If the garnishee

&c.

count, and when did it become due, and if not yet due when will it be due?

SECTION 15. The justice shall write the answer of the garnishee to each interrogatory separately, and file the answer as a paper in the cause.

SECTION 16. If any garnishee, being duly sumfail to appear, moned, fail to appear at the proper time, or appearing, fail to make full and direct answers upon oath to the interrogatories, the plaintiff may take judgment against him by default, may be proceeded on to final judg ment in like cases between plaintiff and defendant; or at the option of the plaintiff, the justice shall attach the body of the garnishee, until he shall make full and direct answers to the interrogatories.

Plaintiff may deny the an swer of the garnishee.

Trial in such case.

Garnishee may exonerate himself.

Warrant, when issued.

SECTION 17. No final judgment shall be rendered against the garnishee, until final judgment be had against the defendant.

SECTION 18. The plaintiff may deny the answer of the garnishee, or any part thereof, on the same day on which the answer is made, and the justice shall reduce to writing the denial, showing what part is denied and file it as a paper in the cause.

SECTION 19. All issues between the plaintiff and garnishee, shall be tried as ordinary issues between plaintiff and defendant, and costs may be adjudged for or against either party, as in ordinary cases; and if upon the trial of any such issue, property or effects shall be found in the hands of the garnishee, the justice or jury shall assess the value thereof, and the judg ment shall be for the amount in money.

SECTION 20. Any garnishee, having property, money or effects of the defendant, may discharge himself by surrendering and paying the same, or so much thereof as shall be sufficient to cover the debt, interest and cost to the constable, and taking his receipt therefor, at any time before the final judgment against him.

SECTION 21. When any plaintiff, at the time he applies for an attachment, shall, in addition to the affidavit required by the second section of this article, file the affidavit of himself or of some credible person, stating that any particular person in the county, other than the defendant, has in his hands any property, money or effects of the defendant, or is indebted to the defendant, showing the kinds, quantity and value of the property, or the amount of the debt, (being above five

dollars) and stating such circumstances, as shall satisfy the justice that the debt of the plaintiff will be endangered, by reason that such person is about to remove or secrete the property, or if a debtor of the defendant, that he is about to abscond or leave the territory not to return, the justice shall issue his warrant, commanding the constable to arrest him, and bring such person forthwith before the justice.

SECTION 22. Such arrest shall be an attachment of the property and effects, money and credits, of the defendant in his hands, or due from him, and he shall be considered as a garnishee summoned to answer.

SECTION 23. Such garnishee on being brought be- Garnishee may fore the justice, may at his option, enter into bond give bail, with good security, to be approved by the justice, in favor of the plaintiff, and in such sum as the justice shall consider reasonable, conditioned that he will appear at the return of the attachment, and upon oath make full and direct answers to the interrogatories which may be propounded to him, that he will abide the final judgment in the cause and pay whatever may be adjudged against him.

SECTION 24. But if such garnishee refuse or fail to or otherwise. give such bond, the justice shall require him to answer

the interrogatories, and shall proceed without delay to determine the matter in controversy between the plaintiff and that garnishee.

bond.

SECTION 25. If it shall appear, either by the ans- When to give wer of the garnishee, or by the finding of the justice or a jury, that the garnishee has in his hands, property or effects 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 effects so confessed or found in his hands, and the debts so due from him, or 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.

gar

SECTION 26. In default of such bond, the justice How discharged shall commit the garnishee to the common prison until from prison. discharged by due course of law; nevertheless the nishee may be discharged, by delivering and paying the property and money according to the provisions of the twentieth section of this article.

SECTION 27. If, at the hearing before the justice, it

judgment in favor of the garnishee.

When and what shall not be found that such garnishee has in his hands property or effects of the defendant, or is indebted to the defendant to the amount of five dollars, the garnishee shall be discharged, and judgment shall be rendered in his favor against the plaintiff for five dollars, and all costs consequent upon the warrant and execu tion shall issue therefor without delay.

Bond by the plaintiff.

How defendant

the debt.

SECTION 28. In cases where judgment is rendered against the defendant, upon publication of notice, without service of summons or his appearance to the action, no execution shall be awarded, either against the defendant or garnishee, or property attached, until the plaintiff or some person for him shall give bond and security in favor of the defendant, to be approved by the justice, in double the amount of the judgment, conditioned that if the 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 received by, and not justly due to him, together with all such damages as shall be assessed.

