Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19
ARTICLE II.

AND RETURN OF PROCESS, AND PROCEED
1NGS IN ARREST AND ATTACHMENT.
Sec. 1. Actions before Justices Of the
Peace are commenced by summons, or by
the appearance and agreement Of the par.
lies wilhou, summons. In the former; the
action is deemed commenced upon delivery
Of The writ to the constable to be served,
and he shall note thereon the time Of re-.
ceiving The same. In the latter case, the
action is deemed commenced al tho time Of
docke.ing the case.
Sec, l2. When guardian 10 the suit is
necessary, he must be appointed by the JUS
.ce, as follows: 1863
|. If the infant be plaintiff, the appoint-
menl must be made before the summons is
issued, upon tho application Of The infant,
il he be of the age Of fourteen years and
upwards; if under that age, upon the appli-
Gallon of some friend.
The consent in writing Of the guardian
10 be appointed, and 10 be responsible for
costs if he fail in The action, mus, be filed
with the Justice.
2. If the infan, 0e defendant, The guard
ian must be appointed before the trial. il. 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 pres
ent and consent in writing TO be appointed.
Otherwise, the justice may appoint any suit
able person who gives such consent.
Sec. l3. The Style Of the summons shall
be, "The State of Ohio, county,"
i. shall be dated the day it is issued, signed
by the Justice issuing the same, directed to
a constable Of the proper township, (exceP'
in case person be depuled 10 serve it, in
which case ii shall be directed 10 such per.
son,) must contain the name or names o
the delendan, or defendants, if known; il
unknown, give a description Of him OF
them, and command the officer or person
serving the same 10 summon the de(endan
or defendants TO appear before such Justice
al his Office in -- township, at a time
specified therein, and must describe the
plaintiffs cause of action in such genera
terms as 10 apprise the defendant Of the ma
ture Of the claim against him, and ther'
shall be endorsed on the writ the amount To-
which the plaintiff will take judgment if Ih'
defendant fail TO appear. If the defendan
fail TO appear, judgment shall not be render
ed for larger amount and the costs.
Sec. IA. The summons must be returna
BILE not more than Twelve days from its date
and must, unless accompanied with an or
der TO arrest, be served at leas; three day
3 before the time Of appearance, as follows
1. By delivering copy Of the summon
with the endorsement thereon, Certified b.
q the constable, or person serving the same T.
. be true copy) to the defendant, or leavin
The same a. his usual place Of residence.
2. An acknowledgement on the back O
the summons, or the voluntary appearance
+ OF the defendant, is equivalent TO service.
s Sec. 15. A summons against q corpora
G ZION may be served upon the president, may
a or, chairman Of the board Of directors Q
. trustees. or other chief officer; or, If il
|. chief officer is not found in the county, uF
A on It's cashier, treasurer. secretary, elerl
or managing agent; or if none Of the afort
|. said officers can be found, bv copy lel. I
n The office, or usual place Of business of sue
$ corporation, with the person having chare
Ia thereof. .... f.
Il Sec. 16. Where the defendant is an il
D. corporated insurance company, and the al
" lion is brought in county, in which the
e. is an agency thereof, the service may be u
II on the chief officer Of such agency.
n. Sec. II. Where the defendant is a 70
N eign corporation, having a managing age
j. in this state, Ihe service may be upon SUI
III agent. t. H..
er Sec. 10. When the defendant is a mine
under the age Of fourteen years, the servi'
re must be upon him, or upon his guardian
nd father; or, il neither Of these can be foun
i, then upon his mother, or the person havil
D. the care or control Of the infant, or wi
Mt whom helives. If neither of these can
or found, or, if the minor be more than fou
D.. teen years of age, service on him alor
. shall be sufficient. The manner Of servi
ey may be the same as in cases Of adults.
hv ... auf APPEARANCE. .stI e#
m m Sec. 10. The parties are entitled TO o
,er hour in which 10 appear after the time me
10 toned in The summons for appearance,
.oe are no, bound 10 remain longer than ii
,Ie time. unless both parties have appeared, a
ere the Justice being present, is engaged in !