Western courier. [volume] (Ravenna, Ohio) 1837-1838, 1838-04-05
LAW OF OHIO.
AN ACT
To abolish Imprisonment for Debt.

Sult, aCtlon OF pToCeeu'ne' i"o'''"'S" '''
the recovery of any debt due on any con-
tract. promise or agreemsnt, or for the re-
covery OF damages in any action OF tres
pass, or any o'her Judgment or decree
founded upon any such con'rsc, promise
or agreement, or damages. for the nom
performance thereof, ORION any judgment
in action of trespass or for Consequential
damages, except. in cases hereinafter spe'
cited. So.
Sec. Q The provisions ofthe first Sec
ton shall mot extend to proceedings for
ccntemp,s. actions or Judgments, for
fines or penalties, for crimes. misdemean
ors or Offences prosecuted in the name OF
the State Of ohio, or on promises to mar.
Wy for monies collected BY any public
ofTieer Or attorney at law, or for apYnlis-
conduct orueglect u Office, Or profession !,
| "a plexte ~ ~ x
SEC. Il Iii any xreditnr, his aathor~
u ID agent or attorney, shall make oath
u affirmation 10 writing, before any jadee
of the supreme isnr court otcommon
pleas. Justice Of The peace or clerk of ei>
thcr of said courts, that there is debt or
| demand Justly due to such creditor. OF one
hundred dollars or upwards, specifying as
nearly as may be, the nature and amount
thereof, and establishing one or mere OF
the following particulars: F,M, That
the defendant IS about to remove his prep
er,y out OF the Jurisdiction OF the court,
with intent 10 def4ud his creditors or
! Second, That he is about to convert MS
property irto money, for the purpose of
placing it bryond the reach OF his credit
or.:ur, Third, That he has property or
rights in action. which he !raudulentiy
conceals, ora Fourth. That he has as
signed, removed, or disposed OF, or is a.
bou, TO dispose OF his property, WIN TO-
tent 10 dIiauI his creditors: or, FJh
That he fraudnlenty contracted the debt
or incurred the obligation for which suit
isaboui to be brought, aud shall file yuch
affidavit with the clerk Of the court Of
common pleas Of the proper c,unty, sucli
clerk shall lhereupon issue cafias, which
shalt be served and the salt instituted
thereby, shall be iu all respects conduct
ed 10 the same manner rs il Ihis act hat
nat been passed.
Sec A. On any judgment or decree
the court, when In sess;nu. or any judg'
thereof in vacation, may order cafiaS al
saHsfucienaum to be issued ngAiHst 'lh'
Judgment debtpr,. on application q III
Judgment creditor, ~ bis lA~fll astdip2y
II sugl coutt o. lidKe shall be satisfied ,,
tug AEssaxi, "a Apsh arr AI!l u q
ntiitT IVsi iinnHy as he shall present Of ID
/ exislree- ~ ETs's'77sar.ss ;;ue folosipg pss
: tieslirs; ms, Tia, lie judgment deb
OF has removed, or Is abnut 70 remove
any Of his property out OF the jn'hd'cu'
, of the court, with intent to prevent III
collection Of The money due On the j1dg
men, or decree. or. SIC md, Ihat he he
J. properly, rights in action, eydSnces I
debt, or some interest or sock in som
corporation or company, which he fraud
ulen,iy conceals "r unjdally refuses tn ai
ply to he judsmru, OF decree or Thrt
rha, he has assigned or d.p SD #, OF
=. about to assign or dispose ct his propeli
ar tights in at lion, with intet 20 Grfrun
his creditors, or give an unfair pr, terenc
II 10 some Of hem: or FOURTH. That he h;
10 eonssrird, ofis about 10 conrcr' his proi
srsy srS \" I'p sxsrssrsb = sS y MI 5, 'f fhaw
be fraudnleptly contracted ,bs debt. or
he Cured obligation on which the juAgme
"a or decree was rendered G
4 Sec 3, In all cases enumerated in Il
3" FIRST section of this act, and not exccpt
$, in the second section thereof, which cor
{. within the jurisdiction Of Justices of I
u peace, the p.aiutili' shall not be entitled
10 u copias al respondsndum, or cnpias
L. sa,istcicndum, unless he shull comp
nd with the provisions Of the third and fou'
rs sections of this act and justices OF t
p. peace shall be governed in all cases
he lhe provisions o. this act, SO far as I
nd Same may be applicable.
In. Sec 6. No cnpids, either rs mes
re or linal process, shall be issued unt
ge the provisions of this act, unless
,e- plaintiff or other person applying for
in. same, shall first make and deliver to
ed clerk n bond with good and sufficient su
,rc ~ or surctics, 10 the satisfaction Of
IN clerk in double the amount claimed,
- iu1gmen, rendered, as the case may
,rr payable to the person against whom st
,r writ is issued, conditioned for the p;
he mont of all damages which he may s.
,se tain in consequence of issuing such W
,u, in case il shall appear that the same v
YER issued without good cause which be
ne shall remain with the clerk, for
benefit of the person against whom ST
in writ was issued.
"A Sec. 7. That for services perform
~, under this act, the like fees shall be
". lowed and charged that nre allowed
;ls similar services in other cases.
n Sec. 8. Any person against whom any
"" pias shall have been issued under authorit,
IRE this nc, may institute a suit on the bond
OF scrihcd in the sixth section, AMI if upon
m. trial of the suit so instituted, the Jury s.
,.e and that such capias was issued without 7
!. sonable ground Tor believing the existenc,
u some one or more of the particulars specit