SECTION 29. The manner of disproving or avoidmay disprove ing the debt, shall be by petition to the justice who gave the judgment, or his successor, or to the courts into which the record and papers have been removed, stating the grounds on which he resists the claim of the plaintiff, giving to the plaintiff ten days notice of the time and place the petition will be presented.

When and what

SECTION 30. If the petition deny the original cause of action, and be supported by the oath of the petitioner, the plaintiff shall be required to prove his demand, and in default thereof it shall be adjudged to be disproved and avoided, and the plaintiff shall pay costs of the petition and of the original suit.

SECTION 31. If the petition allege a set-off, or other collateral 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 unpaid on the original judgment and the costs.

SECTION 32. Executions may be awarded and issuexecutions to be ed on judgments in attachment causes, according to the

issued.

circumstances of each case as follows:

First. Where there is a general judgment against

the defendant, the execution shall be a common fieri facias, which may be levied upon all the property of the defendant (subject to execution,) whether attached in the case or not.

Second. Where there is a special judgment against the property, money or effects attached, the execution shall be a special fieri facias against such property, money, or effects only, and may be levied upon the same whether in the hands of the officer, or secured by bond as provided for in this article.

Third. Where the judgment is against the garnishee, the execution shall be such as is used and allowed on general judgments in common actions on con

tracts.

SECTION 33. When property is seized on attach- Compensation ment, the justice may allow to the officer having charge to the officer. thereof, such compensation for his trouble and expen

ses, in keeping and maintaining the same as shall be reasonable and just.

ARTICLE 12.

PROCEEDINGS IN CASE OF BREACH OF THE PEACE.

indictable and when not.

SECTION 1. No assaults, battery, or affray, shall be Offenses, when indictable, but all such offenses shall be prosecuted and finished in a summary manner before justices of the peace as hereinafter provided.

SECTION 2. The foregoing section shall not extend to the trial or punishment of any case of riot or unlawful assembly, nor to any assault with an intent to maim, nor an assault with intent to commit a rape, nor an assault with intent to commit robbery, nor an assault with intent to kill, nor shall it embrace the offenses of shooting at or stabbing, but all such offenses shall be punishable by indictment.

issued.

SECTION 3. Whenever a complaint shall be made Warrant, how to a justice of the peace, on the oath or affirmation of any person competent to testify, against the accused, that an assault, battery, affray or other breach of the peace has been, or is about to be committed, the justice shall forth with issue his warrant for the arrest of the offender, which warrant shall be executed by the sheriff of the county, or the constable of the township, or by some competent person specially deputed by the justice for that purpose.

When justice may arrest without affidavit.

Proceedings

SECTION 4. If any justice of the peace shall have any knowledge that any of the offenses mentioned in the last section are about to be committed, he shall issue his warrant, and proceed as is directed in that section, and if any such offense is committed, threatened or attempted in his presence, he shall immediately arrest the offender or cause it to be done, and for this purpose no warrant or process shall be necessary. But the justice may summon to his assistance any sheriff, coroner or constable, and all other persons there present, whose duty it shall be to aid the justice in preserving the peace, arresting and securing the of fenders, and all such as obstruct or prevent the justice, or any of his assistants, in the performance of their duty.

SECTION 5. When any person shall be brought beto be summary. fore a justice of the peace under the provisions of this act, it shall be the duty of the justice to hear and determine in a summary mode, the complaint alleged against the defendant.

Trial may be postponed.

When defendant may be imprisoned.

Witnesses.

SECTION 6. Upon good cause shown, the justice may postpone the trial of the cause to a day certain, in which case he shall require the defendant to enter into recognizance, with sufficient security, conditioned that he will appear before the justice at the time and place appointed, then and there to answer the complaint alleged against him.

SECTION 7. If the defendant shall fail or refuse to enter into recognizance, the justice shall commit him to the common jail of the county, there to remain until the day fixed for the trial of the complaint alleged against him.

SECTION 8. In case of the breach of any recognizance entered into aforesaid, the same shall be certified and returned to. the district court to be proceeded in according to law.

SECTION 9. If, in the progress of any trial before a justice of the peace under the provisions of this arti cle, it shall appear that the accused ought to be put upon his trial, for an offense not cognizable before a justice of the peace, the justice shall immediately stop all further proceedings before him, and proceed as in other criminal cases exclusively cognizable before the district court.

SECTION 10. In all cases arising under this article