be treated as Bank notes to (4794.) SEC. 18. If the garnishee pay to the officer having cash at option such execution any bank note or bill, the same shall be paid over to the plaintiff at the par value thereof, if he will accept the same; if not, it shall be sold in the same manner as other personal property. of plaintiff. Effect of judg ment against Garnishee. Defendant in original suit tion against Garnishee during (4795.) SEC. 19. Judgments rendered against a garnishee under the provisions of this act, shall have the same force and effect as they would have under existing laws, if such defendant had been named as plaintiff therein. (4796.) SEC. 20. No suit shall be maintained or recovery had barred from ac- by such defendant against the garnishee for the amount of pendency of Gar money sworn, proved or admitted to be due from such garnishee proceed-nishee to the defendant, or for the property, or the value thereof, money or effects in the hands of such garnishee as aforesaid, while such proceeding is pending. ings. Exception to bar. Bills of Exchange and Notes declared effects. Proceeding when Money is to be Garnishee at a future time. 11 Mass., 488. 105. 6 Pick., 120. 3 Mass., 301. (4797.) SEC. 21. The preceding section shall not be so construed as to prevent such defendant from prosecuting for and recovering of such garnishee any other or further sum of money due from such garnishee, or the possession, or value of any other property or effects in the hands of such garnishee, belonging to such defendant. (4798.) SEC. 22. Bills of exchange and promissory notes not due, in the hands of the garnishee at the time of the service of the summons, shall be deemed "effects," under the provisions of this act. (4799.) SEC. 23. If it shall appear upon any examination or come due from trial had under the provisions of this act, that any sum or sums of money is or are owing and payable from the garnishee to 12 Pick., 22, 25, the defendant at some future time or times, it shall be the duty of such Court, after such examination, or the rendition of the verdict (if a trial by jury is had), and after the trial (if the cause is tried by the Court), to note the time or times when the sum or sums of money mentioned in this section shall become due and payable, and shall thereupon continue the cause until after the time or times so noted. Summons in such cases. (4800.) SEC. 24. After the said sum or sums of money become due and payable as mentioned in the preceding section, the Justice or Court shall, at the request of the plaintiff, issue a summons against the garnishee as mentioned in section eight of this act, returnable in the same time, and the same proceedings shall be had thereon, and with the like effect, as if the said sum or sums of money had been due and payable at the time. of the service of the summons. County Courts. (4801.) SEC. 25. Proceedings may be had in the County Proceedings in Courts against garnishees in the cases specified in the first section of this act, and the provisions herein contained shall apply to and govern the proceedings in the County Courts, so far as they are not inconsistent with the pleadings, practice and proceedings in said County Courts. ject to Garnishee process. (4802.) SEC. 26. Corporations may be proceeded against as Corporation subgarnishees, in the same manner and with the like effect as individuals, under the provisions of this act, and the rules of law regulating proceedings against corporations. Six,Chap. Ninety (4803.) SEC. 27. Section thirty-six of chapter ninety-three of Section Thirtythe Revised Statutes of eighteen hundred and forty-six, is hereby Three, R. S., Rērepealed. (a) pealed. OF PROCEEDINGS AT LAW IN THE NATURE OF A JUDGMENT (a) The Section here repealed was re-enacted in substance by Section 42 of the Justices' Act of 1855, and is now in force. For provisions relating to Garnishee proceedings against Foreign Corporations, see Sections 3922 and 3923. Judgmentdebtor, in certain cases, covery of Property, on oath. An Act to Prohibit the Maintaining of Suits in Equity by Judgment Creditor's Bill; to Provide a Twenty-Five of Chapter Ninety of the Revised Statutes of Eighteen Hundred and Forty-Six. [Approved June 28, 1851. Took effect September 27, 1851. Laws of 1851, p. 316.} (4804.) SECTION 1. The People of the State of Michigan enact, to make dis- That when an execution against property of the judgment. debtor, issued to the Sheriff of the County in which he resides, or if he reside out of the State, to the Sheriff of the County in which the judgment was recorded, shall be returned unsatisfied in whole or in part, the judgment creditor may obtain an order from the Judge of the Court in which the judgment was obtained, or from the Judge of the Circuit Court for the county in which the defendant resides, or from the Circuit Court Commissioner of any such county, requiring the judgment debtor to appear and make discovery on oath concerning his property or any debts due or to become due to him before such Judge, at a time and place specified in the order. Witnesses. Property of debt (4805.) SEC. 2. Witnesses may be required to appear and testify in any proceeding under this act, in the same manner as upon the trial of an issue in the Circuit Court. And upon an affidavit, showing to the satisfaction of such Judge or ComPersons having missioner, that any person has property of the judgment or may be ex-debtor, or is indebted to him, the Judge or Commissioner may issue an order requiring such person to appear at a specified time and place, and be examined on oath concerning the same. Such Judge shall take written notes of the substance of all the material facts stated by any party or witness on such examination. amined. Where party and witnesses to be examined. Judge may order (4806.) SEC. 3. If the party or witness reside in the county where the order is made, he shall be required to attend before the Judge of the