Recognizance to required, proceed thus: And abide the order of the court therekeep the peace on, and in the mean time to keep the peace, and be of good behavior towards the citizens of the State generally, and especially towards the said C. D.; then this recognizance shall be void: otherwise to be and remain in full force and virtue in law. Taken and acknowledged before me, on the day and year first above written. A. B., justice of the peace. Form of a 3.-Form of a commitment for want of bail, and in cases not bailable by law. To the keeper of the jail of the county aforesaid, Greeting: Whereas, C. D., late of said county, has been arrested, on commitment the oath of E. F., for [here describe the crime or offence], and has been examined by me, A. B., one of the justices of the peace in and for said county, on such charge, and required to give bail in the sum of dollars, for his appearance before the court of common pleas of said county, on the first day of the next term thereof, [or forthwith, as the fact was; but this requisition of bail is only to be made and stated in bailable offences;] which requisition he has failed to comply with: Therefore, in the name of the State of Ohio, 1 command you to receive the said C. D. into your custody, in the jail of the county aforesaid; there to remain until he [or she] be discharg ed by due course of law. Form of com an examination Given under my hand and seal, this day of A. B. (SEAL.) 9.-Form of commitment, pending a trial. THE STATE OF OHIO, county, ss. To the keeper of the jail of the county aforesaid, Greeting: Whereas, C. D., of the county aforesaid, has been arrested, mitment pending on the oath [or affirmation] of E. F., for [here state the crime or offence according to the fact,] and has been brought before me, A. B., one of the justices of the peace in and for said county, for trial, at the seat of justice thereof; which trial has been necessarily postponed by reason of the [here state the absence of a material witness, or other cause of delay, according to the fact]: Therefore, I command you, in the name of the State, to receive the said C. D. into your custody, in the jail of the county aforesaid; there to remain until discharged by due course of law.. Form of subpoena for wit. Given under my hand and seal, this day of A. B. (SEAL.) 10.-Form of a subpoena for witness. STATE OF OHIO, to be and appear before me, A. B., one of the justices of the peace, in and for said county, at forthwith, and there to give testimony and the truth to say, touching a certain complaint made on behalf of the State, against and hereof fail not, under the penalty of one hundred dollars; and have you then there this writ. Given under my hand and seal, this day of A. B. (SEAL.) This act to take effect and be in force, from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. March 11, 1831. Speaker of the Senate. AN ACT allowing and regulating writs of attachment before justices of the go peace. of creditor, &c. Command of Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That if any creditor, his agent or attorney, shall file an Justice to issue athidavit with any justice of the peace within this State, setting writ upon oath forth that his debtor absconds to the injury of his creditor, or that such debtor is not a resident of the county, as he verily believes, the said justice shall thereupon issue a writ of attachment under his hand and seal, directed to any constable of his proper county, commanding him to execute the same, on the goods, writ chattels, rights, credits, moneys and effects of the defendant, within the county, and make return thereof within twenty days. Sec. 2. That the constable, in executing such writ of attachment, shall to the place where the defendant's property How constable may be found; and in the presence of at least two credible per- shall execute sons, declare, that by virtue of the writ to him directed, he attaches the goods, chattels, rights, credits, moneys and effects of said defendant, at the suit of such plaintiff in attachment: and the sail constable shall take to his assistance two respectable freeholders, who, under oath or affirmation, (which oath or af firmation the constable is hereby authorized to administer) shall make a true inventory and appraisement of the property so at- Constable, &c. to tached; which shall be signed by the said constable and free- tory, &c. holders, and returned with the writ: and the constable shall indorse on said writ, the time and manner of serving the same, To indorse wift and subscribe his name thereto; and such writ when served, shall which shall bind bind the property so attached from the time of executing the same. writ make an invou property Sec. 3. That any person taking out a writ of attachment Party to adver from a justice of the peace, shall forthwith advertise, in three of tisa and prove the most public places in the proper county, and in some newspaper printed in the county, if a newspaper be printed therein; netice property, unless and if no paper be printed in such county, such notice shall be advertised in some paper in general circulation in said county, that an attachment has been taken out from such justice against such absent or absconding debtor: and shall transmit to the justice a copy thereof, and shall produce to him satisfactory evidence of having advertised agreeably to the requisitions of this section, thirty days previous to rendering judg ment. Sec. 4. That the property attached shall be taken into the Constable to take care of the said constable, unless the garnishee, or person in bond be given whose custody or possession the said property may be found, shall enter into bond to the constable, with two good and sufficient sureties, within the county, in double the appraised value of such property, conditioned that such property, or the appraised value thereof, shall be forthcoming to answer the judgment on said attachment: Provided, That if the said property, or any part thereof, shall be lost by unavoidable accident, said justice, upon sufficient proof being made, shall remit the value thereof to the person so bound. Condition of bond 9 Property claim. ed by another, Sec. 5. That if any constable, by virtue of a writ of attachment, shall attach any goods, chattels or effects, which shall be how to proceed claimed by any other person as his property, the claimant may at any time within ten days after the levy, prefer his claim in writing to the justice of the peace who issued such attachment, setting forth therein the particular items of property which he claims: whereupon, the justice shall make out in writing, under his hand and seal, and deliver to the constable, a notice, setting forth the name of the claimant, the property claimed, and the day and place at which the right thereto will be tried; a copy of which notice shall be delivered to the plaintiff in attachment, his agent or attorney, or left at his usual place of abode, at least three days before the day of trial: and the original notice shall be returned by the constable to the justice of the peace, with the time and manner of service indorsed thereon; and the justice shall issue such subpoenas for witnesses as may be demanded