attached,

to make oath in court.

how to be personal estate of such person, lodged or lying in the hands of his or her attorney, agent, factor, trustee or debtor shall be liable to be attached, to answer any just debt or demand; and the serving any person or persons, who have such personal estate in their hands, with a copy of a writ taken out against such absent or concealed person, shall be a good service of said writ; and the person so served with a copy, shall be obliged to render Garnishee an account upon oath of what estate he had of the defendant in his hands, at the time such writ was served, if any, or otherwise to make oath, that he had not, directly or indirectly, any such estate in his hands; which oath shall be made before the court to which such writ shall be Or out of brought, or one or more of the justices of said court or before either of the justices of the court of common pleas, in the county where he on whom such copy shall be served dwells, and be filed in the clerk's office in the county, where the action shall be brought, before the sitting of the court. And if such oath be made out of court, the plaintiff or his attorney shall be first notified by such judge, of the time and place of taking the same.

court.

Judgment

against abors how to

sent debt

be satisfied.

garnishee.

SEC. 2. And be it further enacted, That if it shall appear, by the account or oath of such person or persons, who have been served with the copy of any writ, against any absent or concealed person as aforesaid, that he or they had, at the time of the service of said writ, any of the personal estate of the defendant in his or their hands, then and in such case, the plaintiff after having recovered judgment against the absent or concealed person, may have his action By action against the person or persons in whose hands such peragainst the sonal estate appears to lie or be lodged, to recover so much as will satisfy the said judgment, with interest and costs, if there shall appear to be a sufficiency for the same. otherwise for so much as shall appear to be in such person's hands; and in case it shall appear, by the oaths of the garnishees, that several persons who have been served with copies of writs as aforesaid shall have of the personal estate of the defendant in their hands, that then the plaintiff, after judgment obtained, may have his action against either or all of such persons, as far as will satisfy said judgment, interest and costs, and no further: ProvidOr garni ed always, That the person or persons served with a copy shee may as abovesaid, may after final judgment against the absent or concealed person, satisfy such judgment, or any part thereof to the amount of the property attached in his

pay before action brought.

hands before any action shall be brought against him therefor.

to make

debt.

SEC. 3. And be it further enacted, That if any person or Garnishee persons, after having been served with a copy of such neglecting writ against any absent or concealed person as aforesaid, oath, to shall refuse or neglect to make oath as aforesaid, of what pay the personal estate he or they had of the defendant in his or their hands, at the time of the service of any such copy, the person or persons so neglecting or refusing shall be liable to satisfy the judgment that shall be obtained against any such absent or concealed person, out of his or their proper estate, to be recovered by a special action of the case: Provided always, That if it shall happen that sever- Proviso. al persons shall neglect or refuse to render an account upon oath as aforesaid, in the same case, that then the action shall be brought jointly against all such persons, and in no other manner.

fend the.

SEC. 4. And be it further enacted, That any attorney, Garnishee agent, factor, trustee or debtor, who shall be served with may dea copy of a writ against any defendant as aforesaid, shall suit. have liberty to file an answer to such action, and defend the suit in behalf and in the name of the defendant; and in case such action shall be answered, the court, if the defendant shall not return into this State, shall continue the action for one term; and if it shall appear, by the oath of the person or persons who have been served with a copy of any writ as aforesaid, that he or they have not any of the personal estate of the defendant in their hands, that then such action shall be dismissed, and the person who shall appear to defend said suit shall recover his costs.

shall be al

SEC. 5. And be it further enacted, That every person serv- Garnishee od with a copy of a writ for attaching the estate of anoth- lowed his er in his hands, shall be paid all lawful costs and charges costs. which he shall be at, in consequence of his being served with such writ of attachment, by the person who brings the action; and that so much of the said charge as shall be judged reasonable by the court before whom the cause shall be pending, shall be allowed in the bill of cost.

tices'

SEC. 6. And be it further enacted, That the same proceed- Proceedings respecting foreign attachments shall be observed in ings in jusjustices' courts as others: Provided always, That this act, courts. or any thing therein contained, shall not extend, or be Debt due deemed to extend, to attach any sum or sums of money &c. not atin the hands of any person who became indebted by bill tachable.

by note,

Garnishee may surrender specific articles in discharge.

Mariner's

wages not

liable until, &c.

Property of corpora

out the State lia

ble in the

hands of persons within.

of exchange, or hath given his negotiable promissory note for the same.

SEC. 7. And be it further enacted, That whenever it shall appear by the oath or affirmation of any person or persons served with the copy of any writ, as provided for by the first section, that the personal estate in his or their hands belonging to the defendant in such action, did not consist of money, but of one or more specific articles, it shall be lawful for such garnishee, after final judgment shall be rendered against the defendant, to surrender or deliver to the officer charged with the execution issued on said judgment, such specific articles, that the same may be taken thereon, and which shall be a good discharge to such garnishee.

SEC. 8. And be it further enacted, That mariners' wages shall not be liable to attachment under this act, until after the termination of the voyage in which such wages shall have been earned.

