Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1839-03-19

"a any nc nenf 81 decree the Com
when O. or b any ledge thereof &
vacation may RIDER eapias al s6fislsc'
endum o. used against die 1d ier
deb.ol on application Of tIe judgment
creditor d ms lawful attorney, d such
Court o. Judge shall Be- satisfied by fbs
aliidaYit q such applicant and snch 9TH
Ell testimony as he shall pres of the IS.
isience of either 81 the following pariicus
moved 81 about q remove any
prop out Of the jurisdiction 81 he
Court with intent to prey ent Tie collection
.of the money due pa The judgment 81 De.
cree, 81
second liaf be has property gAts d
action eriaence 81 debt. o. some
o. stock g some corporation or company
which be lfandulently conceals 81 s.
refuses to apply 70 tue payment of the
judgment 81 decree. 81
hlgd. bat he has ass igned 81 q
ed OF, on IS ABOUT TO assign 81 dispose Of
his property Oh bis rights "a action with
intent 70 defraud bis creditors, OF give al
unfair PREFERENCE % some of them, OF
Fourth, That be has converted or 81
about 70 convert his property into money
with intent to prevent It's being taken on.
execution, or
Fifth, That be ffapd0lentlF contracted
the debt or incurred the obligation on
which the payment or decree was render
ed.
Sec, 3. Be itfurther enacted, That m.
all CASES enumerated IN the first secuon Of
this act and not excepted ia the second
section thereof, which come within the il.
risdiction of Justices of the Peace, the
plaintiff shall not be entitled to capias
I'D respoadondum or eapias ad satisfaci.
endum, unless he shall comply with the
provisions Of the third and fourth sections
Of this alt, and Justices Of the Peace shall
be governed ia all cases BY the provisions
Of this act 50 far as the same may Be ap-
picable.
Sec. s. Re It further enacted, That
no capias as eiiher mesne OF final process
shall be issued under the provisions Of
this act, unless the plaintiff or other per-
sons applying for the same shall FIRST make
and deliYer 10 the Clerk bond with
good and sufficient surely or sureties 10
the satisfaction Of the Clerk N double the
amount claimed, on Judgment rendered as
the case may be, payable 70 the person
against whom such suit IS issued condition
ed for the payment Of all damages which
he may sustain in consequences Of issuing
such suit ID case Il silali appear that the
same was issued without good cause.
which bond shall remain wilhthe Clerk for
the benefit Of the person against whom
such suit was issued.
Sec. Z. Be It further enacted, That
for the services performed underthIs act
the like fees shall be allowed and charged
that are allowed for similar services inoth-
cr cases.
Sec. g. Be Il further enncted. hat
any person. against whom any capias shall
have been issued und authority 81 this
act, may institute sun On the bond de.
scribed ii the sixth section. and i upon
the trial Of the suit 50 Ins nted. the jury
shall find that such capias was issued with
out reasonable grounds for believing the
existence Of some one or more Of the
part iculars specified ID tais act. as author
ling the issuance Of such capias. the Jury
shall proceed to assess the damages sns-
tanned by the person against whom the
same was issued, upon which finding, he
Court shall render judgment as q other
cases and any person causing another
10 be committed to jail under the progIs,
ions Of this act, shall be liable u the first
instance, for the jail fees. aud shah Be f
required by The jailoT, q pay such fees
weekly, aud d advance. and such fees So
paid, shall Be added 10 the cost taxed o.
accr0ing IN the case and Sc collected Is
other costs.
Sec. 8, Be e further enacted, l1at
the fees allowed hereafter 70 any jailor e.
the maintenance asd ffUo1 debt
s.r imprisoned under the provisions 81 thls
act, shall Be at the ralcs 81 evenly I'VE
cents for each and every day SAD debtor
shall remain ia c9slody and persons
against whom capins I'D afstaclendun
shall be issued under be restriction 81 this
act, shall be entitled e tue liberty e lhe
prison bounds which shall extend TO tie
lenfife limits Of the county 10 which tic
person against whom such sui shall issue
shall reside, by giving good ind sa ieieal
security that he Or they vii noi Dfea q
80 beyond tie limits 81 nie double
fhs arIollf for which pas al a'ls
lac d0nl was issued against a1q debtor.
go 4 ~. 4 l<,lstl,r rsat- rffI1|fa ~ have