The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

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amount Of property Of the defendant whorcon TO
levy execution, sufficient 10 satisfy the same can.
not be found in his township, to arrest the de.
fendant, ii not already in the custody OF the'of.
icer, and deliver him to the sheriff OF the prop
er county, to be committed by him to the Jail OF
the county, and kept in custody until discharged
lby law: Provided, hoceper, that no such order
lo' arrest shall be issued until the undertaking
required by the twenty.second section Of this act
shall have been executed.
Attachment.
Sec 90. The plantiff sha n have an order Of
alta chment against the property Of the defendant
in civil action before justice of the peace for
the recovery Of money, before or after the com.
menccmcnt thereof, when there is filed in his OF.
fec an affidavit Of the plaintiff, his agent or at
torncy, showing the nature Of the plaintiffs
claim; that it is ust the amount which the af-
fant believes the plaintiff ought to recover; Il
the existence Of some one or moro OF the follow
ing particulars:
l. That the defendant or one Of tho several
defendants, is foreign corporation, or is non.
resident Of the county; or,
q Has absconded with intent to do(raud his
creditors; or
3. Has left the county OF his residence to a.
} void the service Of a summons; or,
a. So conccals himself that summons can.
J not be served upon him; or,
s. Is about TO remove his property or part
thereof ont Of the county, with the intent TO
defrsud his creditors: or.
t. Is about to convert his property or part
thereof into money, for the purpose Of placing
! it beyond the reach Of his creditors; or,
T. Has property OF rights in action which he
, conceals; or,
8. Has assigned, removed or disposed Of, or is
about to dispose of his property or part there.
, Of, with intent to defraud his creditors; or,
o FrnuduIenilv contracted The debt or incur.
rcd the obligotion frr h;cn suit s nbou, TO be.
. eI w 80. h',,h, WI H. dnrondant IL ~
= vi " mas 'ooo olougnt. "nc" 'no ia 20
Iore,Gh corporation OF non VI ''e coul'.
w. inc attachment shai not oe granted uniess
the claim is for debt or demand arising upon
contract, judgment or decree.
J. Sec. %. When the ground Of attachment, is,
that the defendant is a foreign corporation, or u
non. resident of the county, the order of attach.
>. r,cnt nav ho ;se,od ,i,t o,t N undcr,,Linr bnt
. In ali n,h,r ,so. ,h Cd nr o,,,cbn,ont al, n
\ " az '."'i I"ses t"o o'uei " "a, Ill, @ r'u''
o' oc 'sTucu ny tne Jus'lco un''' u'eio nus oec',
: executed 10 MS once oy one OF more su,hclch'
surctles OF the P'aintlit 70 DO approved Dy inc
t Justice, an undertaking not exceeding double
the amount Of the plaintiffs claim, to the effect
C that The plaintiff shall pay the defendant all
damages which he NAV sustain by reason of tho
:. ,,,,c bm.nt if Tho order he wrongCulIv attained
q Soc an Tina ordor Of n,t,cSment NAV hc
, ~, .'. w. "e ~ .,,,,"os an ~ - ~; ~
mace 10 accompany '',c suhiho"s ., az my 'i'ne
j. Afterwards oc'ore Juugmenl' II shu'' NC auuress
u or to"hsn'P, ana sna'' requ.o n,' W a''u." tne
70 goous' chatte's, slocks' OF ,rtelests ~ e,ochS
r'ghts' Grcui'S' ''"'eys a'u oh.,'s y, ."c uo', !"
;, ia III n nS cou"iy nov oAeu,pt noI wv.
y ing apP'en TO tnc payhe,r o, o.1
- v, s' ",''" 'no,eu' 10 IN ST., Wv a ~
u u cia''', !" po St'to1 ~ 'iu w. 10 -, .''
" VIZ @ anu cr cru pIv' e'''' - Wv "''"' "' W.
n g. az &rr,n ro,',,, do, r .ho o.d0r or o,,,.h.
mnnt when is.,,cd NJ tho commencencn, or the nc
ton shall he the same as Tint of the summons when
issued afterwards, it shall be executed and returned
forthwith.
Sec. 81 When there are several orders OF attach.
men aiialnst The same defendant III me hahds oi
the snme GiiIcrr they shall ho executed IN e order
III WhiGh tcy were received ny sam oceIi nc snll
r. 70 20 ,nG plnS' Mmrft t't ue,e,un puIe'y iii
declare thnt bv virtne of sod order he Mt
,ocIes said nronertv nj The s;t of sch nnintE nnd
1f the officer with two househoders of the county who
shall be first sworn or affirmed hy the officer, shall
make true inventory and nppraisement of all prop
erty attached, which shall be signed by the officer
e. and said househodors and returned with me order
c when iNe properly can oe come NJ ne sn thNe 'le
is Inne i.o ms cs'ouy' nhu 'iu IL su'J'c' I" "o VI
A. u'e c VI '1 no JuiI.o' hill ,,;. ,l or,
t. o,,ncLoJ :, ,h rorson in ,yhnso nossessop II ,vns
y found upon The execution bv such pcrson in the pre
sence of the const nble nm undertaking of the plan
tiff with one or more sufficient sure,ics resident in
the county, to the effect that the parties to tho
same are bound In double the appraised value
lhcTcoI tnht the property OF us upPTuiscu Shiut
y in money shall be forthcoming to answer the
Judgment Of the court in the action; but il i,
IT sha appear to the court that any part of said
)r property has been 10 or destroyed by unavGida
bic accident, the value thereof shall he remit
N ted to the person or persons so bound
See. -. Different attachments Of the same
ID property may be made, and one inventory and
Of npprais, cement shall be sufficient. The lien o
70 the attachments shall be in tho order in which
they are served. and the subsequent ttachments
I. shall bo served on the property as in the hanGs
h 0f the officer, and subject to the prior attach
mcnts. The Justice who issued the attachment
IF having the priority of lien, shall determine all
@ questions to the priority of liens the prop
r crty alta ched.
Sec. IS. lfthe order OF attachment is made to
% accompany the summons, copy thereof and the
r. summons shall be served upon the dcfendan in
the usual manner for the service of summons il
>. the same can be done within the county, and
3 when any property of the defendant has been
}. taken under the order Of attachment, and II
/, sha II appear that tho summons issued in the &C.
# t,on has not been, and cannot bo served on the
:. defendant in the county in The manner prescri.
Il bed by law the Justice Of the pea CO shall contin
Q ne the ca use for a period not less than forty
1 nor more than sixty days Whereupon the plain.