to the complainant, and could not, with reasonable diligence, be ascertained by her. 5634.

Personal service.-If the place of residence is known, personal service of copies of the complaint and order of attachment, with the return thereon, should be made. 5635.

Hearing. The case may be heard and determined at any time, after the expiration of six weeks from the time of personal service, or after the first publication. 5635.

Property applied to payment of judgment.-After judg ment against the defendant, the court must order that, unless the defendant pay the amount of the judgment, with the costs, by a day fixed by the court, the property in the hands of the officer-perishable property first, personal property next, and lands and tenements last-may be sold as upon execution, in the order named, to satisfy the order or judgment. The money arising from the sale, and received from the garnishee, is to be applied to the satisfac tion of the judgment or claim. If there be not enough, execution may be issued for the remainder. Any surplus must be returned to the defendant.

CHAPTER IV.

BONDS.

Official bond good, if penal amount filled before acceptance. It is provided that all official bonds shall bind and render liable thereon, all the obligors therein, both principals and sureties, whether at the time of signing and sealing the same by such obligors, or any of them, the amounts of such bonds be filled in or left blank, if such amounts be filled in before, or at the time of the approval or acceptance of such bonds; and such filling in may be done in the absence of any or all of the obligors, and without any express authority from them or any of them. 6.

How surely may be released.--Any surety on the official bond of any township officer, including justices of the peace and constables, may at any time notify the trustees, by giving at least five days' notice in writing, that he is unwilling to continue as security for such officer, and will, at the time therein named, make application to the trustees to be released from further liability upon the bond of such officer. At least three days' notice in writing must also be given to the officer of the time and place at which such application will be made. 5843.

No. 4. FORM OF NOTICE TO TRUSTEES.

To the Trustees of

Township:

of

You are hereby notified that I am unwilling to con tinue as surety upon the official bond of township, and that I shall, at day of

the

a

in

on

, 18, make application to you, the

said trustees, to be released from all further liability upon the bond of the said

13 at

of

in

day of

I shall apply to the trustees of township to be released from all further liability apon your bond as

This

day of
(Signed,)

of

township.

Service of notices.-Copies of the notice to the trustees should be served upon each of them personally at least five days before the time named, and a copy of the notice to the officer should be likewise served upon him at least three days before the time for the hearing.

Hearing of application.-It is the duty of the trustees, upon the receipt of such notice, to hear the application; and if, in their opinion, there is good reason therefor, they may require such officer to give a new bond, conditioned according to law and to the satisfaction of the trustees, within such time as they may direct. 5844.

Officer to give new bond.—It is provided that if the officer fail to give the new bond, as required, the office is to be deemed vacant, and shall be immediately filled as other vacancies in said office. 5844.

When sureties' release takes effect.-The original surety or sureties can not be released until the filing of a new bond, or until a vacancy occurs for want of such bond, and they are liable upon their bond for the acts of the officer up to that time, but no longer, if released. They are required also to pay the costs of the application.

5844.

SECTION 2. BONDS TO SECURE PAYMENT OF TOWNSHIP DEBTS.

Bonds may be reissued, and how.--The trustees of any township, which may have issued or may hereafter issue, pursuant to law, any bonds for improvement purposes, or to redeem any bonds previously issued, may issue other bonds, not exceeding in amount the principal of the preceding issue; provided, that no new debt be created and no bonds reissued, the payment whereof is by law provided for by specific levies and assessments, or where bonds have been issued to contractors or others, and received by them in payment or part payment for labor done or materials furnished for any local or special improvement.1

Form of bonds, number, etc.-Such bonds may be made payable to bearer, and must be numbered and registered.' Each bond must be executed for a sum not less than one hundred and not more than one thousand dollars, and to become due at any period therein named, not to exceed twenty years from its date. The rate of interest thereon must not exceed eight per cent. per annum, payable in semi-annual installments; and each bond, with its coupons, may be made payable at any place therein designated.

No bond can be sold for less than its par value.2

Proceeds, how applied. The proceeds of such bonds must be applied to the redemption of an equal amount of the principal of the former issue, and to no other purpose whatever.2

The register of bonds is usually in a book kept for that purpose, in form as follows:

168 Ohio L. 45; 72 Id. 40.

268 Id. 97.