The Laws of Texas, 1822-1897 Volume 3 Page: 478

                                
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Laws of the State of Texas.

same might have been done in the court in which the original suit
was brought, if the garnishee had been a resident of the county
when such original suit was brought.
Sec. 4. Be it further enacted, That two other sections shall be
and they are hereby added to said act, to read as follows, viz: Section
30. That when a garnishee resides in a county, other than
that in which the original suit is brought if he shall fail to appear
and answer on oath, in obedience to the writ of garnishment, it
shall be lawful for the court, or Justice of the Peace, on motion
to the plaintiff, to issue a commission to any officer authorized
to take depositions in the county in which the garnishee resides,
requiring him to cite said garnishee to come before him, and answer
such garnishment under oath: and should said garnishee
appear and answer, it shall be the duty of the officer receiving
such commission to return the same together with [the] answers
of the garnishee certified to under his hand and official seal, to the
court or Justice from whence it issued: but should the garnishee
fail, or refuse to appear and answer under oath, when so cited by
the officer to whom any such commission shall have been sent,
then such officer shall return such commission with the citation,
and service endorsed thereon, together with a certificate of such
failure, or refusal, attested by his hand and official seal, to the
court or justice from whence such commission issued, whereupon,
it shall be lawful for such court or justice, to proceed against such
garnishee in like manner, as if he were a resident of the county,
in which the original suit was brought, and had failed to appear
and answer. Sec. 31. That in all cases, where a judicial attachment
shall hereafter issue, if at any time before the trial, the
defendant by himself, or by his attorney, shall appear and answer
the suit, he may on motion, have said attachment set aside and
vacated, and the property attached, released; but nothing in this
thirty-firse section, shall in any manner effect, or control the proceedings
on original attachments.
Approved, January 16, 1850.
CHAPTER XLIV.
An Act to apportion the Senators and Representatives of the Legislature
among the several Counties of the State, according to
the requirements of the Constitution.
Sec. 1. Be it enacted by the Legislature of the State of
Texas, That the State shall be divided into twenty-six senato(478)