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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (April 16, 1846)
' rcoOTimnuMoM Wr watt Mil 11 & . ' .. 3rd. Where the deMer is aaoui w re. move his property but of tW county, lii hinder and delay bis creditors. - - Fourth. Where there is goad reason to believe that the debtor is about, fraudulently, to remove, convey or diipose of hk i property or effects, so a io hinder or delay his cred itors. 1 - 1 1M 4144. Any soch.ereditwwsBtSejinlBW debtor by attachment, my apply to any Jte t who would haw jtasnfctloa of ikM If the mat waa brought in the common ftrm, aad if the caws of ae tioa He a bond or Bote, shall tts the same with the ijus tice: and if ItbeaayoUiwlUaanf eoatract,ahalIfile with the jostle a ptok intsWayhle jyeaat or state ment thereof, together with U sJUavit of himself or some other credible person, sUting that the deieadant if justly indebted to ate, after allowing all last off eta and credits, iu a sam above fire doskni, showing the amount in the affidavit, and also atatiaf the belief of the afaaat of the esfcteace of one or snare of the facto, which, aader the fiat section t tab .article, would entitle thitalaJaT to ene by attachment, and thereupon the jwuceahaH iane a writ of attachment again the property and eefcote of the defendant, $ 145. I Writs of attachBMBt aball be issasd and re turned in like time and meaner as ordinary write of summons,' and when the defendant k SBtasssnedto answer, the Mkeprrtwdiags shall be had between Mm and the plaintiff '- on ordinary actions on contract, and a general judgment may. be rendered for or against the defendant 6. 146. The manner of serving writs of attachment shall be as foaowt: ' First Tia writ shall be eerved upon the defen dant as an ordinary shmmons. SteeRd. Garokheee, ahaU be summoned by the sheriff or consUble, declaring w tne,n th1 he doe summon them to appear before the jastlce at the re turn day of the writ, to answer the interrogatories which may be put to them by the jastlce, and by read ing the writ of attachment to them if required. TafroV-Wben goods and chattels, money ot eri deuces of debt are to be attached," the sheriff or con stable shall seize the same and keep them ra hk cus tody, if accessible, and if not accessible, he shall de clare totheperfonrnponMssion thereof, that be attaches the same in his hands and summon such person u garnishee. .Frartl-When credits are to be attached, the sher iff or constable shall declare to the debtor of the de fendant that he ftttaehaa in his' hands all debts due from him to the defendant, or that shall become due before the rendition of judgment, or so amen thereof as may os nanweai v sua un ucb tm wu interest and oasts, sad waianii the debtor ss garnishee. $147. Waeasrosertyof tlie defendant, foand In toe hands or possession of aav other person than the de fendant, shall be attached, such person may retain the possession thereof by firing bend and security to the satisfaction of the officer executing the writ, to the sheriffs constable. Us successors or saaifrnees, in double the rains of the property, so attained conditioned, that the same shall be ferthcoming when and where the jastlce shall direct, and shall abide the judgment or the justice. y 148. When property of the defendant ahaU be oc tuallv seized on attachment, the defendant, or any per son for him, may obtain possession thereof without dis solving the attachment, by giving the officer a bond, with good and sufficient securityNn double the amount of property conditioned, that tile property shall be forthcoming when and where the justice shall direct, to abide the judgment which may 1 rendered in the cause. 