SEC. 9. And be it further enacted, That when any incortions with- porated company established without this State, shall be indebted to any person or persons, the personal estate of such incorporated company, lodged or lying in the hands or possession of any person or persons or body corporate, shall be liable to be attached, to answer any just debt or demand; and the serving any person or persons or body corporate, in whose hands such personal estate may be lodged or lying as aforesaid, with a copy of a writ as is hereafter prescribed, shall be a good service thereof.

Writs against,

issued.

SEC. 10. And be it further enacted, That whenever any how to be writ shall be sued out against any such incorporated company, for the purpose of attaching their personal estate as aforesaid, the plaintiff or his attorney shall, on the back of said writ, direct the officer who may be charged with the service thereof, to attach the personal estate of the defendants in the hands or possession of the person or persons, or body corporate, with whom the same may be And serv- lodged or lying; and the leaving an attested copy of said writ, with a copy of the officer's return thereon with such person or persons, and in case of a body corporate, if a bank, with the cashier thereof, if an insurance company, with the president or secretary thereof, and if any other corporate body, with the treasurer thereof, or person executing the duties of treasurer, shall be sufficient to attach said personal estate, and the same shall be thereby held to answer the said debt or demand.

ed.

garnishees

SEC. 11. And be it further enacted, That whenever any Corporate body corporate within this State, shall be served with the make copy of a writ as aforesaid, it shall be the duty, if a bank, oath. of the cashier thereof, if an insurance company, of the president or secretary thereof, and if any other corporate body, of the treasurer thereof, or person executing the duties of treasurer, so served with a copy as aforesaid, to render an account upon oath of what personal estate said body corporate had in their hands or possession at the time said writ was served, if any, or otherwise that they had not, directly or indirectly any such estate in their hands; which oath shall be made in the same manner as is prescribed in the first section of this act.

make oath,

SEC. 12. And be it further enacted, That whenever the Other gar personal estate of any incorporated company established nishees to without this State, shall be attached as aforesaid, the same &c. proceedings shall be had, and the rights, duties and obligations of the parties, and of the garnishees, shall be the same as is before provided in other cases by this act.

stock, &c.

Writ how

SEC. 13. And be it further enacted, That whenever any Bank body corporate established without this State, or when- liable to ever any person or persons shall reside or be absent out attachof this State, or shall conceal himself, herself or them- ment. selves therein, the stock or shares of any such body corporate, person or persons, in any bank, insurance company, or other incorporated company within this State, shall be liable to be attached to answer any just debt or demand; and whenever any writ shall be sued out as aforesaid, the served. plaintiff or his attorney shall, on the back of said writ, direct the officer who may be charged with the service thereof, to attach the defendant's stock or shares in such incorporated company; and the leaving an attested copy of such writ, with a copy of the officer's return thereon, if a bank, with the cashier thereof, if an insurance company, with the president or secretary thereof, and if any other corporate body, with the treasurer thereof, or person executing the duties of treasurer, shall be sufficient to attach such defendant's stock or shares in said company, and the same shall be held to answer the said debt or de. mand.

&c. to

SEC. 14. And be it further enacted, That whenever any in- Cashier of corporated company as aforesaid shall be served with a the bank, copy of such writ as aforesaid, it shall be the duty, if a make oath. bank, of the cashier thereof, if an insurance company, of the president or secretary thereof, and if any other cor

porate body, of the treasurer thereof, or person executing the duties of treasurer, to render an account upon oath to the court to which said writ shall be returnable, of what stock or shares the defendant or defendants had in said May be company, at the time of the service of such writ as aforecompelled said; and the said cashier, or president, or secretary, or to testify. treasurer, or person executing the duties of treasurer, as aforesaid, may be compelled to testify like witnesses in other cases: and when execution issues against the deExecution fendant or defendants, for any such debt or demand, the how to be officer charged therewith shall serve a copy of the same,

served.

Bank

stock, &c. en by ex

to be tak

ecution.

Lien

to be im

paired.

with his return thereon, if a bank, upon the cashier thereof, if an insurance company, upon the president or secretary thereof, and if any other corporate body, upon the treasurer thereof, or person executing the duties of treasurer, which shall be deemed a good and sufficient levy of such execution upon the stock or shares of the defendant or defendants in such company; and said stock or shares shall be advertised and sold (or so much thereof as may be necessary) in the same manner as other personal property attached on execution; and a deed or deeds thereof, given by the sheriff aforesaid, shall vest in the purchaser or purchasers all the defendant's right, title and interest in such stock or shares so sold as aforesaid; and said deed or deeds shall be duly recorded by the recording officer of such company.

SEC. 15. And be it further enacted, That the stock or shares of any body corporate established without this State, or of any person or persons whatsoever in any incorporated company within this State, shall be liable to be attached on execution duly obtained, like other personal property; and such execution being directed to the proper officer, according to law, he may levy the same in the manner set forth in the preceding section, upon any such stock or shares of the defendant or defendants to be found within his precinct; and shall proceed to advertise and sell and give deeds thereof, in the manner therein prescribed.

SEC. 16. And be it further enacted, That nothing in this therein not act contained shall be construed to destroy or impair any lien or claim which any incorporated company aforesaid, or any person or persons whatsoever, may have upon any such stock or shares so attached or levied upon as aforesaid; but the said lien or claim aforesaid shall be and remain as if this act had not been passed.