Proceedings where the

county.

efits of this act shall be extended to plaintiffs in any suit or judgment which may be pending or rendered in any court hereafter established by the legislature in any corporate town in this State.

An Act to amend an Act to authorize Parties Plaintiffs to issue Summons of Garnishment in certain cases, as in cases of Attachment, passed December twenty-third, eighteen hundred and twenty-two.This act passed Dec. 20, 1823. Vol. IV. 212.

28. Sec. I. When parties plaintiffs, their agents, or attorneys, ingarnishee re- tending to avail themselves of the benefit of the above-recited act, shall sides in the file his, her, and their affidavit of the amount of his, her, or their debt or demand, in the office of the clerk of the court, or justice of the peace, in which the suit or suits is or are pending, or in which the judgment or execution was obtained on which garnishments are intended to issue, it shall be the duty of the clerk of such court, or such justice of the peace, as the case may be, to deliver to such plaintiffs, their agents, or attorneys, a certified copy of such affidavit, which, when placed in the hands of the sheriff, or his deputy, or a constable, in case such certified copy shall be signed by a justice of the peace, shall be sufficient to authorize said sheriff, deputy sheriff, or constable, and they are hereby required forthwith to make out, sign, and serve a summons of garnishment on any person or persons who may be indebted to the defendant or defendants in such suit, judgment, or execution; Provided, that the person or persons intended to be garnisheed reside in the county in which such suit or suits is or are pending, or in which such judgment or execution is obtained.

Where he resides out of. the county.

Garnishees

to answer at the return germ.

29. Sec. II. Where persons indebted to a defendant or defendants in any suit pending, or judgment or execution obtained, in any of the courts of law or equity in this State, reside in a different county from the one in which suit is pending, or such judgment or execution is obtained, the parties plaintiffs, their agent, or attorneys, shall make and file his, her, or their affidavits of the amount claimed to be due in the office of the clerk of the court, or justice of the peace, where such suit is pending, or such judgment or execution is obtained; and it shall be the duty of such clerk or justice of the peace to deliver to such plaintiff, his agent, or attorney, a certified copy of said affidavit, which shall be placed in the hands of the sheriff, deputy sheriff, or constable, as the case may be, of the county in which the person or persons so indebted and intended to be garnisheed may reside; and such sheriff, deputy sheriff, or constable shall forthwith make out, sign, and serve a summons of garnishment on the person or persons so indebted, returnable to the next Superior, or Inferior, or Justice's Court of the county or district in which such garnishee may reside, under the restrictions and in the manner pointed out in the before-recited act; Provided always, that such garnishment shall be made returnable to a Superior, Inferior, or Justice's Court, as it would have been had such garnishee resided in the county in which the suit is pending, or the judgment or execution was obtained on which such summons of garnishment is founded; and any person or persons so garnisheed shall appear at the court to which such summons of garnishment is returnable, agreeably to the provisions of the before-recited act.

30. Sec. III. All persons duly summoned as garnishees under this act, or the one to which this is an amendment, shall be bound to make their returns at the term to which such summons of garnishment shall be returnable;* Provided, that in all cases when summons of garnish

* And see Sec. 41 and 42.

may be dis

ment shall issue, it shall be lawful for the defendant or defendants to How the dissolve said garnishment, by giving bond and security for eventual garnishment condemnation money and cost of suit to the plaintiff, his agent, or solved. Applicant to attorney; and provided also, that in all cases the applicant for sum- give bond. mons of garnishment, his, her, or their agent, or attorney at law, shall give bond and security as in cases of attachment.

clause.

31. Sec. IV. All laws and parts of laws, so far as they militate Repealing against this act, are hereby repealed.

An Act to amend the several Attachment Laws of this State, so far as to permit persons whose property may be insured in Insurance Offices, carried on by Agents in the State of Georgia, whenever a dispute shall hereafter arise between the insurers and the insured, to issue an attachment against the goods, property, or effects of said Insurance Company, and to garnishee its Agent or Agents.-Passed Dec. 19, 1829. Vol. IV. 228.