6 149. When property shall be seized ob.atUchment which is likelr to nerish. or depreciate in value before the probable end of the suit, or the keeping of which weald be attended with much loss or expense, the jas tlce may order the same to be sold by the sheriff, or constable in the asms manner and same aotioe ss goods are required to be sold on in execution, and the proceeds of such sals shall remain in the hands of the sheriff or consUble, subject to pe usposea 01 as ine nroaertv would hare been if seized upon in money. y 150. When the defendant cannot be summoned and his property or effects shall be attached, if he do not appear to the action at the return or the wmYthe justice shall enter an order on his docket requiring the plaintiff to give notice to the defendant, by three writ ten or printed adrerutemems, set up si inree ox me most MibUe nieces in the county, that a writ has been issued against him and his property attached, to satis fy the demand of the plaintiff, and that unless ha ap pear before the justice within thirty days, stating the time and place, judgment will be rendered against him, and his property sold to pay the debt 151. Such notice shall be set up at least thirty days before judgment, and tne setting up meteor may be proved either by the return of the consUble upon n copy of the notice, or by the affidavit of any person who would be a competent witness in the case. f 158. When the defendant shall be notified as afore said, and shall not appear and answer to the action, judgment, by default, may be euUred, which may be proceeded on to final judgment in like manner as in ordinary actions, $ 159. Bach judgments shall bind only the property and effects attached, and no execution shall issue there on against any' steer property of the defendant, nor against his body, nor shall any action be brought there- oav t 'id '- & 154. .AttschsssatS may be dissolved on motion nude la sanalf. sf,JHs e(eudant, and at any urns do fore finsijieigBwfct, w As following esses: Jtyftrr-WaaWthe defendant shall appear and plead to tk asslon ad giVs bead to the plaintiff, with good and saatssiest security, to )m approved by the justice, In doaMi the amount of the property, effects and end; iUattaehed, conditioned,, that such property, 'effects and credits shall be forthcoming, and abide the judg ment wUobsball be raadsrsd la the cause. ftesMU-Wksa the defendant shall appear and iJmI " and tm like band and security, in a sum suaWaat to satisfy the debt sworn to in behalf of the plaintiff, with interest ana cssw awnwai tloned that the dvfeadaat will pay to the pUiatiff the which may be adjudged la favor of ibepuwi tiff, interest and afl costs of salt, wkhln thirty Hays af Urtlut at wbjndgmsrtshaU be rendered. r ! 150. When aay ntucnmeni snaa do essporvsa, au nmrnfldlags touching the property and elects attach ed, and the ganuaheeo arrested or snmmoned, shall , bo vacated, and the salt proceed ss.if it had beea conv mejMed by asumssoas only, a 156. When anv zarnishee shall appear before the justice to' answer, the foBowmg interrogatories, sad none other, anau ae propoazwea w mm to answer on a oain: Firit At the time of the summons being serred upon yoa as garnishee, had you in your poaseesion or under year coatrol aay goods, moneys or effects of the defendant? If so, state what property, how much, and of what value, and what money or effects. SecenoV At the time of the commencement of this suit, did yon owe the defendant any money, or do yon owe him aay uowT it so, now much, on what no const, and whea did it become duel and if not yet due, when will it be due 7 157. The justice shall wnte the answer of the garnishee to .each .interrogatory, separately, and file the answer ss a paper in the cause. 158. If any garnishee, being duly summoned, fail to appear at the proper time, or appearing,' fail to make full aid direct answers upon oath to the interrogato ries, the plaintiff may take judgment against him by default may be proceeded on to final judgment in like cases between plaintiff and defendant, or at the the option of the plaintiff, the justice shall attach the body of the garnishee, until he shall make full and di rect answers to the interrogatories. J $ 159. No final judgment shall be rendered against the garnishee until final judgment be hod against the defendant 4 160. The plaintiff may deny the answer of the garnishee, or any part thereof, on the same day on which the answer is made, and Uio justice shall re dnos to writing the denial showing what pert is denied, andfils it asa paper in the cause. S 161. AU issues between the plaintiff and garnishee shall be tried as ordinary issues between plaintiff and defendant, and costs may be adjudtred for or against either perty, as in ordinary cases; and if, upon trial of my such issue, property or effect shall be found in the hands of the garnishee, the justice or jury shall assess the value thereof, and the judgment shall be for the amount in money. 