costs, and how plaintiff shall be non-suited, his suit discontinued, or judgment In what cases he be had against him, the said garnishee shall recover costs: and sal! recover if the plaintiff shall recover judgment against the defendant in they shall be such attachment, and the garnishee shall deliver up to the con- paid stable, before judgment is had against him, all the goods, chattels, and other property of such defendant, in his possession, and shall also pay over to the said justice all moneys due from him to said defendant, then the costs which shall have accrued on such suit, against the garnishee, shall be paid out of the proceeds of the property attached and belonging to the defendant; but if the garnishee shall not appear, or if appearing, shall refuse truly to confess the matters alledged, and the plaintiff, on trial, shall recover judgment, the said garnishee shall pay costs. garnisher Sec. 14. That if the plaintiff will make oath or affirmation when and lay before the justice issuing said attachment, that he is in fear a warrant shall said garnishee will abscond before judgment can be had, and issue against that he verily believes said garnishee hath moneys, goods, chattels or effects in his possession, or is indebted to the said defendant, it shall be lawful for said justice to issue a warrant against such garnishee or other person, holding property of the said defendant, who shall enter into recognizance, with one good and sufficient surety, to pay any sum and costs, that may be awarded against him in said suit, as garnishee; and on failure to enter into such recognizance, he shall be committed. ment for plain Sec 15. That upon return of said writ of attachment, if the When the justice creditor or creditors shall make suflicient proof of the debt shall give judg due him or them, and also of the goods, chatteis, rights, credits, if and award moneys and effects in the hands of the garnishee, the said jus- execution tice shall, at any time after the expiration of thirty days, give judgment therein for the said plaintiff or plaintiffs, as the case may be, and award execution thereon, either against the effects of the defendant or against the garnishee, as the case may require: Provided, The amount proved by any one of the creditors doth not exceed the sum cognizable before a justice of the peace in other cases: Provided also, That if the plaintiff shall fail in proving a demand against the defendant, or in proving the goods, chattels, rights, credits, moneys and effects in the hands of the garnishee, he shall pay the costs; and if need be, the said justice shall give judgment against such plaintiff, and issue execution for the same. pleas Sec. 16. That if upon proof made as aforesaid, it shall ap- Proceedings may pear that a sum greater than the amount cognizable by a jus- be certified to tice of the peace, is due and owing to any one person, then, court of common and in that case, the said justice shall forthwith certify his proceedings, together with the writ and constable's return, to the court of common pleas, next to be holden in said county; and the court shall proceed therein, as if the writ of attachment had originally issued from said court. Sec. 17. That the effects of the defendant, taken by attach on ten days' notice Perishable arti ment, shall be kept without sale, in such manner as the justice cles may be sold shall direct, for at least three months, except the same shall be live stock or property of a perishable nature; in which case it shall be sold in a resonable time after the rendition of the judgment, on ten days' previous notice being given, as in other cases: and if any such stock or property shall be lost in the hands of the constable, by unavoidable accident, the justice shall make him an adequate allowance therefor. demands, and. pay an equal proportion to each creditor Sec. 18. That the justice shall have power to audit and adJustice to adjust just all accounts and demands of the plaintiff and creditors of the defendant in attachment, upon due proof of the same being made within three months from and after issuing said attachment; and if the money collected by virtue of the sale of said property, be not sufficient to satisfy in full, the demands or accounts proven against said defendant, then the justice shall pay an equal proportion to each creditor, according to his demand thus adjusted, after deducting the legal costs which may have accrued by virtue of such attachment: and the said justice Constable, &c. shall allow to the said constable and appraisers, such compensation as shall appear to him just and reasonable, for services not otherwise provided for by law. allowed compen. sation tor may proceed Sec. 19. That if the plaintiff in attachment shall discontinue If plaintiff dis or dismiss his suit after any other creditor or creditors shall continue, credi have filed their claims, such creditors may proceed to final judgment; and the officer shall retain the property so attached in his custody, and proceed therewith in the same manner as if such original suit had not been discontinued or dismissed. Sec. 20. That if sufficient moneys and effects cannot be dosts, how paid found to satisfy the legal costs of such attachment and service, such costs, including all costs which shall have accrued in any trial with any person summoned as garnishee, shall be discharged by the creditors, in proportion, to their several demands adjusted as aforesaid; and all judgments rendered by the justice, by virtue of this act, may be taken up by appeal or otherwise, as in other cases. Sec. 21. That where an attachment is levied on goods in Appeals, &c. al- the possession of a consignee, the lien of the consignee shall not thereby be taken away. lowed lien Sec. 22. That if on the return of an attachment issued Consignee, his against the goods, chattels, rights, credits, moneys and effects Justice may cer- of an absconding debtor, it shall appear to the justice that ify proceedings there were no goods, chattels, rights, credits, moneys and ef goods, and writ fects, or not a sufficiency whereon to levy, the justice, on the to court when no may issue against lands application of the plaintiff, shall certify his proceedings therein to the next court of common pleas for the proper county: whereupon an attachment shall issue from said court, and be execu ted by the sheriff of said county on the lands and tenements of the defendant, which shall be within such county; and the same proceedings shall be had thereon as in other cases of attachment sued out originally from the court of common pleas, writ Sec. 23. That in all cases where a writ of attachment is Sum claimed to issued by virtue of the provisions of this law, the following be indorsed on form shall be pursued, as nearly as the same may be proper and applicable; and the justice shall, in all cases, indorse on the back of said writ the amount of the sum claimed, that the defendant, or any one for him, may