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Chapter 11_page_041

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Title (1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Subject Law
Description (1866) The Fifteenth Legislature, 1865, passed an act to print the laws as prepared and reported by the Joint Committee on Revision and Compilation, including laws of the current session. No 1865 session law was printed because these acts were incorporated into the 1866 compilation.
Publisher Legislative Assemblye of the State of Utah
Date 1866
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi uncompressed TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi
Identifier KFU30 1866 .A193
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor
Scanning Technician Amanda Wilson
ARK ark:/87278/s6w37x2b
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2006-01-25
ID 717212
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b

Page Metadata

Title Chapter 11_page_041
Description LAWS <>*>' UTAH. 41 with the intention of having his effects removed from this Territory or county aforesaid, or is about removing his property as aforesaid; to the injury of such creditor, or that such debtor conceals himself or stands in defiance of an officer, so that process cannot be served upon him, or is not a resident of this Territory, it shall he lawful for said courts to issue a writ of attachment directed to the proper officer, commanding him. to attach, in whose possession the same may be found, the land claims and improvements thereon, or other property of such debtor, or so much thereof as will be sufficient to satisfy the claim sworn to and the interest, damage and costs of suit. Sec. 2.-Such officers shall, without delay, execute such writ of attachment upon the land claims and improvements! thereon, or other property of the debtor of value sufficient to satisfy the deman d sworn to, and interest, damage and costs, as he may have been commanded in said writ, and make return of his doings thereon as on other writs, with an inventory of the property, by him attached, indorsed 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 the same in any county of this Territory, and return the same to the county from which such attachment issued. He shall also serve said writ of attachniont 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, shall take bond and security from the party for whom the same shall be issued, his agent or attorney, payable t© . the defendant in double the sum sworn to be due, conditioned for satisfying all costsc and damages which may be awarded to such defendant, or others interested in the proceedings, by reason of plaintiff wrongfully sueing such attachment. Sec. 4.-When 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 provisions of this act, he is hereby required to summon any person or persons the plaintiff shall designate as having any property or things in action in his or their possession or power belonging to the defendant, or who are in any wise indebted to such defendant, to appear before the court to which the writ is returnable on the-return day of the attachment, then and there to answer upon oath what amount he is or they are indebted to the defendant in the attachment, or what property or things ¦ in action he has or they have in possession or power at the time of serving the attachment. The person or persons so summoned shall be considered a garnishee or garnishees, and the officer shall state in his return the name or names of the person or persons so summoned and the date of service, and the court may render judgment against said garnishee or garnishees for the amount found due: Provided,.' that a person garnisheed shall not be liable for any costs or damages that may have been awarded to any one interested in the proceedings, beyond the actual amount of his indebtedness 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 the officer, to be approved by him, in at least double the value 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 shrill be lawful for the garnishe3 to pay to the officer the amount due from him to the defendant: Provided it does not exceed the amount claimed and sworn to in the attachment; and the officer's receipt to him shall be hisexonerator from the amount so paid. Sec. 7.-Whenever judgment is rendered against any garnishee, and it shall appear that the debt from him to the defendant in the attachment is not yet due, execution shall not issue against him until the same shall become due; and property sold by virtue of a writ of attachment shall be governed by the rules governing property taken and sold by execution. Sec. 8.-If, upon the sale of any property under the provision of this act, there is any surplus left in the hands of the officer after satisfaction of the judgement and all costs, he is hereby required to forthwith pay all such surplus to the defendant, if he 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 non-resident of the county J the officer shall deposit said surplus^ with the court, who shall notify the defendant, as soon as 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 procedure in civil cases in the courts of the Territory of Utah" approved Dec. 30, 1852, also an act entitled "an act in relation to attachments and garnishments," approved Jan. 16,1802, are hereby repealed. Approved Jan. 20, 1865. . r ;¦.¦*$,
Format image/jpeg
Identifier 048_Chapter 11_page_041.jpg
Source Original Book: Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2005-11-15
ID 717002
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717002