4 163. Any garnishee having property, money or effects of the defendant, may discharge himself by surrendering and paying the same or so much thereof, ss shall be sufficient to corer the debt, Interest and cost; to the sheriff or consUble, and taking his receipt therefor, at any time before the final judgment against him. y 1 63. When any plaintiff at the time he applies for on attachment, ehall, in addition to the affidavit required by the second sectiou of this article, file the affidavit of himself or of some credible person, stating that any particular person in the county other than the defen dant has in his hands any property, money or effects of the defendant, or is indebted to the defendant, showing the kinds,vqusntity and value of the proper ty, or the amount or the deou, (being above live dol lars,) and sUting each circumstances as shall satisfy the justice that the debt of the plaintiff will be en dangered, by reason that such person is about to re move or secrete the property, or if a debtor of the de fendant, that he is about to abscond or leave the coun ty, not to return, the justice; shall issue his warrant, commanding the sheriffcr constable to arrest 1dm, and bring such person forthwith before the justice. y 164. Such -arrest shall be an attachment of the property and effects, money and crediu of the defen dant in his hands, or due from him, and shall be con sidered ss a garnishee summoned to answer. y 165. If it shall appear, either by the answer of the garnishee or by the finding of the justice or a ju ry, that the garnishee has in his hands property or ef fects of the defendant, the justice shall require him to give bond and security in favor of the plaintiff, in such sum as the justice shall direct conditioned, that the property or effect sp confessed or found in his hands, and the debU so due from him, ok the value thereof, shall abide the final judgment in the cause, and shall be produced and delivered when and where and to whom the justice shall appoint y ICC. In default of such bond, the justice shall commit the garnishee to the common prison until dis charged by 'due course of law; nevertheless, the gar nishee may be discharged by delivering and paying the property and money, according to the provisions of the 162d section of tins article. y 167. In cases where judgment is rendered against the defendant, upon publication of notice without ser vice of summons, or his appearance to the action, do execution shall bo awarded either against the defen dant or garnishee, or property attached, until the plain tiff or some person for him, shall give bond and securi ty In favor of the defeudsnt, to be approved by the justice, in double the amount of the judgment con ditioned, that if tiv defendant shall, within one year from the date of the bond, appear and disprove or avoid the debt or damages adjudged against him, or any part thereof, the plaintiff will pay and refund to the defendant all such money as shall have been re ceived by and not justly due to him, together with all such damages as shall be assessed. y 168. The manner of disproving or avoiding the debt shall be by petition to the justice who gave the judgment or his successor, or to the courts Into which the records and papers may have been removed, sUting the grounds on which he resists the claim of the plain tiff, giving to the plaintiff ten days' notice of the time and place the petition will be presented. y 169. If the petition deny the original cause of ac tion, and be supported by the oath of the petitioner, the plaintiff shall be required to prove hi demand, and in default thereof, it shall be adjudged to be disproved and avoided, and the plaintiff shall pay the costs of the petition and of the original suit y 170. If the petition oiledge a set-off or other col lateral avoidance, the petitioner shall be required to prove the same, and in default thereof, shall be ad judged to pay costs, and a general judgment may be rendered against him for any balance remaining un paid on the original judgment and the costs. y 171. Executions may bo awarded and issued on UUitMis-st ' saisas. s'ltiwsms; tr tni I. ," ft'-'EU'' Wgr3JMStW 'Mill-. wlfjb auav M'arMM an aaTfJis asensnyes ttllsanssnW iSslMNJ wlsltli snUlhil Mr -v- ip'JWWtrf''"! t .it Vwia anew Is a JwsmHisI lailsslsWe .ssaaeskia. im exeaauon IttJaWMtfel SB twmmmmmm aass, ssjsmi " tneaertv driasi tteaei uta tois Stttnif 1 hromrtv. BBsssMP eaneni Saab. iVajsstf Prtv, i or eftem S. Wssa? k bvM SsVtW whether Ik aW'tsaada sf tas.ssassf.'se i boad,MfssisMiaviitsMtWs.. , rrswwsrs IM JMasasM m sjasist wa garni, ctheiii TiisMiji jfirbesaehss bused and stewed on general iSMfBtssas w snsjsnsjj am em assnrans. yl7t. WnesFtiWltrsasfty is satssd est atlsrimmt, the jastiea may.asVsw ta tasssassr kavlsw aharge thereof, snail sssntsasatlssi fee Irss awsMs.aai asasa saaas, as shall be la hi ill sji ssslatstaiat the uMiaUa aianai twsUnV -x' Vwct'" Proceedings ineie of breach ef Ike ptace. 