SECTION 37. In cases where a trespass or nuisance has been or may be committed on real estate, by non-residents of the county wherein such real estate is situated, it shall be lawful for the sheriff to go beyond his bailiwick, into an adjoining county, for the purpose of serving any process which may be issued out of the court of the proper county, in suits instituted for the recovery of damages, or abatement of the nuisance, and such service shall be as good and valid as if the same had been made by the "sheriff within his bailiwick.

SECTION 38: The sheriff or other officer serving any writ of summons, shall in all cases state in his return, the time and manner in which the service thereof was made.

SECTION 39. In every case in which a writ of scire facias may by law be issued, it shall be served and returned in the same manner as is herein provided in the case of a summons in a personal action, and judgment for default of appearance may be taken at the same time, and in the same manner, as in the case of a summons as aforesaid, unless it be otherwise especially provided.

SECTION 40. It shall be lawful for any persons, willing to become parties to an amicable action, to enter into an agreement, in writing, for that purpose, either in their proper persons, or by their respective agents, or attorneys, and on the production of such agreement to the prothonotary of any court having jurisdiction of the subject matter, he shall enter the same on his docket, and from the time of such entry, the action shall be deemed to be depending, in like manner as if the defendant had appeared to a summons issued against him by the plaintiff.

11. COMMENCEMENT OF PERSONAL ACTIONS IN: PARTICULAR CASES..

I. AGAINST CORPORATIONS.

SECTION 41. Every corporation, aggregate or sole, shall be amenable to answer upon a writ of summons as aforesaid, and in the case of a corporation aggregate, except counties and townships, service thereof shall be deemed sufficient, if made upon the president or other principal officer, or on the cashier, treasurer, secretary, or chief clerk of such corporation, in the manner hereinbefore provided.

SECTION 42. In actions for damages, occasioned by a trespass or injury done by a corporation, if the officers aforesaid of such corporation, or any of them, shall not reside in the county in which such trespass or injury shall be committed, it shall be lawful to serve the summons upon any officer or agent of the corporation, at any office or place of.. business of the corporation within the county, or if there be

no such office or place of business, it shall be lawful to serve the summons upon the president, or other principal officer, cashier, treasurer, secretary, or chief clerk, in any county or place where they may be found.

II. BY FOREIGN ATTACHMENTS AGAINST NON-RESIDENTS.

SECTION 43. The writ of foreign attachment shall be made in the following form, viz:

[L. S.]

county, ss.

The Commonwealth of Pennsylvania,

,

To the sheriff of said county, greeting: We command you that you attach late of your county, by all and singular his goods and chattels, lands any tenements, in whose hands or possession soever the same may be, so that he be and appear before our court of

to be holden at

, in and for said county, on the

,

of a

day of next, there to answer plea, [setting forth briefly the cause of action or complaint,] and have you then and there writ; witness, &c.

SECTION 44. A writ of attachment, in the form aforesaid, may be issued against the real or personal estate of any person not residing within this commonwealth, and not being within the county in which such writ shall issue, at the time of the issuing thereof.

SECTION 45. In every writ of attachment as aforesaid, shall be contained a clause, commanding the officer to summon all persons in whose hands or possession the said goods and chattels, or any of them, may be attached, so that they and every of them, be and appear before the said court, at the day and place mentioned in the said writ, to answer what shall be objected against them, and abide the judgment of the court therein.

SECTION 46. The plaintiff in any writ of attachment as aforesaid, may, instead of a clause of summons as aforesaid, cause to be inserted therein a clause of capias against the garnishee, if such garnishee shall not be an inhabitant of the county, or shall be about to depart therefrom.

SECTION 47. But before any such writ with a clause of capias shall be issued against any person as aforesaid, the plaintiff, or some one for him, shall make oath or affirmation. to be filed with the record, that such person hath goods, chattels, or effects in his possession or care, or that he is indebted to the defendant, in a sum of money due, or to become due, and also, that such person is not an inhabitant of the county, or that there is cause to fear that he is about to depart and remove therefrom, as the deponent verily

believes.

SECTION 48. In the case of personal property, the attachment shall be executed as follows, to wit:

The officer to whom such writ shall be directed, shall go to the person in whose hands or possession the defendant's goods or effects are supposed to be, and then and there declare, in the presence of one or more credible persons of the neighborhood, that he attaches the said goods or effects. SECTION 49. In the case of real estate, the attachment shall be executed as follows:

I. If the attachment be levied on houses, other buildings, or lands, it shall be the duty of the sheriff to leave a copy of the writ with the tenant, or other person in actual possession, holding under the defendant in the attachment, and to summon him as garnishee.

II. If there be no person in actual possession as aforesaid, the sheriff shall publish a copy of the writ, for six weeks, in one newspaper printed in the county, if there be one, otherwise in one newspaper published nearest to the land attached, and such writ shall also be published in one or more newspapers in the city of Philadelphia, or elsewhere, as the court, if in session, or a judge thereof, in vacation at the time of issuing the same, having reference to the supposed place of residence of the defendant, shall direct. III. If the attachment be levied on a rent charge, it shall be the duty of the sheriff to leave a copy of the writ with the owner of the messuage, lot, or land out of which such writ shall issue, or upon which the same shall be charged, or if such owner shall not reside within the county, upon the tenant or other person in possession of such messuage, lot, or land, and in either case, to summon such person as garnishee.