pay the same and costs, if such defendant or his agent so elect: and upon the return of such writ, if said sum and costs be paid, the justice shall enter a judgment of non suit. THE STATE OF OHIO: Form of a writ. To any of the constables of county-Greeting: township, Whereas, A. B. hath this day made oath, [or affirmation, as the case may be,] that C. D. is justly indebted to him, and that form th said C. D. absconds, to the injury of his creditors, [or that the said C. D. is not a resident, &c., as the case may he] as he verily believes; you are, therefore, hereby commanded to attach the goods, chattels, rights, credits, moneys and effects of the said C. D. which may be in your county, agreeably to law: and whereas A. B. hath made oath [or affirmation,] that he does verily believe that E. F. is indebted to, [or hath property of, as the case may be,] the said C. D.; you are therefore commanded to summon the said E. F. agreeably to law, that he appear before G. H., a justice of the peace within said township, on the 18 , then and there to make answer, under oath or affirmation, touching the property and credits of the said C. D. within his knowledge or possession: hereof fail not; and of this writ make legal service and due return according to law: Given under my hand and seal, this day of day of [SEAL.] Justice of the peace in and for said township and county. Sec. 24. That the act allowing and regulating writs of at- Repeal tachment before justices of the peace, passed January first, one thousand eight hundred and sixteen, is hereby repealed. This act to take effect and be in force from and after the Effect first day of June next. JOSEPH RICHARDSON, January 7th, 1824. Ᏼ Speaker of the Senate: inquire of forei detainer AN ACT to regulate the action for forcible entry and detainer. Sec. 1. Be it enacted by the General Assembly of the State of Two justices to Ohio, Tha wo justices of the peace shall have authority to ble entry and inquire by jury, in the manner hereinafter directed as well agast those who make unlawtul and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same: and if it be found, upon such inquiry, that an unlawful and forcible entry hath been made, and that the same lands or tenements are held and detained with force, or that the same, after a lawful entry, are held unlawfully and with force, then such justices shall cause the party complaining to have restitution thereof. Complaint to be in writing Sec. 2. That when complaint shall be made in writing, to any two justices of the peace, of any unlawful and forcible entry into any lands or tenements, and detainer as aforesaid, or of any unlawful or forcible detainer of the same, after a peaceable entry, particularly describing the premises so entered upon or detained; they shall make out their warrant, under Justices to issue their hands and seals, directed to the sheriff, or in case of his absence or legal disqualification, to the coroner of the same county, commanding him to cause to come before them, six judicious, disinterested nen of the county, who shall be freeholders in said county; which warrant shall be in the following form, to wit: Warrant Form of warrant THE STATE OF OHIO, county, ss. A. B. and C. D., two of the justices of the peace in and for the said county of county, Greeting: , to Whereas, complaint is made to us, by E. F. of day of of said for forcible entry and detainer, of the lands and tenements, (or in the year A. B. Justices of the peace. Sec. 3. That where forcible detainer only shall be alledged In detainer, ten in the complaint, it shall be the duty of the complainant to nodays' notice to etify the defendant at least ten days prior to issuing the writ, to leave the premises: which notice shall be served by leaving a written copy with the defendant, or at his usual place of abode, when he cannot be found. given to defen. dant Sec. 4. That when the complaint shall specify both forcible Duty of jury In entry and detainer, it shall be the duty of the jury, if they finding verdict find a verdict of guilty, to designate in such verdict, whether they find the defendant guilty of forcible entry and detainer, or forcible detainer alone; and if the latter only, they shall also find whether the requisite notice had been given; and if such notice shall not have been given, the complainant shall not re cover costs. Justices to issue Sec. 5. That it shall be the duty of the justices, at the time they issue their warrant, to issue their summons to the party summous to the complained against; which summons shall state the cause of defendant complaint, and the time and place of trial: the summons shall be served upon the party complained against, or a copy thereof left at his usual place of abode, at least seven days before the How served day appointed by the justices for the trial; and if, after the service of such summons, the party does not appear to defend, the justices shall proceed to the inquiry in the same manner as if he were present: and when the jury shall appear, they shall be impanneled to inquire into the entry or forcible detainer complained of; and the justices shall lay before the jury the exhibited complaint; and shall administer an oath or affirmation to the jurors, to well and truly try whether the complaint of E. F., now laid before them, is true, according to the evidence. Oath of furers On verdict of against com. "guilty," judg: Sec. 6. That if, the jury shall find no part of the same true, they shall return a general verdict of not guilty; and it shall "not guilty," be the duty of the justices to render up judgment against the judgment complainant, and thereupon tax the bill of costs, and issue ex- plainant for ecution against the said complainant, returnable in twenty costs days: and if the jury shall find the same true, they shall return a general verdict of guilty, or they shall return a special ver On verdict of dict of such parts as they do find true; and the justices shall ment against de render up judgment for the complainant, to have restitution of fendant for cons premises, and costs; and shall, immediately after the expiration of ten days from the time of entering up said judgment of restitution, issue their writ of restitution accordingly. Sec. 7. That the said writ shall be in the form following, to wit: STATE OF OHIO, county, ss. A. B. and C. D., two of the justices of the peace in and of said county, Greeting: for said county, to the Whereas, at the court of inquiry of forcible entry and detainer, [or an unlawful and forcible detainer, as the case may in said county be,] held before us, of in the year of on the at day of ; the jurors impanneled and sworn according to law, did return their verdict of guilty: whereupon, it was considered by us, that the said E. F. should have restitution of the premises described in his complaint; [or any particular part thereof, as the case may be]: therefore, we require you, and restitution Form of writ of restitution |