SEC. 19. In all attachments of real estate, or goods and chattels, stock or shares in any incorporated company, and in all foreign attachments, he who first procures any such attachments to be made for any just debt or damages, shall be entitled to have his said debt or damages satisfied before any other demand for which the same may be attached, or taken by execution, at the suit of any other person; and all others in order of attachment.

SEC. 20. The officer who shall make any such attachment, shall, in his return, set forth the time of the day when such attachment was made, to the end that the priority of attachment may be known.

CHAPTER 182.

OF THE ATTACHMENT OF PROPERTY OF FOREIGN CORPORATIONS AND OF CORPORATE STOCK.

SECTION 1. When any incorporated company established with out 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.

SEC. 2. The writ, for such purpose, shall command the officers to whom it is directed, to attach the goods and chattels or real estate of such corporation, to the amount named in such writ; and to summon said corporation to appear at the proper court, by leaving a copy of the summons with any known agent of the corporation in this state.

SEC. 3. Upon making such attachment, the officer 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 in which the real estate is situated.

SEC. 4. 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. 5. 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.

SEC. 6. Upon the back of the writ sued out for the purpose of such attachment, the plaintiff or his attorney shall direct the officer who may be charged with the service thereof, to attach the defendant's stock or shares in such incorporated company.

SEC. 7. 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. 8. 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.

SEC. 9. Nothing herein contained shall be construed to destroy or impair any lien or claim of any person or body corporate upon any stock or shares attached under the provisions of this chapter.

SECTION

15. Consequences, if garnishee's account shows no property.

16. Of garnishee's costs.

SECTION

17. Proceedings in foreign attachment in justices' courts.

SECTION 1. When any person shall reside or be absent out of this state, or shall conceal himself therein so that his body cannot be arrested, or shall not be liable to arrest by reason of having taken the poor debtor's oath, or of having obtained his discharge as an insolvent, and when any incorporated company established out of this state, shall be indebted or liable to any person, then the personal estate of such person or foreign corporation, lodged or lying in the hands of their attorney, agent, factor, trustee, or debtor, shall be liable to be attached, the plaintiff giving special order therefor on the back of his writ, to answer any just debt or demand.

SEC. 2. The serving of any person or body corporate, or any member of any firm or copartnership, who have such personal estate in their hands, with an attested copy of a writ taken out against such person or foreign corporation, shall be a good service of the writ, for the purpose of such attachment; said copy, in case of a corporation, to be left with the officer or person hereinafter required to make oath relative to the personal estate designed to be attached thereby.

SEC. 3. The person, corporation, firm or copartnership so served with a copy, shall be obliged to render an account upon oath, of what estate 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.

SEC. 4. Such oath shall be made before the court to which such writ shall be brought, or before any justice of the supreme court, and be filed in the clerk's office in the county where the action shall be brought, before the sitting of the court.

SEC. 5. If the 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. 6. When a body corporate 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 the account upon oath aforesaid.

SEC. 7. 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 cor porate, 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.

SEC. 8. When it shall appear that several garnishees had property of the defendant as aforesaid, the plaintiff may sue each separately, and recover the amount in his hands, until such plaintiff receive full payment of his judgment against the original defendant, with interest and costs.

SEC. 9. 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; and such payment shall avail for his discharge as against both plaintiff and defendant, for the amount thereof.

SEC. 10. If by the garnishee's oath it appears that the personal estate in his hands, or in that of the body corporate for which he acts, belonging to the defendant, 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.

SEC. 11. Such surrender or delivery shall be a good discharge to the garnishee for such articles, as to both plaintiff and defendant in the action.

SEC. 12. If any person, body corporate, firm or copartnership, after being served with a copy of any writ against any person or foreign corporation as aforesaid, and having tendered at the time of such service or previous to the sitting of the court, two dollars and his travelling fees as a witness in the supreme court or court of common pleas, and one dollar and like travelling fees in any other court, 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.

SEC. 13. 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 manner.

SEC. 14. 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.

SEC. 15. 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 the same, shall recover his

costs.

SEC. 16. 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 costs.

SEC. 17. The proceedings in foreign attachment shall be the same in justices' courts as in the supreme court or court of common pleas.

TITLE XXVII.

Of Proceedings in Courts.

CHAPTER 184. Of entering actions and appeals, and of amendment and abatement.

CHAPTER 185. Of pleadings, tender and set-off.

CHAPTER 186. Of trials.

CHAPTER 187. Of views, witnesses, depositions and evidence.

CHAPTER 188. Of referees, auditors and masters in chancery.

CHAPTER 189. Of judgments, and of interest on judgments, verdicts,

awards and reports.

CHAPTER 190. Of costs, double costs and double interest, and of taxation

of costs.

CHAPTER 191. Of appeals in civil cases at common law, and of neglect to prosecute the same.

CHAPTER 192. Of taking questions of law, in cases civil and criminal, to the supreme court.

CHAPTER 193. Of new trials.

CHAPTER 184.

OF ENTERING ACTIONS AND APPEALS, AND OF AMENDMENT AND

SECTION

ABATEMENT.

1. Actions and appeals when to be entered

in supreme court and court of com-
mon pleas.

SECTION

2. Of special leave to enter.

3. Entry, what.

4. Defects of form, effect of.