IV. In all other cases of incorporeal hereditaments, the attachment shall be executed by leaving a copy of the: writ with the person or persons who may be liable to the payment of money to the defendant, or who may be charged with, or otherwise liable to the defendant in respect of such hereditament, and if there be no such person, by publication, as directed in the case of houses or lands of which there shall be no person in possession, as aforesaid.

SECTION 50. The goods and effects of the defendant in the attachment, in the hands of the garnishee, shall, after such service, be bound by such writ, and be in the officer's power, and if susceptible of seizure or manual occupation, the officer shall proceed to secure the same, to answer and abide the judgment of the court in that case, unless the person having the possession thereof, will give security therefor..

SECTION 51. Every writ of attachment executed upon real estate, shall bind the same as against purchasers and mortgagees, from the time of the execution thereof, and it shall be the duty of the sheriff to file in the office of the

1

prothonotary of the court, a description of the property attached, within five days after he shall have made the attachment, which description shall be entered by the prothonotary upon his docket, and the names of the parties, with the date of the execution of the writ, and the amount of bail required, shall also be entered by him upon his judgment docket.

SECTION 52. Whenever a clause of capias shall be added to any writ of attachment, as aforesaid, the garnishee shall find sufficient sureties, to appear in court, and make answer as by law is required, and further, to render his body to the prison of the respective county, or pay the condemnation money, if judgment shall pass against him.

SECTION 53. It shall be lawful for the plaintiff, at the third term of the court after the execution of the writ aforesaid, if he shall have filed his declaration, to take judgment thereon against the defendant for default of appearance, uniess the attachment before that time be dissolved.

SECTION 54. After judgment against the defendant in manner aforesaid, the plaintiff may have a writ of scire facias against the garnishee, commanding him to appear before the said court at the next term, and shew cause, if any he have, why the plaintiff should not have execution of his said judgment, of the estate and effects of the said defendant, attached as aforesaid, in his hands or possession.

SECTION. 55. After judgment as aforesaid, it shall also be lawful for plaintiff to exhibit in writing, to every garnishee as aforesaid, all such interrogatories as he may deem necessary, touching the estate and effects of the defendant in his possession or charge, or due and owning from him, as the case may be, to the defendant, at the time of the service of such writ, or at any other time, and cause the same to be filed of record in the cause.

SECTION 56. Whenever interrogatories shall be filed as aforesaid, it shall be the duty of the court, upon the motion of the plaintiff, to grant a rule upon the garnishee, to appear before the said court, at a time and place in such rule to be "named, and then and there to exhibit in writing, under his oath or affirmation, full, direct and true answers, to all and singular the interrogatories of the plaintiff exhibited and filed as aforesaid, or such of them as the court shall deem pertinent and proper.

SECTION 57. If the garnishee shall, after due service of rule as aforesaid, neglect or refuse to comply therewith, he shall be adjudged to have in his possession goods and effects of the defendant, liable to such writ of attachment, to an amount or value sufficient to satisfy the demand of the plaintiff, together with all legal costs of suit, and charges, and thereupon execution may issue against him, in like manner as in the case of a judgment rendered against such garnishee for his own proper debt.

SECTION 53. If issue be taken, and a trial be had upon any scire facias as aforesaid, the jury shall find what goods or effects, if any, were in the hands of the garnishee at the time the attachment was executed as aforesaid, or afterwards, and also the value thereof.

SECTION 59. After a verdict for the plaintiff on any scire facias as aforesaid, it shall be lawful for him to have execution of his judgment, in the attachment to be levied, of the goods or effects so found in the hands or possession of the garnishee, or of so much of them as shall be sufficient to satisfy his demand, together with legal costs of suit and charges, as aforesaid.

SECTION 60. The plaintiff may also at the same time, have execution against the garnishee upon the judgment obtained against him on the scire facias, as in the case of a judgment against him for his proper debt, to be executed, if the garnishee shall neglect or refuse, upon the lawful demand of the proper officers, to produce and deliver the goods and effects of the defendant, as aforesaid, or to pay the debt or duty attached, if the same shall be due and payable.

SECTION 61. But after judgment, before any execution shall be executed, the plaintiff shall give security, by recognizance and sufficient sureties, to be approved of by the court, or by one of the judges thereof, in vacation, with condition, that if the defendant in the attachment shall, within a year and a day next ensuing the date of such recognizance, by himself or attorney, come into court and disprove or avoid the debt recovered against him, or shall discharge the same, with costs, in such case the plaintiff shail restore to the defendant the goods or effects, or the value thereof, attached and condemned as aforesaid, or so much thereof as shall be disproved or discharged, or else, that they will do it for him.

SECTION 62. Provided always, That if the defendant or -defendants in the attachment, and every of them, shall at any time before the money paid, put in and perfect bail to the plaintiff's action, in the sum demanded, or in such sum as the court, upon the cause of action shown, shall order, or if they shall make deposit, in the manner provided in the case of an arrest upon a capias ad respondendum, the attachment, and all proceedings had thereon as aforesaid, shall be dissolved, and the action shall proceed in due course, in like manner as if the same had been commenced by a writ of capias ad respondendum.

SECTION 63. If an attachment shall be dissolved as aforesaid, after any sale of real or personal property attached, such dissolution shall not have the effect of divesting any estate or interest acquired by virtue of such sale, by any