by either party. Justice to enter judgment on Sec. 6. That if on trial the justice shall determine the right property to be in the claimant, he shall enter up judgment on his docket that the said claimant recover of the plaintiff in docket, and how attachment, the goods and chattels so claimed, or such part thereof as may be found in him, together with his reasonable costs; and if the right of property be found against the claimant, the justice shall render judgment against him for costs: and where part of the property claimed is recovered by the Costs of trial claimant, and part thereof is adjudged to be in the defendant in attachment, the costs shall be divided in such manner as shall be reasonable and just: and in all cases when any property so claimed is adjudged to be in the claimant, if no appeal be taken or writ of cert orari issued out and served, within ten days after the rendition of such judgment, the justice shall issue an how taxed order to the constable in whose custody the property may be, Order for deliv describing with reasonable accuracy the property so recovered, ery of property and commanding the constable to deliver over the same to the successful claimant; which order the constable shall forthwith obey, and he shall not be liable thereafter to an action for having attached such property. ed Sec. 7. That in all cases when the right of property shall An appeal or be disputed by any claimant, and a trial shall be had, the judg. certiorari allow ment of the justice therein may be appealed from, or taken up by certiorari to the next court of common pleas, as in other cases, on the appellant giving sufficient security for the costs of such appeal. appeals, officer or claimant give Sec. 8. That if on trial, the justice adjudge the property When plaintiff claimed to be in the claimant, and the plaintiff appeal, or sue out a certiorari, if such appeal be perfected, or such certiorari served to keep property within ten days after the rendition of such judgment, the pro- bond perty shall remain in the custody of the constable, and be disposed of in the same manner as if it had not been claimed; unless the claimant shall, within ten days after the rendition of such judgment, file with the justice, a bond, payable to the defendant in attachment, with good and sufficient security, in double the appraised value of such property, conditioned that if final judgment shall be had in the court of common pleas against such claimant, that he will pay the appraised value of such property to the said justice, or such other justice as shall have charge of the suit, for the use of such persons as may be legally entitled thereto: in which case the property shall be delivered to the claimant in the same manner as if no appeal had been taken; and the justice shall file such bond in his office for the use of such persons as may be interested therein: and if final judgment shall be given against the claimant, on an appeal or certiorari, such claimant, (or if bond shall have been given as aforesaid, the obligors therein) shall be held indebted to the defendant in attachment, in the full amount of the appraised value of such property; which debt shall be bound in his or their hands by the attachment, and judgment therefor shall be had against him or them on a scire facias sued out from such justice, at any time after the scire facias may rendition of judgment on such attachment, by order of the plain-issue tiff in attachment, or other person interested therein; which shall be served and returned as in other cases. Condition may have pro perty on giving Sec. 9. That if, on such trial, the justice shall adjudge the when appeal is right of property not to be in the claimant, and an appeal shall taken, claimant be taken thereon, or a certiorari served within ten days after such judgment, the property shall be delivered to the claimant, bond on his giving bond and security, as provided in the eighth section of this act: but if no such bond and security be given within ten days after the rendition of such judgment, the property shall sold, avails how remain in the hands of the constable, to be disposed of in the applied same manner as if it had not been claimed; and in all cases when the property so claimed shall be sold by the constable, When property ment How disposed of pending the appeal or certiorari, the avails of such sale shall be after final judge paid over to the justice, and remain in his hands until final judg-ment shall be given: and if on final judgment, the property shall be adjudged to be in the claimant, the property, or the money made by the sale thereof, shall be delivered or paid over to him; otherwise, it shall be apportioned in the same manner as other moneys paid in on such attachment. Costs how taxed and paid Upon appeals, claimant shall be plaintiff Garnishec may be summoned Service Must answer on oath nishee shall be continued Sec. 10. That all costs which shall be adjudged against the plaintiff in attachment, on the trial of the right of property, whether the same accrue before the justice, or in the court of common pleas, shall be taxed in the general cost bill, and paid in the same manner as the other costs on such attachment; and any creditor who shall have filed his claim therein, may appeal from the decision of such justice, adjudging the right of property so attached to be in the claimant: and in every case, unless an appeal be taken within ten days after the rendition of judgment, or a certiorari be sued out, and served before the end of the next session of the court of common pleas for the proper county, the judgment of the justice shall forever conclude the right of property between such creditors and the claimant. Sec. 11. That on every appeal taken as aforesaid, the claimant shall be plaintiff in the court above, and may declare against the plaintiff in attachment in detinue; and the cause shall be tried at the first term of the court to which it is appealed, unless good cause for a continuance be shown. Sec. 12. That if the plaintiff, or other credible person, shall make oath or affirmation, that he has good reason to believe, and does verily believe, that any person is indebted to, or hath property, (describing the same as nearly as may be) in his possession, belonging to the defendant in attachment: and if the said constable, making service of such writ of attachment, cannot come at the property of the defendant in attachment, in the hands and possession of such person; the said constable shall summon such garnishee, by leaving with him, or at his usual place of residence, a copy of such writ of attachment, and a copy of the affidavit, together with a written notice to such garnishee, to appear before the said justice within five days; who shall give attendance accordingly, and 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 moneys, property and credits, in his hands, or due from him to the said defendant in attachment. Sec. 13. That the suit instituted against such garnishee, shall Suit against gar be continued without trial or decision, until the action against such 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; or if, in such suit, so instituted against the garnishee, the |