Show 4 ny BY T AN ACT governing rits alts I 1 11 1 attachments and I 1 I 1 sige abe 1 be ft enacted by the governor and le legislative gisla tive assembly of tle the territory of utah T that at it fany any creditor his agent or attorney shall file tiie alean an affidavit in any of the courts of thia this territory according to jurisdiction settina setting forth that any person is indebted to buck suck such buch e creditor stating the nature and amount of such indebtedness as near as may be and that auch such debtor has departed or is about to depart trob arob this territory or the county in which ho he resides es or wherein the complaint complain was made with t the intention of having his effects removed removed from this territory or county as aforesaid or is about removing his property as aforesaid injury of such creditor or that such debtor conceals himself or stands in defiance of an officer so that process cannat be served upon him or is la not a resident of this territory it shall shail bo be lawful for said courts 19 issue a writ of attachment to the proper officer fleer of commanding him to attach in whose possession the same may be found the land claims and improvements thereon or other property of such debtor i or so 0 much h thereof as will be lie sufficient clent elent to satisfy tit tva tuoc luoc c sworn to and the interest damages and costa costs 04 euit aw t SEC 2 such officers shall without delay execute such writ of attachment upon the land claims and improvements lff iff moreon mereon ereon or other property P of the debtor of value th the e demand sworn to and interest damage and ana costs cost as he may have been commanded in said writ iland and make returns of his doings thereon as on other writs with an inventory of ortho tho the property by him attached indorsed endorsed indor sed thereon or thereunto annexed if the defendant or any person for him is in the act of removing any personal property the officer may pursue and take tho the same in any county of this territory and return the same to the county from which such attachment issued ile he shall also serve said writ of attachment upon the defendant if he can be found by reading the same to him or delivering a copy thereof and the return to such writ must state the manner in which it was served SEC 3 every court before granting an attachment tach ment menti shall take bond ana and ana and security from the party for whom the same shall be issued his agent or attorney payable to the defendant in double the sum sworn to be due conditioned for satisfying all costs and damages which may be awarded to such defendant deien dant or others inter ested in tho the proceedings edAn s by reason of plaintiff wrongfully wron full fuli su sueh such attach attachment men t SE SEC c 4 when shen the sheriff or other officer having charge of said writ is unable to find property of any defendant sufficient to satisfy any attachment under the tile provisions of this tills act he lie is hereby required to summon any person or persons the plaintiff shall designate as having any property or things in acin action in his or their posses sion or power wr belonging to the defendant or who a are i e in in any w ve ase indebted lo 10 such defend defendant ant to appear before the count court to which the writ is fetui nabie on the return day of the attachment then and there to answer upon oat oata what v haf hap amount he is or they are ed to the defendants defend in the attachment or what pro prop etty eity or things inaction in action actton lie lias has or they ha a in possession or power at the timo of serving the attachment tho the person or persons p esons so 60 summoned s shall be considered garnishee or garnishees garnis hees a d shall shail his return or 5 ames names of ortho orthe the person or persons so s a alff the date of service and ther the 0 cime cyme ime yme maymir mayn maimi der judgment against said garnishee at arii cyll chrush ish isu ees tor tot the anyo anio amount found due provi led luat mat a person garni garnisheed shall not be if liable able for any costs or damages that may have been awarded to to any one interested in the proceedings e eddings beyond the ac actual tuai amount of his gro fro indebtedness nd e b redness to the defendant in the attachment SEC 5 the officer serving the writ shall take and retain the possession of the property attached to be subject to a judgment or decree of the court unless the person in whose possession the same may be found enters into bond and security to tile the officer to be approved by him in at least double th the value evalue odthe of the property attached with condition that the property shall be forthcoming to answer the judgment of the court in said suit SEC 6 when a person Is served with a summons as garnishee according to the provisions of this act it shall be be lawful for tile the garnishee to pa pay to the officer the amount due from him to tu the defendant provided it does not exceed the amount claimed and sworn to in the attachment and the officers receipt to him shall be his one from the amount so paid SEC gec 7 whenever judgment is rendered a against any garnishee and it shall appear that the debt from him to ie iho defendant delen dant in the attachment tach ment is not yet due execution shall not issue against iliin him until the same shall become due and property sold by virtue of a writ of attachment tach ment shall be governed by the ther tiles rules governing property taken and sold by execution SEC 8 if upon the sale of any property under the provisions of this act there is any surplus left provisions in the hands of the officer after satisfaction of the judgment and all costs he is hereby required I 1 to 0 forthwith pay all such surplus to the aan defendant t it if he hels Is present and if he is not present as soon thereafter as the same shall be legally demanded provided that if the defendant be a nonresident non resident of the county the officer shall deposit said surplus with the court who shall notify the defendant as soon aa practicable of the amount so deposited in his hands SEC 9 that sections fourteen and fifteen of an act entitled an act regulating the mode of proceed ure in civil cases in the courts of the territory of utah approved dec SO 30 1852 also an act in relation to attachments and garnish ments approved jan 16 10 1862 are hereby repealed GEORGE A satu SMITH president of the council jon TAYLOR taynor Speake speaker bof of the house hous e of representatives approved jan 20 M JAMES DUANE DOTY governor SECRETA RYd rys OFFICE 1 I utah Terr territory itonO J I 1 hereby certify that the foregoing is a true copy of a law passed by the legislative assembly of utah territory r and approved by the gov arnor on the 2 day ay of january A D 1865 IM thorl the original ginal of which is on file in this his office in witness whereof I 1 have hereunto set my abandand hand ban dand and ana affixed the great seal of LS said territory this day of january 1 v A D di 1865 1855 ana and of the independence of ot the united states the eighty ninth I 1 AMOS secretary of utah ter h f |