The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14
ARTICLE II.

81. ARllOLE IL.
Or tie commencement IT salts, serGicc d4d
nt0rm Of process and proceedings w ar
rest al attachment,
SEC. II. Action before Justices of the
Peace are commenced by summons, orby
the appearance and agreement of ,tht
parties without summons. In the for
mer, the action is deemed commenced up
on delivery of the writ to the constable
to be served and he shall note thereon
the time of receiving the same. In tho
latter case, the action is deemed com
menced at the time of docketing the case
SEC 12. When guardian to the suit
is necessary, he must be appointed by the
Justice, as follows:
If the infant be plaintiff, the APP
pointmcnt must be made before the sum
mons is issued, upon the application Of
the infant if he be OF the age OF four
teen years or upwards, if under that age,
upon the application of some friend.
The consent in writing of the guar
dian to be appointed, and to be response
bic for costs ii he fail in the action, must
be filed with the Justice
2--If the infant be defendant, the
guardian must be appointed before the
trial 1t is the right Of the infant to
nominate his own guardian if the infant
be over fourteen years Of age and the
proposed guardian be present and consent
in writing to be appointed. Otherwise
the justice may appoint any suitable
person who gives such consent.
SEC. 13. The style of the summons
shall be, 'sThe State of Ohio, -coun-
ty:" it shall be dated the day is it issued.
signed by the Justice issuing the same,
directed to the constable of the proper
township, Except in case q person be
deputed to serve it, in which case it shall
be directed to such person, must contain
the name Or names of the defendant or
defendants, if known, give description
of him or them, and command the Off
Ger or person serving the same to sum
mon the defendant or defendants to ap-
pear before such Justice at his Office in
township, at a time speeiged therein,
and must describe the plaintiff S cause of
action in such general terms as to appraise
the defendant of the nature of the claim
against him, and there shall be endorsed
ON the writ the amount for which the
plaintiff will take judgment.if the defen-
dant fail to appear If the defendant fail
to appear, judgment shall not be render
ed for a large amount and the costs.
|. SEC, IA. The summons must be re-
turnable not more than twelve days from
its date, and must, unless accompanied
with an order to arrest, be served at least
three days before the time of appearance,
as follows:
by delivering copy of the sum-
mons with the endorsement thereon, (cer-
tilted by the constable, or person serving
the same to be true copy to the defen-
dant, or leaving the same at his usual
place of residence.
2--An acknowledgements on the back
of the summons, or the voluntary appear
ance Of a defendant, is equivalentto to ser
vice.
SEC. Is. A summons against a eorpo-
ration may be served upon the presi-
dent, mayor, chairman of the board
directors or trustees, or o.her chief Off
GERS; or, if it's chief officer is not found i'll
the county, upon its cashier, treasurer
secretary, clerk, or managing agent; or
if none of the aforesaid officers can be
found, by copy left at the Office, or usu-
al place of business of such corporation,
with the person having charged thereof.
Sec 16. Where the defendant is an
Incorporated insurance company, and the
action is brought in county, in which
there isan agency thereof, the service may
be upon the chief officer Of such agency.
Sec. II. Where the defendant is for
eign corporation, having managing a.
gent in this State, the service may be up
ON such agent.
Sec. 18. Where the defendant is a
minor under the age of fourteen years, the
service must be upon him or upon his
guardian, or father; or, if neither of these
can be found, then upon his mother, or
the person having the care or control OF
the infant, or with whom he lives. II
neither of these can be found, or, if the
minor be more than fourteen years of a &c
service on him alone, shall be sufficient
The manner of service may be the same
as in the cases of the adults.
APPEARANCE.
Sec. 10. The parties are entitled to
one hour in which to appear after the time
mentioned in the summons for appear
ance, but are not bound to remain longer
than that time, unless both parties have
appeared, and the Justice being present
is engaged i'll the trial Of another cause
In such cases, the Justice may postpone
the time of appearance until the close O
such trial.
ARREST BEFORE JUD CEMENT.
Sec. 20. An order for the arrest o.
the defendant in civil action, shall bC
made by the Justice of the Peace before
whom the same is brought, when there i,
filed in his Office an affidavit Of the plain.
tiff, his authorized agent or attorney
made before any person authorized by
law to administer oaths, stating the nature
of the plaintiffs claim, that it is Just, tht
amount thereof as near as may be, and es
tablishing one or more of the following
particulars:
T. THAT the defendant has removed o.
begun to remove any of his property GU
of the county with intent to defraud hi
creditors
2-That the defendant has begun t.
convert his property or any part thereo
into money for the purpose of defraudlns
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