
ture of the claim upon which said judg-
ment is founded, showing that the same
is within the description of claims herein
enumerated, that he does hot know of
any property of the defendent liable to
levy and sale on such execution sufficient
to satisfy the same, and that any person
or corporation (to be named within the
jurisdiction of the officer to whom, ac-
cording to the precipe, such execution
is to issue, is indebted to the defendant
has property or claims of the defend
ant in his possession, or under his con-
troll, OIL as an agent of the defendant,
whereupon the clerk shall issue with
the execution a notice to each person or
corporation named, that he is required
to pay over to the officer holding such
writ, the money, and deliver to such Of
fcer the property and claims of the de-
fendant in his possession or under his
control, or which may come into his
possession, or under his control, at any
time before the satisfaction of such
! judgment, not exceeding an amount suf-
fcient to satisfy such Judgment and costs
together with cost, that may accrue.
SEC. 2. The officer shall serve upon
each garnishee named in the notice, a
copy of the execution and notice, and
the person so served shall be bound to
the plaintiff in execution from the date
Of such service, for all money property
and claims Of the defendant, in his pos
session or under his control, or which
may come into his possession or under
his control, at any time before the salts
faction of the judgment.


Sec. 3. AT any time after service on
the garnishee, as above provided, he may
be required to appear before any officer
within his township, competent to ad-
minister oaths, or before the clerk Of
the court Of common pleas Of his county
and answer such questions as may be
asked him, touching the property of ev-
cry description, moneys and credits of
the defendant in his possession, or un-
der his control, by written notice
signed by the blaintif his agent or at
torney, specifying the time and place of
such examination, which notice shall be
served,at least one day before the day fixed
therein for the examination; such exami-
nationshall be reduced to writing, signed
by the garnishee, certifedby the officer
before whom said examination is taken,
and filed with the papers in the case
The garnishee shall be entitled to the
same fees for attendance as are, by law,
allowed to witnesses.


Sec. 4. If the garnishee shall refuse
to appear, as required by the notice,
upon proof being made Of the due SER
vice thereof, an attachment may be is
sued against him, 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 being had
to commit such garnishee to the Jail of
the county, until he shall answer such
q1estions, or be discharged, according
to law.


SEC. 5. The garnishee shall pay over
to the officer all the moneys in his hands
or under his control, or which may
come into his hands or control, belong
ing 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 refusal by such gar
nishee to pay over or deliver, as afore-
said, the plaintiff may commence an ac-
ton therefor, in his own name, against
the garnishee, and recover the same with
costs.


Sec. g. The officer shall sell, as upon
execution, any property Of the defend
ant so delivered to him, which would be
liable to seizure and sale upon execution,
and all the other property he shall hold
to abide the order of the court.


Sec. Z. Any assignment or transfer of
money, or claims, in the hands or under
the control Of any agent Of such rail
road company, made after the passage
of this act, shall be void, as against
Judgment claimants, under the provis-
ions of this act as to the current receipts
of such railroad company, in the hands
or under the control of such agent, at
the date of the service of the notice of
garnishment, as herein provided, OF
which may afterwards, and before the
satisfaction of such judgment, come into
his hands.


! Sec. s., This act shall be in force
from and after its passage, and shall ap-
ply as well to claims and judgments Of
the nature specified in the first section
of this act now owing, as those that may
hereafter accrue, or be recovered against
railroad companies. Provided, that the
provisions of this act shall not extend tc
claims for lumber or cross ties that may
have been heretofore furnished to bt