poration, with any dividend or incumbrance thereon, on the amount and description of the property, held by such corporation or person for the defendant, or the debt owing to the defendant; if such person refuses to do so, he may be required by the court or judge to attend before him and be examined on oath concerning the same; and disobedience to the order may be punished as a contempt.

§ 153. (SEC. 136.) Sheriff to sell perishable property, collect debts, etc. If any of the property attached is perishable, the sheriff shall sell the same, in the manner in which property is sold on execution. He may also take such legal proceedings, either in his own name, or in the name of the defendant, as are necessary to collect all debts, credits and effects of said defendant, and discontinue the same at such times, or on such terms, as the court or judge may direct.

4 M. 309 (407.)

§ 154. (SEC. 157.) Claim of property by third person-affidavit-indemnity by plaintiff. If any property levied upon or taken by a sheriff, by virtue of a writ of execution, attachment, or other process, is claimed by any other person than the defendant or his agent, and such person, his agent or attorney, makes affidavit of his title thereto, or right to the possession thereof, stating the value thereof, and the ground of such title or right, the sheriff may release such levy or taking, unless the plaintiff, on demand, indemnify the sheriff against such claim, by bond executed by two sufficient sureties, accompanied by their affidavit that they are each worth double the value of the property as specified in the affidavit of the claimant of such property, and are freeholders and residents of the county; and no claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, unless so made; and notwithstanding such claim, when so made, he may retain such property under levy a reasonable time to demand such indemnity. (As amended 1877, c. 27, § 1.)

13 M. 174; 14 M. 163. 228; 18 M. 308.

§ 155. (SEC. 188.) Plaintiff to be impleaded with sheriff in action against him. If, in such case, the person claiming the ownership of such property commences an action against the sheriff for the taking thereof, the obligors in the bond provided for in the preceding section, and the plaintiff in such execution, attachment, or other process, shall, on motion of such sheriff, be impleaded with him in such action. When, in such case, a judgment is rendered against the sheriff and his codefendants, an execution shall be immediately issued thereon, and the property of such codefendants shall be first exhausted before that of the sheriff is sold to satisfy such execution.

§ 156. (SEC. 139.) Judgment against defendant, how satisfied. If judgment is recovered by the plaintiff in such action, the sheriff shall satisfy the same out of the property attached by him, if it is sufficient for that purpose.

First.-By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of all debts or credits collected by him, or so much as shall be necessary to satisfy the judgment.

Second.-If any balance remains due, and an execution has been issued on the judgment, he shall sell, under the execution, so much of the attached property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in his hands; and in case of the sale of any rights or shares in the stock of a corporation, the sheriff shall execute to the purchaser a certificate of the sale, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by the defendant.

6 M. 182 (273). 10 M. 253 (323.)

Third. If any of the attached property belonging to the defendant has passed out of the hands of the sheriff, without having been sold or converted into money, the sheriff shall repossess himself of the same, and for that purpose shall have all the authority which he had to seize the same under the attachment; and any person who shall wilfully conceal or withhold such prop

erty from the sheriff, shall be liable to double damages, at the suit of the party injured.

§ 157. (SEC. 140.) Discharge of attachment on defendant giving bond, A defendant whose property has been attached, may, at any time before trial, execute to the plaintiff a bond, in double the amount claimed in the complaint, or, if the value of the property attached be less than the amount claimed, then in double the value of the property, with two or more sureties, to be approved by the officer allowing the writ of attachment, or by the court commissioner of the county in which the defendant resides, conditioned that if the plaintiff recover judgment in the action, he will pay such judgment, or an amount thereof equal to the value of the property attached; and the officer approving such bond shall make an order discharging such attachment. (As amended 1868, c. 69, § 1.)

6 M. 50 (69); 7 M. 271 (345); 12 M. 420; 18 M. 541; 20 M. 374; 23 M. 229.

§ 158. (SEC. 141.) Motion to vacate writ of attachment. The defendant may, at any time before the time for answering expires, or at any time thereafter when he has answered, and before trial, apply to the court, on notice, to vacate the writ of attachment. If the motion is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits in addition to those on which the writ of attachment was allowed. (As amended 1867, c. 66, § 3.)

§ 159. (SEC. 142.) Return to be made by sheriff. When the writ of attachment is fully executed or discharged, the sheriff shall return the same, with his proceedings thereon, to the court in which the action was brought.

§ 160. (SEC. 143.) Attachment of real estate-lien-release of lien. Whenever any real estate has been attached by virtue of any writ of attachment, such realestate shall be bound, and the attachment shall be a lien thereon, from the time that a certified copy of the attachment, with the description of the real estate, has been delivered for record in the office of the register of deeds in the county where the same is situated, and not otherwise. Each register of deeds shall note the day, hour and minute when he receives such certified copy and shall record and index the same in the books kept for the recording and indexing of mortgages. Such real estate may be discharged and released of record from such attachment, in the following manner, to wit:

First-By filing for record, in the office of the register of deeds of the county wherein such real estate is situated, a certified copy of the order discharging or vacating said attachment.

Second-By filing for record, with such register of deeds, satisfaction of judgment rendered in such action.