Whereas, disputes have arisen and may hereafter arise between In- Preamble. surance Companies, whose business is carried on in this State by agents, as to the amount of loss which they may have sustained by fire or otherwise; and whereas, when such disputes do arise, the insured is compelled at great expense and almost a total loss of his insurance, to prosecute his rights in the country or State where the Insurance Company hath been incorporated, to the manifest injustice of the rights of the citizens of this State, and to their great inconvenience; for remedy whereof.

32. Sec. I. Be it enacted, That from and after the passage of this act, Attachments

it shall and may be lawful for any person or persons, who may hereafter may issue

against the

insurers in

certain cir

led by the

any Insu

insure his, her, or their property or effects in any Insurance office or com- property of pany, carried on by agents in the State of Georgia, when any dispute certain cases, shall or may hereafter arise from any cause whatsoever between the and under said insurers and the insured, either in relation to the amount of loss cumstances. claimed, or the justness of the claim or demand, after he, she, or they shall have first complied with the rules and regulations of said insurance office or company contained in the policy, as to notice and loss, to issue an attachment against said company upon refusal or neglect to pay said loss to the amount claimed by the insured, so that the same do not exceed the amount contained in the policy, in the same The amount manner, and under the like restrictions, as are pointed out in the to be controlattachment laws of this State, passed 18th day of February, 1799. policy. 33. Sec. II. Upon said attachment being issued out as aforesaid, The agent of it shall and may be lawful for the said plaintiff in attachment to sum- rance Office, mon the agent or agents of such insurance office or company in writ- &c. may be summoned as ing, to appear at the term of court to which the said attachment shall a garnishee, * under the pebe made returnable, under the penalty of an attachment for contempt,' nalties of an then and there to answer upon oath what he, she, or they are indebted attachment to, or what effects of said office or company he or they had in his or their hands at the time of issuing said attachment, and hath or have at swer, &c. the time of making his, her, or their return under oath as aforesaid; and if the said agent or agents shall deny being indebted to, or having in his, her, or their hands any property or effects belonging to said office or company at the time of issuing the attachment, and at the time of making his return under oath as aforesaid, it shall and may be lawful for the said plaintiff in attachment to traverse such denial in the same manner, and under the like penalty, as is prescribed in the second section of the attachment law as aforesaid.

* And see Sec. 41 and 42.

for a contempt to an

How such attachment

give bond, &c.

assignable.

34. Sec. III. That it shall and may be lawful for the said commay be dis- pany against whom said attachment may issue, or their agent or solved. The agents, upon the same being issued, to dissolve such attachment; the Company to said company against whom it shall issue giving bond and security to the sheriff or other officer authorized to receive the same, in double the amount claimed for the eventual condemnation money, and all Bond to be costs, which bond so given shall be, and is hereby declared to be assignable by said sheriff or other officer to the plaintiff in attachment, upon the said agent or agents of said company failing or refusing to pay or cause to be paid to the said plaintiff or his attorney, within thirty days after the rendition of a final judgment against said comSuit when to pany or said claimant, the amount of said judgment and all costs; and be commenc- the said plaintiff in the said attachment is hereby authorized forthwith to commence an action of debt on said bond against said company and its securities, and shall and may recover judgment on said bond for the amount of said original finding against said principal and securities as aforesaid, jointly or severally, according to the existing laws of this State in such cases made and provided.

ed on bond.

Repealing clause.

Judgment to

the garnishee

acknowledg

35. Sec. IV. All laws or parts of laws militating against this law, are hereby repealed.

An Act to authorize the several courts of law and equity of this State, to award judgment against garnishees, in certain cases, and to point out the mode whereby such garnishees may be relieved from the operation of said judgment.-Passed Dec. 21, 1830. Pam. 62.

