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plaintiff shall be non-suited, his suit discontinued, or judgment In what cases in be had against bim, the said garnishee shall recover costs: and shall recover
cosis, and how 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.
Sec. 14. That is the plaintiff will make oath or affirmation w before the justice issuing said attachment, that he is in fear a warrant shali 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.
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, chattels, rights, credits, men 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 is 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.
Sec. 16. That if upon proof made as aforesaid, it shall appear that a sum greater than the amount cognizable by a jus- be certified in tice of the peace, is due and owing to any one person, then, court of common and in that cảse, 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
ment for plaintiff and award
on ten days' no Lire
Justice to adjust
proportion to each creditor
allowed compen Gation
tor may proceed
Perishable arti. ment, shall be kept without sale, in such manner as the justice cles inay 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.
Sec. 18. That the justice shall have power to audit and ad
must just all accounts and demands of the plaintiff and creditors of demands, and Jus pay an equal 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 suflicient 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 compen
mpen sation as shall appear to bim just and reasonable, for services
not otherwise provided for by law.
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, creditor's 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 elosts, 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 jus. tice, 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, fc. al- the possession of a consignee, the lien of the consignee shall
not therehy be taken away.
Sec. 22. That if on the return of an attachment issued nee, his against the goods, chattels, rights, credits, moneys and effects lien Justice may cer- of an absconding debtor, it shall appear to the justice that
len there were no goods, chattels, rights, credits, moneys and efgoods, and writ fects, or not a sufficiency whereon to levy, the justice, on the
application of the plaintiff, shall certify his proceedings therein to the next court of common pleas for the proper county: wbereupon an attachment shall issue from said court, and be executed 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..
may issue against lands
Sec. 23. That in all cases where a writ of attachment is com la 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 writ and applicable; and the justice shall, in all cases, indorse on the back of said writ the amount of the sun 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 euter a judgment of non suit.
Form of a writ.
th said C. D. absconds, to the injury of his creditors, for 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 ettei ts of the said C. D, which inay 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 day of
,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 posz-ssion: hereof fail not; and of this writ make legal service and due return according to law: Given under my hand and seal, this
G. H., Justice of the peace in and for said township and county. Sec. 24. That the act allowing and regulating writs of at- Repeat tachment before justices of the peace, passed January first, one thousand eight hundred ad sixteen, is hereby repealed.
This aet to take etfect and be in force from and after the effect first day of June next.
Speaker of the Senate:
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 jauticos to Ohio, Tha wo justices of the peace shall bave authority to Inquire of forei. ble entry and inquire by jury, in the manner hereinafter directed, as well
agaust those who make unlawtul and forcible entry into lands and tenements, and detain the same, as against those who, have ing a lawful and peaceable entry into lands or tenements, unlawfull, and by force hold the same: and if it be tound, 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.
Sec. 2. That when complaint shall be made in writing, to Complaint to be
be any two justices of the peace, of any unlawful and forcible in writing
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 bands and seals, directed to the sheritf, or in case of his
absence or legal disqualification, to the coroner of the same
, of said, county, Greeting:
Whereas, complaint is made to us, by E. F. of for forcible entry and detainer, of the lands and tenements, (or forcible detainer, as the case may be,) of the said E. F.: You are therefore commanded; on the behalf of the State of Ohio, to cause to come besore us, upon the day of , at
, in the said county, six judicious, disinterested men of the county, who shall be freeholders in the same, to be impanneled and sworn, to inquire into the forcible entry and detainer, (or the forcible detainer only, as the case may be,) aforesaid. Given under our hands and seals, the day of , in the year
A. B. ,
Form of warrant
su 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 no. days' notice toe tify the defendant at least ten days prior to issuing the writ, to given to defen
leave the premises; which notice shall be served by leaving a written copy with the defendant, or at his usual place of abode, wben he cannot be found.
h of furors
Sec. 4. That when the complaint shall specify both forciblery, 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 recover costs. Sec. 5. That it shall be the duty of the justices, at the time
Justices to troue they issu their warrant, to issue their suminous 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 evi. dence.
Sec. R. That is the jury shall find no part of the same true, on verliner they shall return a general verdict of not guilty; and it shall not guilty." be the duty of the jastices to render up judgment against the judgment complainant, and thereupon tax the bill of costs, and issue explainant 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 Or
"guilty," judg: 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 coats premises, and costs; and shall, immediately after the expiration of ten days from the time of entering up said judgment of restitutioa, 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 for said county, to the
of said county, Greeting:
ng Form of writ of
Whereas, at the court of inquiry of forcible entry and detainer, for an unlawful and forcible detainer, as the case may be, held before us,
in said county of · on the day of
in the year 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; for any particular part thereof, as the case may be]: therefore, we require you,