173.' Wlsaamtilts, battery or affray shall bo indictable, but' all tuch'oflencea shall be prosecuted and punished in a summary man ner before justies of the peade, ae hereinaf ter made anid ptovWe. - y 174. Tlie foragotef section shall not ex. tend to the trial-or pjmiaHinent of any case of riot or Unlawful assembly, nor to any as sault with an latent to mtim, aor an assault with intent to commit rape, nor an assault with intent to kill, nor M assaalt with intent to commit robhery, nor aball it embrace tho offences of s&botkW at or atahbmt;, but all such offences aball be punishable by indict, ment. ' ' , y 175. Whenever a complaint shall be made to a justice of the peace, on the oath or affir mation of' any person competent to testify against the aoouaed, that an aaaault, battery, affray, or other breach of , the peace baa been or is about, to be committed, the juatioe shall forthwith issue his warrant for the arrest of the offender, which warrant shall be execu- ted by the sherifr of the county, or any con stable of. the county, or by some competent person specially deputed by the justice for that purpose. ; 178. If any jastlce of the peace shall have any knowledge that aay of the offences mentioned in the Mftt section are about to be committed,1 he shall issue his warrant, and proceed as is directed in that section, and if any Buch.offences are committed, threatened or attempted, in his presence, be shall ioi- i mediately arrest the offender, or cause it to 1 be done; and for this purpose no warrant or may summon to bis aadstanoa any sheriff or constable, and all other persons then present, whose duty it shall be to aid. the ittstioe in preserving tho peace, arresting and securing the offenders, and,all such as obstruct or pre vent the. justice or any of his assistants in the performance eft their duty.. 6 177. Wheavany person shall be brought before a justice ef the peace underthe pro visions of this act, it shall be the duty of the justice to hear andeteraibw, in a summary mode, the complaint allaoged against the de fendant. ' y 178. Upon goad cause shown, the justice may postpone thetrtai or tne cause to a aay certain, in which case ha shall require the defendant to enter into a reoognisanoe; with sufficient' security, conditioned, that he will appear before the justice at the time and place appointed, then and there to answer the complaint alledged against him. 170. If the defendant shall fail or refuse to enter intoregoognixance, the justice shall commit hira.to the ooaunon jail, there, to re. main until the Bay fixed, for the trial of the complaint alledgia against him. . y 180. In oaaa of breach of any reoognlz arico entered into as aforesaid, the same shall be certified and returned to thooounty oourt to bo proceeded in acccixling.to law. " 181. If, in the progress of any trial be. fore a justice, underthe provisions of this ar. tiole, it shall appear that the aecuaed ought to be put upon'bJs trial for an ofenoe not cognizable bsfors'W juMatj of the peace, the justice shall Immediately stop' all further pro. coedings before him, and prooeed as in other criminal casts axoluaivaly'ckmiBablebefbre the county crff ;;,;?,; ,. . 'J & 182. Inialtidaaat, arisiaf under thisar. tiole, it shall b the duty of the juatioe of the peace actings j)q, araapen the injured party) and all othan whose 'taaiimanyasay be deem. cd material m witnaasas' at the trial, and to enforce their attendance by attachment if neoessary, ... ,,,., $ 188. All trials bsaVre a juatioe under this article, shall be by' a1 jury of six competent men, unless the parties'' agree to leave jhe deeision to the justico, who, if they find tho defendant guilty, shall assess the fine to bo paid by him, which shall not bo less than five dollars, nor more than fifty dollaro, no cording td tho nature of tho offence. 