Third-By judgment being rendered in the action in favor of the defendant against whom the attachment is issued, upon filing for record, in the office of said register of deeds, a transcript of such judgment.

Fourth-By filing for record, in the office of such register of deeds, a satisfaction and discharge of such attachment, executed by the plaintiff in said action, in the same manner as is required by law for the execution of conveyances of real estate. (As amended 1868, c. 68, § 1.)

§ 161. (SEC. 144.) Release by plaintiff of real estate attached. The plaintiff in such action may, at any time before the final discharge of such attachment, release and discharge from such attachment any part or portion of such real estate imcumbered by said attachment, by executing, in the same manner as conveyances of real estate are required by law to be executed, a release and discharge of such parts or portions of said real estate so designated to be discharged and released, and particularly describing the same, and filing such release in the office of the register of deeds of the county wherein the lands are situated; and such release or discharge shall in nowise affect the lien and incumbrance

of said writ of attachment upon the remainder of the real estate or property covered by said attachment, and not included in such release.

§ 162. (SEC. 145.) Release of attachment to be recorded. The register of deeds shall enter such discharge, release or satisfaction, in the same manner and in the same book provided for the filing and entry of writs of attachments, except that the names of the plaintiffs shall be alphabetically arranged in said index; and he shall receive the same fees as are allowed him for the filing and entry of attachments in his office.

§ 163. (SEC. 146.) Attachment of personal property, how released. Any attachment of personal property, under subdivision three of section one hundred and thirtyfour, may be discharged or released of record, by filing, in the proper office, an order, release, transcript or satisfaction-piece, as provided in section one hundred and forty-three aforesaid.

TITLE 10

GARNISHMENT.

$164. (SEC. 147.) Affidavit-garnishee summons-title of action. In any action in a court of record or juice's court, for the recovery of money, if the plaintiff, his agent or attorney, at the time of filing the complaint or issuing the summons therein, or at any time during the pendency of the action, or after judgment therein against the defendant, makes and files, with the clerk of the court, or, if the action is in a justice's court, with the justice, an affidavit stating that he believes that any person (naming him) has property, money or effects in his hands, or under his control, belonging to the defendant in such action, or that such person is indebted to the defendant, and that the value of such property or effects, or the amount of such money or indebtedness, if the action is in the district court, exceeds the sum of twenty-five dollars, or, if the action is in a justice's court, ten dollars, a summons may be issued against such person, as hereinafter provided; in which summons and all subsequent proceedings the plaintiff in the action shall be known and designated as plaintiff, the defendant as defendant, and the person against whom the summons is issued as garnishee. (As amended 1867, c. 65, § 1.)

3 M. 253 (360); 5 M. 279 (347); 9 M. 44 (55.)

§ 165. (SEC. 148.) Proceedings in justice's court. If the action is in a justice's court, the summons shall be issued by the justice, and shall require the garnishee to appear before him, at a time and place mentioned in such summons, not less than six nor more than twelve days from the date thereof, and answer under oath such questions as may be put to him touching his indebtedness to the defendant, and any property, money or effects of the defendant in his possession or under his control; which summons shall be served and returned in the same manner as a summons issued against a defendant in other causes in such court, except that no other than personal service shall be sufficient. A copy of such summons, together with a notice to the defendant stating the time, place and manner of service upon the garnishee, and signed by the justice of the peace or officer who served the same, and requiring such defendant to appear and take part in the examination, shall be served upon the defendant at least three days before the time specified in the summons for the appearance of the garnishee.

§ 166. (SEC. 149.) Proceedings in district court-summons-service-notice to defendant-fees, etc. In actions in a district court, such summons may be issued by the plaintiff or his attorney in the action, and shall be served and returned in the same manner as a summons issued against a defendant in other cases in said court, ex

cept that the service shall in all cases be personal. It shall require the garnishee to appear before the court in which the action is pending, or the judge or the clerk thereof, or the court commissioner in the county in which the action is pending, at a time and place mentioned therein, not less than twenty days from the service thereof, and answer touching his indebtedness to the defendant, and any property, money or effects of the defendant in his possession or under his control. A copy of the summons, together with a notice to the defendant stating the time, place and manner of service thereof upon the garnishee, and signed by the plaintiff or his attorney, or the person or officer who served the summons upon the garnishee, and requiring such defendant to appear and take part in such examination, shall be served upon the defendant at least ten days before the time specified in the same for the appearance of the garnishee. Such notice and copy of the summons may be served in the manner provided by law for the service of a summons in ordinary cases. The garnishee shall be entitled in all cases, whether the action is in a district court or before a justice of the peace, to the same fees as if he were subpoenaed as a witness in such action, and may be compelled to testify and disclose respecting any matters contained in the affidavit, in the same manner as if he were a witness duly subpoenaed for that purpose. But no person shall be obliged to appear as garnishee, unless his fees for one day's attendance, and mileage according to law, is paid or tendered in advance. (As amended 1871, c. 66, § 1.) § 167. (SEC. 150.) Effect of service of summons on garnishee. The service of the summons upon the garnishee shall attach and bind all the property, money or effects in his hands, or under his control, belonging to the defendant, and any and all indebtedness owing by him to the defendant, at the date of such service, to respond to final judgment in the action.

