Goods not to be removed if Bond given. 4 Cushing, 430. 7 Barb., S. C. R., 253. inventory certified by him, at the last place of residence of the defendant, if there be any such place within the county, and if not, then by leaving the same with any person in whose possession such goods and chattels, moneys and effects, may be found. (3681.) SEC. 29. No goods or chattels attached shall be removed by the constable, if a bond be executed and deliv20 Wendell, 238. ered to him by any person, with sufficient surety to be approved by such constable, in a penalty at least double the sum stated in the attachment to have been sworn to, conditioned that such goods and chattels shall be produced to satisfy any execution that may be issued on any judgment that shall be recovered by the plaintiff upon such attachment; and thereupon the officer shall deliver the property attached to the person executing such bond. Claimant of goods may give Bond. Ill. 3 Denio, 185. (3682.) SEC. 30. If any person other than the defendant shall 13 I. Rep., 20. claim any goods or chattels attached by a constable, he may, after such seizure, and at any time before execution shall have been issued upon the judgment obtained on such attachment, execute a bond to the plaintiff with sufficient sureties to be approved by the constable or by the Justice who issued the attachment, in a penalty double the value of the property attached, conditioned that in a suit to be brought on such bond, within three months from the date thereof, such claimant will establish that he was the owner of the goods seized at the time of the seizure, and in case of his failure to do so, that he will pay such plaintiff the value of the property so attached, with interest. Property to be delivered up given. (3683.) SEC. 31. Upon either of the bonds aforesaid being when Bond is executed and delivered to the constable, he shall deliver up the property seized by him to the obligor in such bond. When attach- (3684.) SEC. 32. If the attachment be returned personally ally served, how served upon any of the defendants, the Justice shall proceed to proceed. therein in the same manner as upon a summons returned ment is person When attachment not person be continued. personally served. (3685.) SEC. 33. If the attachment shall not be personally ally served, cause served upon any of the defendants, and none of the defendants shall appear on the return day thereof, the Justice shall continue the cause for not less than thirty, and not exceeding ninety days; and in such case, no hearing shall be had or judgment rendered thereon, until the expiration of that time, unless the defendant shall sooner appear and request a trial; in which case the Justice shall appoint a day for the trial of such suit, and cause notice thereof to be given to the plaintiff. (3686.) SEC. 34. When there are several attachments against several attachthe same defendant in the hands of the same officer, they shall same defendant. be executed in the same order in which they were received by the officer. ments against ments of same 16 Mass. R., 181. (3687.) SEC. 35. Different attachments of the same property Different attachmay be made, and one inventory shall be sufficient; the lien property. of the attachments shall be in the order in which they were 11 Pickering, 525. served, and the subsequent attachments shall be served on the property as in the hands of the officer, and subject to the prior attachment; the Justice who issued the attachment having the priority of lien, shall determine all questions as to priority of liens on the property attached. ishable property (3688.) SEC. 36. When the cause is continued, as provided Animals or perfor in the thirty-third section, and it shall appear that any of attached. the property taken under the attachment consists of animals or perishable property, the Justice may make an order directing the officer having the custody thereof to dispose of the same, as upon execution, and the money realized therefor shall be paid over to the Justice, and applied as other money realized from the sale of the property attached, is applied. (3689.) SEC. 37. The plaintiff shall not have judgment in When plaintiff to any such action, except in some one of the following cases, to wit: 1. When the property of the defendants, or one of them, if there are several, shall have been attached in the county where the action is brought; or: 2. When the defendant, or one of them, where there are several, shall have been personally served with process, or shall have appeared; or: 3. When a garnishee shall have been summoned, who shall be found indebted to the defendant or defendants, or to have property or effects in his hands, subject to the attachment. have judgment. be attached, not (3690.) SEC. 38. The return, that no property was found on if no property the attachment, shall not affect the proceedings against the to affect gargarnishee. nishee. pear before judgBond, property (3691.) SEC. 39. If, at any time before judgment, the defend- If defendant apant shall appear and answer to the action, and shall give a ment and give bond to the plaintiff, in a penalty double the amount claimed to be discharged. by the plaintiff, with one or more sureties, to be approved by the Justice, conditioned to pay any judgment the plaintiff may recover against him in the action, within thirty days after Return of process, how made. Inventory. Affidavit for Garnishee. the rendition thereof, the Justice shall thereupon make an order discharging the property attached. (3692.) SEC. 40. The constable serving a summons, warrant, attachment, or other process, shall return thereon, in writing, signed by him, the time and manner of executing the same; and, in case of a warrant, he shall in such return state the fact whether he has or has not notified the plaintiff. (3693.) SEC. 41. In case of an attachment, the officer shall also return a copy of the inventory of the property attached, certified by him, and any bond which may have been executed and delivered to him pursuant to the foregoing provisions. (3694.) SEC. 42. If the plaintiff, or any other credible person, shall make and attach to the writ an affidavit, stating therein that the defendant has good reason to believe that any person (naming him) has property (describing it) in his possession belonging to the defendant, or that he is indebted to the defendant, the officer shall leave with such garnishee, or at his place of abode, a copy of the writ of attachment and of such affidavit, with a written notice that he appear in Court on the return day mentioned in such attachment, and answer under oath all questions put to him touching his indebtedness to the defendant, and the property, money, credits and effects of the defendant in his