36. Sec. I. In all cases arising under the laws of this State, which be entered vs authorize summons of garnishment to be issued, when the garnishee for what he shall return on oath, that he or she hath in hand goods or effects of the es he has in debtor, he or she shall state in his or her deposition the value of the his hands; same, and the court to which the same may be made returnable, shall surrender it proceed to award judgment against said garnishee, for the value of said in discharge. effects, as stated in said deposition: Provided nevertheless, That the said garnishee may discharge said judgment, by delivering to the officer, having the execution in hand, the goods or effects so by him or her deposed to be in his or her possession.

but he may

Issue may be made to try

fects.

37. Sec. II. The plaintiff at whose instance the said summons the value of shall have been sued out, may make up an issue on said deposition goods or of which shall be submitted to a jury, and the said jury shall render a verdict for the value of such goods, or effects as may be proved to be in the hands of the garnishee, or for the value of such goods or effects as may by him or her, be admitted to be in hand, and the court shall proceed to give judgment accordingly, which said judgment may be discharged in the manner prescribed in the first section of this act.

Attachment bond to be in double the am't sworn.

38. Sec. III. All laws and parts of laws, militating against this act, are hereby repealed.

An Act to amend and explain the second section of the Attachment law of this State, passed on the eighteenth of February, seventeen hundred and ninety-nine.-Passed Dec. 24, 1833. Pam. 36.

Whereas different constructions have been made in the courts of this State in regard to the precise amount, for which the attaching creditor's bond should be given; for remedy whereof,

39. Sec. IV. Be it enacted, From and after the passage of this act, all plaintiffs in attachment, their agents or attorneys at law, or in fact, shall give to the defendant in attachment, bond and security, at

the time of issuing the attachment, in a sum at least equal to double the amount sworn to be due, or to become due, by the attaching creditor. 40. Sec. V. All laws or parts of laws militating against this act are hereby repealed.

An Act to amend the several acts relative to the issuing of summonses of garnishment and proceedings against garnishees.-Passed Dec. 22, 1834. Pam. 79.

garnishees

41. From and after the passing of this act, in all cases, in any of Defaulting the courts of this State, where any person or persons shall fail to an- subject to swer, after being duly summoned as garnishee or garnishees, the court, rule nisi, and then to judgupon motion of the plaintiff or his attorney, shall pass a rule or order ment unless requiring the garnishee or garnishees to answer at such time as the cause shown. court may direct, or show cause why judgment should not be entered against him, her, or them for the amount of the plaintiff's demand and costs, which rule shall be served by the sheriff or his deputy; and if the garnishee or garnishees shall fail to answer or show cause at or by the time limited in the said rule or order, the court shall enter judgment against the garnishee or garnishees for the amount of the plaintiff's judgment with costs.

42. Sec. II. The clerk and sheriff shall be entitled each to the And costs. sum of one dollar for the entry and service of such rule or order as is prescribed in the first section of this act, which fees each garnishee shall be compelled to pay before his answer is received by the court; and when the garnishee shall answer to the summons of garnishment, in compliance with the said rule or order, the same proceedings shall Subsequent be had as if he had answered in due time without the passing of any to be as such rule or order by the court.

proceedings

usual.

Sec. III. In all cases whatsoever, either at law or in equity, the Garnishment plaintiff or complainant shall be permitted to issue summonses of garin any suit. nishment upon complying with the terms of the law now of force, regulating the issuing of the same, whether the subject matter of the suit be a debt or not.

Sec. IV. All laws and parts of laws militating against this act, are hereby repealed.

An Act, to amend the several acts regulating attachments in this State, and to regulate proceedings in certain cases where the plaintiff shall die after rendition of Judgment.-Passed Dec. 29, 1835. Pam. 36.

sue out

and give

at

43. Sec. I. From and after the passage of this act, in all cases Agents or atwhere attachments may issue, under the laws of force, it shall and torneys may may be lawful for the same to issue upon the oath of the creditor, or tachments his agent or attorney in fact or at law, by swearing, to the best of his bond. belief, from the evidence in his possession, and the said agent or attorney in fact or at law shall be, and is hereby authorized to execute, in the name of the creditor, the bond now required by law.

to be in

claimed.

