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they had of the defendant in their hands at the time such writ was served, if any, or otherwise to make oath that they had not, directly or indirectly, any such estate in their hands; which oath shall be made before the court to which such writ shall be brought, or before any justice of the supreme court, or any justice of the court of common pleas in the county where he on whom such copy shall be served dwells or corporation is located, 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 justice of the time and place of taking the same, and, in all cases, the person so making oath shall be subject to examination by either party to the suit.
SEC. 22. Whenever any body corporate within this state shall be served with a copy of a writ as aforesaid, it shall be the duty, if a bank, 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, 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 preceding section of this act.
Sec. 23. If it shall appear by the account or oath of any person or body corporate or by the account or oath of any member of any firm or copartnership served with a copy of a writ as aforesaid, that at the time of the service of said writ, such person, body corporate, firm or copartnership, had any of the personal estate of the defendant in their hands, then and in such case, the plaintiff, after having recovered judgment against such defendant, may bring his action against such garnishee, to recover so much as will satisfy such judgment with interest and costs, if there shall appear by said account to be a sufficiency for the same, otherwise for so much as shall appear by said account to be in his hands : and if it shall appear that several garnishees had property of the defendant as aforesaid, then the plaintiff may sue each separately, and recover the amount in his hands, until such plaintiff receive full payment of his judgment against the defendant with interest and costs : provided always, that any garnishee, after final judgment against the defendant, may satisfy such judgment or any part thereof to the amount of the estate attached in his hands, before any suit shall be brought against him therefor:
SEC. 24. If any person, body corporate, firm or copartnership, after being served with a copy of any writ against any absent or concealed person or foreign corporation as aforesaid, shall neglect or refuse to render an account on oath as aforesaid, of what personal estate of the defendant they had in their hands at the time of the service of such copy, such garnishee shall be liable to satisfy the judgment that the plaintiff shall obtain against the defendant in such writ, to be recovered by special action on the case. If several garnishees shall neglect or refuse to render an account upon oath as aforesaid in the same case, then the plaintiff shall bring his action against all such garnishees, jointly, and in no other
Sec. 25. Any attorney, agent, factor, trustee or debtor, who shall be served with a copy of a writ against any defendant as aforesaid, shall have liberty to file an answer to such action and defend the suit in behalf and in the name of the defendant. In case any such action shall not be answered, and the defendant shall not return into this state before the return day of such writ, the court shall continue the action one term, and the defendant shall have a right to answer the same six days previous to the term to which such case shall be continued. "If it shall appear by the oath of the person or body corporate or by the oath of any member of any firm or copartnership as aforesaid, who have been served with a copy of any writ as aforesaid, that they had not any of the personal estate of the defendant in their hands, then such action shall be dismissed, and the person who shall appear to defend said suit shall recover his costs.
Sec. 26. Every person, body corporate, firm or copartnership, served with a copy of a writ for attaching the estate of another in their hands, shall be paid all lawful costs and charges which they shall be at in consequence of their being served with such writ of attachment, by the person who brings the action; and so much of 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.
Sec. 27. Whenever it shall appear by the oath of any person, or body corporate, or by the oath of any member of any firm or copartnership, served with a copy of any writ, as provided for by the twenty-first section of this act, that the personal estate in 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. 28. 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; nor shall any debt which is secured by bill of exchange or negotiable promissory note.
Sec. 29. The stock or shares of any body corporate established out of this state, and the stock or shares of any person who shall reside or be absent out of this state, or shall conceal himself therein, in any bank, insurance company or other incorporated company within this state, shall be liable to be attached to answer any just debt, claim or demand ; and whenever any writ shall be sued out 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 defendant's stock or shares in such incorporated company; and the leaving an attested copy of such writ, with a copy
of the plaintiff's direction 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, claim or demand.
Sec. 30. Whenever any incorporated company as aforesaid shall be served with a copy of such writ as aforesaid, it shall be the duty, if a bank, 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, to render an account, upon oath, to the court to which said writ shall be returnable, of what stock or shares the defendant had in said company at the time of the service of such writ, as aforesaid ; and the said cashier, or president, or secretary, or 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 defendant for any such debt, claim or demand, the officer charged therewith shall serve a copy of the same, 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 in such company; and the said stock or shares shall be advertised and sold, (or so much thereof as shall be necessary,) in the same manner as other personal property attached on execution; and a deed or deeds thereof given by the officer aforesaid shall vest in the purchaser all the defendant's right, title and interest in such stock or shares so sold as aforesaid ; and said deed shall be duly recorded by the recording officer of such company.
Sec. 31. The stock or shares of any body corporate established without this state, or of any person 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 stock or shares of the defendant to be found within his precinct; and shall proceed to advertise, and sell, and give deeds thereof, in the manner therein prescribed.
Sec. 32. Nothing in this act contained shall be construed to destroy or impair any lien or claim which any incorporated company aforesaid or any person 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.
Sec. 33. The same proceedings respecting foreign attachments shall be observed in justice's courts, as in the supreme court or in any court of common pleas.
Sec. 34. When any incorporated company established without this state shall be indebted or liable to any person,
the personal and real estate of such company within this state shall be liable to be attached and held to answer any just debt, claim or demand ; and a writ directed to the proper officer may be issued by any competent court, commanding such officer to attach the goods and chattels or real estate of such corporation, to the amount named in such writ; and also to summon said corporation to appear at the proper court, by leaving a copy of the summons with any known agent of said corporation in this state.
Sec. 35. Upon making such attachment, the officer making the same shall leave an attested copy of such writ with the person in possession of such goods and chattels or real estate, if any person be in possession ; and if real estate
be attached, he shall also leave an attested copy with the town clerk of the town where the real estate is situated.
Sec. 36. If there be no agent or attorney of such corporation within this state known to such officer, upon whom such summons can be served, he shall publish a notification of such attachment for the space of two weeks, once a week, in some newspaper printed in the town nearest the place where the real or personal estate may be situated, and state all the facts in his return, to the end that the court may order further notice if they shall deem the same necessary. SEC. 37.
Whenever final judgment for any sum shall be rendered by any court against any incorporated company, (except corporations for charitable, literary or religious purposes, and banks,) execution on such judgment shall be issued against the goods, chattels and real estate of such corporation; and when any such execution shall be, by the officer charged with the service thereof, returned that he cannot find sufficient property of such corporation whereon to levy the same, it shall and may be lawful for the party in whose favor such judgment shall have been rendered, to sue out of the clerk's office of the court in which such judgment was rendered, a writ of scire facias against the president and directors of such corporation, if any such there be, and if none, then against so many of the stockholders thereof as he may think fit; returnable to the next term of said court; and on the return thereof, unless such president and directors or stockholders shall make it appear that they had not, at the time of the service of such writ of scire facias, within their possession and control, sufficient property of such corporation to satisfy said judgment or any part thereof, said court shall issue execution against such president and directors or stockholders, for the amount of such judgment, with interest and cost as for their own private debt; but if it shall appear that such president and directors or stockholders had property as aforesaid to satisfy part of said judgment only, then execution as aforesaid shall issue for such amount with costs.
Sec. 38. An original summons shall be served by reading the same to the person to be summoned, or by leaving an attested copy thereof at his last and usual place of abode, by the officer to whom the same shall be directed ; said writs, if against any company incorporated in this state, shall be served by leaving an attested copy thereof, 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 or person executing the duties of treasurer thereof, un