Circuit Court for such county; if in any other county, before a referee, as provided in section seven of this act; in the latter case the examination shall be taken in writing and certified to the Judge. (4807.) SEC. 4. The Judge may order any property of the on Execution. judgment debtor not exempt from execution, in the hands of either himself or any other person, or any property, debt or demand due or to become due to the judgment debtor, and not exempt as aforesaid, to be applied on execution. towards the satisfaction of the judgment, or he may order any such property to be made liable to, and sold on any execution issued or to be issued on the judgment. ceivers, and for ,etc., of Property. (4808.) SEC. 5. The Judge may also, by an order, appoint a May appoint ReReceiver of the property of the judgment debtor, with the bid transfers, like authority as Receivers heretofore appointed by Courts of Equity in this State. The Judge may, likewise, by an order, forbid a transfer of the property of the judgment debtor, and any interference therewith; and such order shall have the like effect as an injunction from a Court of Equity. ceiver against interest in Prop (4809.) SEC. 6. If it appear that a person so brought before Actions by Rethe Judge by the aforesaid judgment creditor, claims an person claiming interest in the property of the judgment debtor adverse to erty of debtor. him, such interest shall be recovered only in an action by the Receiver; but the Judge may, by order, forbid a transfer or other disposition of such interest, till a sufficient opportunity be given to the Receiver to commence the action; but such Receiver shall bring no action, unless at the request of the judgment creditor, and at his expense in case of failure, and he may require such reasonable security against all costs as he may think proper, before commencing such action. Referees to take (4810.) SEC. 7. The Judge may in any case order a reference Appointment of to a referee agreed upon or appointed under this section, proofs. provided to take and report the evidence; or if agreed upon, to report the fact as found by such referee. If the parties or their attorneys agree upon such referee, the Court shall appoint the person so agreed upon; if they do not agree, the Judge shall appoint some competent and disinterested person as such referee. ness, etc. (4811.) SEC. 8. The Judge may allow to any party or any Expenses of Witwitness so examined his traveling expenses, and such sum in addition, as costs, as he shall deem reasonable, not exceeding thirty dollars. or Witness for of Judge. (4812.) SEc. 9. If any party or witness shall disobey any Liability of party order of the Judge, made in pursuance of this act, and duly disobeying order served, such party or witness may be punished by such Judge, as for a contempt, in the same manner as the Circuit Court may punish for contempt. ceedings. (4813.) SEC. 10. Any of the proceedings authorized by this Record of proact to be had before the Judge, may be had before him in Court, at any session of the Circuit Court, or at Chambers; and when had before such Judge at Chambers, all orders made by him, and the papers on which the same were founded, shall, within five days after such order, be delivered by such Final order to have force of decree. Judge, together with the evidence taken by him, or any referee, to the Clerk of the Circuit Court for his county, and shall be by him filed and preserved in his office, which shall constitute the record of the proceedings, and copies thereof, certified by such clerk, shall be conclusive evidence of the order and proceedings therein stated. (4814.) SEC. 11. Any final order made in pursuance of the provisions of sections four, five, six, or eight, of this act, shall have the like validity and force as the decree of a Court of Equity, under the laws and the practice of such Courts at the time of the passage of this act; and any such order in respect to real estate, or a certified copy thereof, may, if not When it may be appealed from, be recorded in the office of the Register of Deeds of the County in which such real estate is situated. Recorded. Final order may be appealed from. case of appeal. (4815.) SEC. 12. Any final order made under any of the provisions of the fourth, fifth, or sixth sections of this act, may be appealed from, to the Supreme Court, within twenty days after the same is made, by complying with the following Proceeding in provisions: The party appealing shall make an affidavit, setting forth the particular matters complained of in the proceedings or order, and shall deliver the same to the Clerk of the Court in which the papers are filed. To render an appeal effectual for any purpose, the following provisions must be complied with: If the judgment creditor appeal, he must, within said twenty days, enter into a written undertaking, with sureties, who shall justify before the clerk, unless their sufficiency be admitted by the opposite party, to the effect that the appellant will pay all costs and damages which may be awarded against him on the appeal, not exceeding two hundred dollars; or that sum may be deposited with the clerk with whom the order is entered. Such undertaking or deposit may be waived by the written consent of the opposite party. If the appeal be taken by any other party than the judgment creditor, and if the order appealed from be for the payment of money or the delivery of property, a written undertaking must be executed by the appellant or some person on his behalf, with two sureties, who shall justify as aforesaid, unless their responsibility be admitted as aforesaid, to at least double the amount of the money or property ordered to be paid or delivered, to the effect that if the order appealed from, or any part thereof, be affirmed, the appellant will pay the amount directed to be paid, or deliver the property in as good condition as the same is at the time of the |