44. Sec. II. In all cases where any property levied on by an attach- Claim bonds ment shall be claimed, such claimant or claimants shall give bond, double the with security in double the value of the property claimed, to be esti- value of the mated by the officer making the levy, and the claimant shall be entitled Prod to the possession of such property so claimed, upon giving to the officer levying the attachment, bond with good security in the sum aforesaid, payable to the plaintiff, for the forthcoming of such property at the time and place; Provided, the same be found subject to the attach- Plaintiff's ment, and if the property shall not be produced, the plaintiff or plain- the bond.

remedy on

All attach

Sup. or Inf.

be directed

to all the

constables of

tiffs, his, her, or their executors or administrators may recover on said bond the amount of the judgment obtained on such attachment including principal, interest and cost, together with all interest and cost accruing after the rendition of judgment: Provided, always, that no recovery shall be for more than half of the amount of such bond with interest thereon from the date of the levy.

45. Sec. III. All attachments hereafter issued returnable to either ments to the the Superior or Inferior Courts of the State, shall be directed to all Courts, shall and singular the sheriffs and constables of this State, that an original attachment and shall issue, if the plaintiff or plaintiffs shall decopy sheriff's and sire, for any other county or counties besides the one in which the the State. first original attachment shall be issued, and when a levy or levies shall Originals and be made by virtue thereof, the copy attachments shall be returned to copies how the court to which the first original may be returnable, and such other original shall be returned to the like court in the county in which the levy may be made, and such proceedings shall be had in said court against the property levied upon, or any garnishee, as if the first original attachment had been returned thereto.

returned and tried.

Judgment

ing on persons and

property.

46. Sec. IV. Judgment on attachment shall bind no other property how far bind- than that attached, nor shall the person or property of the defendant other than that attached be liable to payment of such judgment, unless the defendant shall come in terms of the law, and be made a party to such attachment: Provided, also, in all such cases of attachments, when the defendants shall return to the county where said attachments are proceeding, and ten days' notice being given to the defendants, personally, by the plaintiff, his attorney, or any legal officer, of the proceedings on said attachments, previous to final judgment on the same, and in all such cases of attachments, when notice shall have been given, and the defendant or defendants shall refuse or fail to appear and defend said suit or suits, personally or by attorney; then, in all such cases of attachments, the judgments on the same shall not only bind the property attached, but all the property of such defendant or defendants.

Certain property of debtors ex

attachment.

47. Sec. V. In all cases of levy, by virtue of process of attachment, poor the officer levying the same, shall, under the same rules, regulations empted from and restrictions, reserve and exempt from levy and sale, like articles as are now, by the laws of the State, exempted under fi. fa. for the benefit of debtors' families, any usage, custom, or practice, to the contrary, notwithstanding: Provided, that such debtor's family shall not have absconded or removed beyond the limits of the county where such debtor, or his family may usually have resided.

Proviso.

executor or

of the last

plaintiff in execution

parties on motion, on

In all cases 48. Sec. VI. In all cases where any claim shall be interposed for of claim, the property levied on by virtue of a fieri facias, from any of the courts of administrator this State, and pending such claim, the plaintiff shall die, it shall and surviving may be lawful for the executor or executors, administrator or administrators of such deceased plaintiff, upon motion, in the court where may be made such claim is pending, to be made parties, instanter, and the said case shall proceed without further delay: Provided, the said executors or administrators shall produce in court, their letters testamentary or of administration; and, provided, they shall give to the claimant, or his attorney, twenty days' notice of the said intended application to make such parties. And provided always, in such cases, where there are more than one plaintiff, the cause shall proceed in the name of the survivor, and this act shall not be applicable, except when the last surviving plaintiff shall die while such claim is pending.

20 days' notice to the claimant.

Sec. VII. And be it further enacted, That all laws and parts of laws militating against this act, are hereby repealed.