2 M. 265 (310.)

§ 168. (SEC. 151.) Legacies, etc., subject to garnishment. Any debt or legacy due from an executor or administrator, and any other property, money or effects in the hands of an executor or administrator, may be attached by this process.

$169. (SEC. 152.) Garnishment of corporations. Corporations may be summoned as garnishees, and may appear by their cashier, treasurer, secretary, or such officer as they may appoint, and the disclosure of such person or officer shall be considered the disclosure of the corporation, provided, that if it appears to the court that some other member or officer of the corporation is better acquainted with the subject-matter than the one making disclosure, the court may cite in such person to make answer in the premises; and in case such person neglects or refuses to attend, judgment may be entered as hereinafter provided upon default; and service of the summons upon the agent of any corporation not located in this state, but doing business therein through such agent, shall be a valid service upon said corporation.

4 M. 130 (184.)

$170. (SEC. 153.) In what cases garnishment not allowed. No person or corporation shall be adjudged a garnishee in either of the following cases, viz:

First. By reason of any money or any other thing due to the defendant, unless, at the time of the service of the summons, the same is due absolutely, and without depending on any contingency;

12 M, 279. 23 M. 545.

Second. By reason of any debt due from said garnishee on a judgment, so long as he is liable to an execution thereon;

Third. By reason of any liability incurred, as maker or otherwise, upon any draft, bill of exchange or promissory note.

§ 171. (SEC. 154.) Money, etc., may be attached before due, when. Any money or other thing due or belonging to the defendant may be attached by this process, before it has become payable, provided it is due or owing absolutely, and without depending on any contingency, as aforesaid; but the garnishee shall not be

compelled to pay or deliver the same before the time appointed therefor by the contract.

1 M. 37 (54); 12 M. 279.

§ 172. (SEC. 155.) What shall be deemed "effects." Bills of exchange and promissory notes, whether under or over due, drafts, bonds, certificates of deposit, banknotes, money, contracts for the payment of money, and other written evidence of indebtedness, in the hands of the garnishee at the time of the service of the summons, shall be deemed "effects" under the provisions of this section.

21 M. 42.

$173. (SEC. 156.) Examination of garnishee-proof of service on defendant-non-resident defendant. After the appearance of the garnishee before the court or officer named in the summons, on the day specified therein, or on the day to which an adjournment may be had, the said garnishee shall be examined on oath touching the matters alleged in the affidavit, and the examining officer shall take full minutes of such examination, and file the same with the other papers in the cause: provided, that, unless the defendant in the action appears at the time and place specified in the summons for the appearance of the garnishee, such officer or court shall not proceed to the examination of such garnishee, or to the taking of any evidence whatever therein, until the plaintiff produces and files an affidavit, or return of an officer, showing the service of the summons and notice upon the defendant as prescribed in sections one hundred and forty-eight and one hundred and forty-nine aforesaid; but in case the plaintiff is unable so to notify such defendant, the said court or officer may postpone the examination for such reasonable time as may be necessary to enable the plaintiff to notify such defendant, and he may then be notified of the day to which such postponement is had in the manner provided by law for the service of a summons in ordinary cases, except that it shall be a notice of ten days in a district court, and of four days in a justice court: provided, that when the defendant does not appear at the time and place specified in the summons for the appearance of the garnishee, and the plaintiff, or his agent or attorney, files an affidavit stating that the defendant is not a resident of this state, and is not within the same, as the affiant verily believes, it shall not be necessary to serve upon the defendant a copy of such garnishee summons, or any notice to the defendant in such action, in any court; and the examination shall proceed in the same manner as if the defendant had been duly served with such copy and notice, or had appeared at the time and place specified in the summons for the appearance of the garnishee. (As amended 1871, c. 66, § 1.)

3 M. 282 (389); 4 M. 288 (381); 5 M. 378 (468); 9 M. 225 (239); 21 M. 42.

§ 174. (SEC. 157.) Claimant may appear and be joined as party. If it appears from the evidence taken, or otherwise, that any person, not a party to the action, is interested or claims any interest in any of the property or effects in the hands of the garnishee, by virtue of any agreement or matter which existed prior to the service of the summons, the examining officer, upon application, may permit such person to appear in the action and maintain his right; and if he does not voluntarily appear, notice may be given him to appear or be barred of his claims, which notice may be served as such officer shall direct. In case such person voluntarily appears, or notice is given as aforesaid, he shall be joined as a party to the action, and judgment therein shall bind him in the same manner as if he had been an original party.

4 M. 77 (116); 22 M. 309; 23 M. 239.

§ 175. (SEC. 158.) Proceedings when garnishee denies debt or title to property is disputed. If any person has in his possession any property or effects of the defendant, which he holds by a conveyance or title that is void as to creditors of said defendant, he may be charged therefor, although the defendant could not have maintained an action against him for the same; but in such cases, and in all cases where the garnishee, upon full disclosure, denies any indebtedness to, or the possession or control of any property, money or effects of the defendant,