the sheriff or coroner of the county in which such other lands, tenements and real estate may be situated, and the officer to whom such writ is directed or delivered, shall serve and return the same in the same manner, and for neglect or refusal shall be liable to the same penalty as if such writ of attachment had issued and been made returnable in his proper county and on such attachment returned executed, there shall be had the same proceedings as in other cases of attachment.

Sec. 17. Be it further enacted, That where When two two or more are jointly bound or indebted, or more are either as joint obligors, partners or otherwise, the writ may jointly bound the writ of attachment may be issued against issue jointly the separate or joint estate or both of such joint or separately debtors, or any of them, or against their heirs, executors or administrators, and the estate so attached, whether it be joint or separate, shall be liable to be sold and assigned in manner afore said.

Sec. 18. Be it further enacted, That in case By death of of the death of a debtor residing out of this non-resident state, the writ of attachment as above provided, creditor writ may issue against his heirs, executors or admi- may issue a nistrators, and if any defendant shall die after gainst heira issuing of any writ of attachment, the said writ shall not abate thereby, but the same shall be carried on to judgment, sale, transfer and distri bution, as if such death had not happened, and all proceedings which shall be had in such case shall be as valid as if the defendant had been living.

Sec. 19. BE it further enacted, That any cre- Non resident ditor residing out of this state, shall be entitled creditors en to all the benefits and privileges of this act, and titled to the that no plaintiff or creditor shall receive any di. vidend, by virtue of this act, until he shall have

benefits of this act

Auditors how com pensated

Plaintiff in attachment

not to dis

continue suit

in certain cases

Consignee

not to be

prejudiced by levy on goods in his

possession

J. P. may

entered into bond to the defendant, with one or more sureties, being freeholders and residents in this state, in double the sum so to be receiv. ed, with condition that he shall appear to any suit that may be brought against him by the said defendant, within one year next after the date of the said bond, and shall pay unto such defendant any sum of money which, by the judgment of the court, shall appear to have been received by him, and not due or owing, with costs of suit, which bond shall be filed by the clerk for the benefit of the defendant.

Sec. 20. BE it further enacted, That the auditors and appraisers shall be allowed a reasonable compensation for their services, which shall be taxed by the court, and paid out of the defendant's estate.

Sec. 21. Be it further enacted, That the, plaintiff, in any writ of attachment, shall in no case be permitted to discontinue the same when any other creditor or ereditors shall have applied and filed his or their claim with the clerk of the court or auditors, without the consent of, or satisfaction made to each of the said creditors.

Sec. 22. BE it further enacted, That where an attachment is levied on goods in the possession of a consignee, the consignee of such goods shall have a lien upon them, for any debt due to him from the consignor, in exclusion of the plaintiff or any other creditor.

Sec. 23. Be it further enacted, This act shall be construed in all courts of judicature, in the most liberal manner for the detection of fraud, the advancement of justice, and the benefit of creditors.

Sec. 24. Be it further enacted, That any jusissue attach tice of the peace within this state, on application ment for any nd affidavit, made before him to the purpose

Constable to

execute said

aforesaid, shall, and he is hereby required to sum cognia issue an attachment under his hand and seal, for able by him any sum not exceeding the amount cognizable by a justice of the peace in other cases, directed to a constable, who shall execute the same in manner aforesaid, on the goods, chattels, rights, attachment credits, monies and effects of the defendants within the county, and if the creditor shall make sufficient proof of the debt due to him, and also of the goods, chattels, rights, credits, monies and effects, in the hands of the garnishee, the Proceedings said justice shall give judgment therein for the thereon plaintiff and award execution thereon, either against the effects of the defendant or against the garnishee, (as the case may require) but the

less than 3

effects of the defendant therein taken, shall not Property not be sold in less than three months, unless the to be sold in same are perishable, or a live animal or animals, months to the end that the debtor or his agent may redeem them, and in the mean time the same shall be inventoried by the constable, under the di rection of the justice, and kept in such manner as the justice shall direct, and if the plaintiff shall fail in proving a demand against the defendant, or in proving the goods, chattels, rights, credits, monies and effects in the hands of the garnishee, he shall pay him his costs, and if need be, the said justice shall issue his execution against him for the same: Provided, That Provise no judgment shall be entered by such justice within thirty days from the time of issuing such attachment, and it shall be the duty of the plain. tiff forthwith, after issuing such attachment, to advertise in three of the most public places in the county, that an attachment has been taken out from such justice against such absconding or absent debtor, in order that any person having a greater demand against such debtor than

Attachment issued by court to su

is cognizable before a justice of the peace, may have an opportunity to take out an attachment for the recovery of the same.

Sec. 25. Be it further enacted, That any writ of attachment against any absconding or absent debtor, which may be issued out of the court of common pleas, shall be a supersedeas to all attachments issued by a justice of the peace, undetermined at the time of serving the said writ; and it shall and may be lawful for the Duty of shff sheriff, or his deputy or other officer, to take in such cases into his possession all goods and chattels, at

percede at tachments issued by a justice

Proviso.

tached by the constable, as fully and to all intents and purposes as if the attachment issued by the justice had not been served; and the plaintiffs in said attachment shall be entitled to their several debts, with the costs that may have accrued, in proportion to the other creditors, as is before in this act mentioned and directed: Provided, That no constable shall be obliged to remove any goods, taken into his custody by virtue of any attachment, after the same shall have been seized and attached by the sheriff: And provided also, That if on the return of an attachment issued against the goods, chattels, rights, credits, monies and effects of any absconding or absent debtor, it shall appear to the justice that there was no goods, chattels, rights, credits, monies and effects on which to levy, the justice in such case, on the application of issue against the plaintiff, may issue an attachment against lands, &c. the lands and tenements of the defendant, and the constable shall levy the said writ of attachment in the same manner sheriffs are directed to do by this act, and on the return thereof the To certify justice shall forthwith certify his proceedings, proceedings together with the constable's return, to the court of C. P. of common pleas next to be holden for the pro

Justice to

to the court

Per county, and the court of common pleas shall Duty of proceed in the same as if the writ of attachment had originally issued from said court.

court

clause

Sec. 26 And be it further enacted. That the act, entitled "An act allowing and regulating Repealing writs of atachment," passed the twenty-first day of February, Anno Domini one thousand eight hundred and five, be, and the same is hereby repealed.

This act shall take effect and be in force from Commenté and after the first day of June next.

EDWARD TIFFIN,

Speaker of the house of representativés.

DUNCAN M'ARTHUR,

ment

February 14, 1810.

Speaker of the senate.

CHAPTER XXVII.

An act to amend the act, entitled 'An act allowing and regulating writs of attachment.'

Sec. 1. Be it enacted by the general assem- Judgment to bly of the state of Ohio, That when any suit be rendered in attachment, under the provisions of this act after three for plaintiff of the act to which this is an amendment, shall defaults re be commenced in any court in this state, such corded court shall, on motion of the plaintiff, after the defendant shall have been defaulted at three successive terms of the court, to which such writ of attachment is returnable, as hereinafter mentioned, proceed in such suit in favor of the plaintiff or any other bona fide creditor of the defendant, and who may have applied to the court previous to the third term thereof, next after issuing such writ of attachment, in the same