Trustees authorized to remove persons neglecting to take lease, etc. Secretary of state to give notice to commissioners. Part of former act repealed. Commencement of this act. of the corporation of the said university lands, are hereby authorized and empowered, to remove, by due course of law, all persons living on said lands, in case such persons refuse or neglect to take leases within six months after the valuation of the lands aforesaid. Sec. 4. Be it further enacted, That the secretary of this state, shall cause notice to be given as soon as convenience will permit, to each of the commissioners aforesaid, of their appointment under this act; and the commissioners respectively, on receiving the notice aforesaid, shall, within a reasonable time thereafter, forward to the governor of this state, their determination to accept or not to accept the appointment under this act made. Sec. 5. And be it further enacted, That so much of the aforesaid act, passed the eighteenth day of February, one thousand eight hundred and four, as is contrary to this act, be and the same is hereby repealed. This act shall be in force, from and after the passage thereof. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 21, 1805. CHAPTER VII. An act, allowing and regulating writs of attach ment. agent or at torney mak ing oath, Sec. 1. Be it enacted by the general assembly of Creditor, the state of Ohio, That if any creditor, or in case of his absence or disability, his agent or attorney, shall make oath or affirmation, in writing, before any judge of the supreme court, president or associate judge of the court of common pleas, or justice of the peace, that his debtor absconds to the injury of his creditors, as he verily believes, and shall file such oath or affirmation with the clerk of the supreme court, or the clerk of the common pleas, such clerk shall thereupon issue a writ of attach- clerk to ment, directed to the sheriff or coroner, as the case may require, commanding him to attach the lands, tenements, goods, chattels, rights, credits, monies and effects of such debtor, wheresoever they may be found; and if any clerk shall issue such writ of attachment, before oath or affirmation be taken and filed as aforesaid, such writ shall fore oath, be quashed on motion, at the proper cost of the clerk issuing the same. issue writ. Quashed if issued be etc. executing Sec. 2. Be it further enacted, That the manner Manner of of executing such writ, shall be as follows: The writ officer to whom it is directed, shall go to the place where the defendant's property is or may be found, and there, in the presence of two credible persons at least, declare, that, by virtue of the writ to him directed, he attaches the lands, tenements, goods, chattels, rights, credits, monies and effects of the said defendant, at the suit of such plaintiff in attachment, and the said officer, with and return. Property attached, to remain in the keeping of the officer, unless bond and security its forth coming. the assistance of two or more respectable freeholders, who shall be under oath or affirmation, shall make a true inventory and appraisement of all the property so by him attached, which inventory and appraisement shall be signed by the said officer and freeholders aforesaid, and shall be annexed to and returned together with the writ; and the said officer shall endorse, on the said writ, the time of serving the same and subscribe his name thereto, and the property so attached shall be bound from the time of serving such attachment. Sec. 3. Be it further enacted, That the property so attached shall remain in the care and safe keeping of the said officer, to abide and satisfy the judgment of the court, unless the garnishee or person in whose custody or possession the said be given for property shall be found, shall enter into bond to the officer, with two good and sufficient sureties, being freeholders within the county, in double the appraised value of such property, with condition, that such property or the appraised value thereof, shall be forthcoming, to answer the judgment of the said court: Provided, That in case voidable ac- it shall be made to appear, to the satisfaction of the court, that the property so attached, or any part thereof. shall have been lost or destroyed, by unavoidable accident, it shall be in the power of the court to remit the value thereof to the person so bound as aforesaid. Proviso, in case of una cident. Persons hav ing property in pos Sec. 4. Be it further enacted, That if the plaintiff of defendant or other credible person, shall make oath or affirmation, that he has good reason to believe and does verily believe, that any person or persons, naming such person or persons, hath or have property, session, at to garnishee. describing the same, as nearly as may be, in his or their possession, belonging to the defendant in attachment, and if the officer making service of such writ of attachment cannot come at the property of if not come the defendant in the hands and possession of such summon person, the said officer shall summon such garnishee to appear in court at the return of such writ, who shall give attendance accordingly and be obliged to make answer, under oath or affirmation, to all questions that shall be put to him touching the property and credits of the defendant in his hands and possession, or within his knowledge, and from the day of such service, such garnishee shall stand accountable to the plaintiff in attachment, to the amount of the monies, property and credits in his hands or due from him to the said defendant in attachment, and if such garnishee do not appear in court according to the summons, the court may proceed against him by attachment, and upon the return of the writ of attachment it shall be the duty of the clerk who issued the same, to cause notice to be given in one of the public newspapers circulating in this state, of such attachment, which notice shall state the names of the parties, the court from which the writ issued and the sum for which it issued, and shall be continued for six weeks at least. Sec. 5. Be it further enacted, That if the plaintiff will make oath or affirmation, and file the same with the clerk who issued the writ, that he verily believes that the garnishee hath any monies, goods, chattels or effects of the defendant's in his custody or possession, or that the said garnishee is indebted to the defendant, and that he is in fear that the said garnishee will abscond before judgment and execution can be had against him, it shall be on refusal court to to appear, proceed by attach ment. Clerk to give on return of notice, etc.. writ. Plaintiff making oath garnishee etc., stituted by capias ad responden suit to be in- lawful for such plaintiff to institute a suit by capias ad respondendum against such garnishee, dum against who shall thereupon be held to special bail, in garnishee. If nothing be found due from defendant recover costs. which suit the plaintiff may declare against such garnishee for the monies, goods, chattels or effects, so as aforesaid, in his possession, in trover and conversion, as of the proper monies, goods, chattels and effects of such plaintiff, or if the garnishee be indebted to the defendant in attachment, then the plaintiff may declare for so much money had and received by such defendant to the use of the plaintiff, and at the trial he may give the special matter in evidence, and if verdict and judgment be had for the plaintiff, execution shall thereupon issue for the goods, chattels, lands and tenements, or body of such garnishee. Sec. 6. Be it further enacted, That the suits so instituted against the said garnishee, shall be congarnishee to tinued without trial or decision, until the action against the defendant in attachment, shall be determined; and if, in such action, nothing shall be found due from the defendant to the plaintiff, then the garnishee shall recover costs against the plaintiff, although he may be indebted to the defendant in attachment, or have monies, goods, chattels or effects of such defendant, in his custody or possession; or if, in such suit, so instituted against the garnishee, the plaintiff shall be nonsuited or discontinue, or judgment be had against him, the said garnishee shall recover costs; and if the plaintiff shall recover judgment against the defendant in such attachment, and the said garnishee shall deup moneys, liver up to the auditors to be appointed by this act, all the goods and chattels and other property in his hands and possession, at or after the issuing of the writ of attachment, belonging to such de Garnishee delivering etc., costs to be paid out of proceeds. |