possession, and within his knowledge; and the said garnishee, from the time of the service of said See Sec. 3922, notice, shall stand liable to the plaintiff in attachment, to the amount of the property, money, credits and effects in his Service of notice hands, or due from him to the defendant. The service of such mencement of notice shall be deemed the commencement of a suit against nishee. such garnishee; and upon the return of the constable that 3923. deemed c om suit against Gar not appear, sue. such notice has been duly served, the Justice shall enter such suit on his docket as in other cases, the plaintiff in attachment If Garnishee does being named as the plaintiff therein; and if such garnishee Warrant may is does not appear in Court as required, it shall be lawful for the Justice to continue the suit so commenced against him to some other day, not exceeding three months, and may, in his discretion, issue a warrant to bring the said garnishee before him; which warrant shall require the constable, after he shall Notice to plain- have arrested the garnishee, to notify the plaintiff in attachment of the arrest, and shall be served and returned as other warrants issued by Justices of the Peace; on the appearance of the said garnishee before the Justice, it shall not be necessary for the plaintiff to declare against him, but the affidavit and notice aforesaid shall be deemed sufficient tiff. timony taken and declaration in the cause, and the Justice shall forthwith, or Declaration. on the day to which he may adjourn the same, as in other cases (but so as not beyond the time fixed for the trial of the suit in attachment), proceed to examine the garnishee, and all witnesses produced on either side in that behalf, touching the matters alleged in the affidavit aforesaid, and shall take minutes Minutes of tesof all such testimony, and file the same with the case, in his suit continued. office; and after such examination is concluded, the suit against the garnishee shall be continued until the action against the defendant in attachment shall be determined; and the garnishee may appear for said defendant in said suit, and defend the same; and if the plaintiff recover against the defendant in attachment, and the said garnishee deliver to the officer executing the writ of attachment all the property and effects in his possession belonging to such defendant, and pay all moneys due from him to the said defendant, at the time notice was served on said garnishee, or so much of said property and moneys as may be necessary to satisfy said judgment against said defendant, and all costs, then the costs Costs. which may have accrued against the garnishee in such suit, shall be paid out of the effects in the hands of the officer. But if the garnishee will not deliver over said property, and pay such money as aforesaid, judgment shall be given against Judgment him in the suit commenced by notice as aforesaid, in favor of against Garthe plaintiff therein; which judgment shall, when the value of such property and effects, or the money due by such garnishee to the defendant in attachment, is less than the amount of the judgment in attachment for damages and costs, be to the amount of such value or money, with costs of suit; but in other cases, for the whole amount of the damages and costs in attachment, together with full costs of the suit against such garnishee, and execution shall issue on such judgment Execution. as in other cases. nishec. replevin. (3695.) SEC. 43. Whenever any plaintiff, his agent, or attor- Jurisdiction in ney, shall make and file an affidavit with the Justice, setting forth that his personal goods and chattels, not exceeding in value one hundred dollars, have been unlawfully taken, or are unlawfully detained by any other person, specifically describing such property, and giving the value thereof, and stating that the plaintiff is lawfully entitled to the possession of said property, that the same has not been taken for any tax, assessment or fine, levied by any law of this State, nor seized under any execution or attachment against the goods Replevin Bond. See Chapter 152. and chattels of such plaintiff liable to execution, and claiming damages for the detention of the same, or taking the same, not exceeding one hundred dollars, in addition, and shall file with such Justice a bond with sufficient surety or sureties, to be approved by the Justice and payable to the defendant, in a penalty at least double the value of such as sworn to in the affidavit, and not less than one hundred dollars, with the condition prescribed in section ten, of the one hundred and twenty-fourth chapter of the Statutes, the Justice shall issue Writ of replevin a writ of replevin directed to any constable of the county, commanding him to take the property described and return the same forthwith to the plaintiff, and that he summon the defendant to appear at a time and place therein to be named, before such Justice, to answer the said plaintiff concerning the unlawful taking or detention of the said goods and chattels. to issue. when returnable. Writ of replevin, (3696.) SEC. 44. Such writ shall be returnable not less than six, nor more than twelve days from the date of the same, and shall be served not less than six days before the return thereof. Execution in replevin, when returnable. Damages and value of prop tained. (3697.) SEC. 45. All writs of execution in actions of replevin shall be returnable in the same time as other executions issued by Justices. (3698.) SEC. 46. The damages and value of the property erty, how ascer- mentioned in the thirty-third and thirty-fourth sections of said No exceptions to chapter shall be ascertained by the Justice, and no notice thereof shall be necessary, nor shall any exceptions be taken to the sureties of the plaintiff in the bond taken by the Justice. sureties. to apply to pro Certain Chapter 3699.) SEC. 47. In all cases not in this chapter specially ceedings in re- provided for, proceedings in replevin before a Justice shall be governed by the said one hundred and twenty-fourth chapter. plevin. Chap. 152. A ctions against (3700.) SEC. 48. All actions against Corporations, except 3 Mich. Rep., Municipal Corporations, shall be cognizable before a Justice of the Peace, in like manner and with the like restrictions as the 433. against Corpora same are or may be by law before a Justice of the Peace when brought against an individual. First pro cess (3701.) SEC. 49. The first process against a Corporation shall tions, how served. be a summons, and shall be served by leaving a copy thereof with the President, Cashier or Secretary, or other principal officer of such Corporation, or by leaving such copy at the banking house or office of such Corporation; and upon return |