6, 184. When procnetlingH are commenced 'under tlio provisions of this article, on tho information or complaint of tho injured par tyj his name shall be entered by the justico In1 his docket, as prosecutor; and if tho do. fenaW ahull be discharged or acquitted, the prosecutor shall be adjudged to pay costs; in all other cases of disclinrgo or acquittal, tho costs shall be paid by tho county. y 185. in all cases of conviction under tho provisions of this article, tho justico shall en ter judgment for the fino and costs, against the dofendant, and may commit him until thn judgment is satisfied, or Ihsuo execution oin tho judgment to tho use of tho county. y 180. Any defendant who shall bo com mitted or tuken in execution on such judg mont, may at any time utter ten ilnvn actual imprisonment in jail, ffo discharged ; and in that case, tho county slmll pay tho cost of tho prosecution mid charge of imprisonment, and for tho amount thrrcof shall bo a privi leged creditor of the defendant, entitled to Iks first satisfied out of his property and pflects. y 187. Kitlior tho prolocutor or thodefen dant may appeal to tho county court, if he shall, on tho (lay of the rendition of the judg ment, file an affidavit, stating that ho verily believes that injustice has been done by tho verdict and judgment, and also tutor into n recognizanco with two sufficient securities, which recognizanco shall he in the form, and with tho samo conditions required in ap peals from a justico of the iteace in civil ca- penlti ses. 6 188. All appeals taken ten days or mora before any term of the county court of tlio county, shall be returnable in that term, but if taken within ten days next before the com inencemfut of a term, shall bo returnable to tho second term. '( y180. Wlien an appeal is taken, it slmll Iks tho duty of the justice to causr nil inn terial witnesses to enter into recognizance in tho sum of fifty dollars oneh, conditioned, for their appearance to testily in tho entire at the term to which the appeal N returnable, and shall, on or In-fore the first day of such term, file in the office of the clerk of the conn-, ty court a copy of tin; entries on liis decktet. with a copy of tho process and ntlidavit of appeal, and the original recognizances of tlio appellant and witnesses duly certified. y 190. The clerk of the county court shall enter the cause on his docket, und if the ap. peal lie regularly taken, the cause shall bo heard on the merits ut the return term, un less good cuuso be shown for a continuance, and the costs in lioth courts shall abide tlio event of a trial in the county Court. y 101. If the appeal ho not taken r, d per fected within ten days after rendering judg. ment by the justice, the judgment shall bo affirmed. 6 192. If tho judgment of the justice shall bo affirmed, or uKn a triul in the county court tho defendant shall bo convicted, and uuy fino assessed, judgment shall bo rendered for such fino and costs in bofh courts against the defendant and his securities. 193. If, iu an nppoal taken taken by tho Erosecutor, the judgment of thn justico shall e, affirmed, tho prosecutor und hiWcuriticH shall pay all costs of said appoul, and if the judgment of the justice should have imposed the payment of the costs upon said prosecutor, and said judgment bo affirmed, tho judgment of tho county court shall include tho costs of both courts, and be uguinct tho prosecutor and his securities. y 194. If tho judgment of tho county court be not satisfied in thirty days aftor tho ren dition thereof, execution may issuo against the party against whom judgment has hcon rendered, and his securities, which shall bo made out of tho property of tho said party, if sufficient thereof bo found; if not, then out ofthe property of said securities. 195. In all cases not specially provided! for by this articlo, tho process and proceed ings before the justico shall bo governed by the laws regulating proceedings in justices courts in civil cases. . , to be continubp. A. Lawramca LoTJoy, Attorney and Counsellor at Law and Solicitor i tn Chancery. WILL practice la the Supreme and Criminal Courts of Oregon territory, and in tho several Coaaty Courts. 17 Office, comer of Main and Second streets. 1 s I I