Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-06

sought to be recovered, or may be drawn in ques-
ton, except actions of trespass on real estate,
which are provided for in this act.
i.-sse -s@a4 aARTICLEI II. .@ a
Of the commencement of SUITS service and return
ofprocess, and proceedings IN arrest and attach
Sec. L. Actions before Justices of the Peace
are commenced by summons, or by the appear
ance and agreement of the parties without sum-
MONS In the former, the action is deemed COM
menced upon delivery of the writ to the constable
tobe served and he shall note thereon the time of
receiving the same. In the latter case, the ac-
ton is deemed commenced at the time of docket
ing the case. -ze $50 s-a .,...-.. -.ss.
Sec. 70. When guardian to the suit is nee
essary, he must be appointed by the justice, as
follows. l.,- -# :, =
1-fthe infant be plaintiff, the appointment
must be made before the summons is issued up
on the application of the infant if he be of the
age OF fourteen years upwards; if under that
age, upon the application Of some friend
The consent in writing of the guardian to be
appointed, and to be responsible for costs fhe 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
II the infant be over fourteen years of age and the
proposed guardian be present and consent in writ
ing to be appointed. Otherwise the justice may
appoint any suitable person who gives such con-
sent. e5 -+ -.-s--
Sec. 1a. The style of the summons shall be,
"Ihe State of Ohio, county:' it shall be
dated the day it is issued. signed by the Justice is
suing the same, directed to a constable of the
proper township, Except in case person be de-
puted to serve it, in which case it shall be direc-
ted to such person,) must contain the name or
names of the defendant or defendants, if known;
II unknown, give description of him them,
and command the officer or person serving the
same to summon the defendant or defendants to
appear before such Justice at his office in -
township, at time specified therein, and must
describe the plaintiffs of action in such
general terms as to apprise 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 defendant fail
to appear. If the defendant fail to appear, judg-
ment shall not be rendered for larger amount
and the costs. . -.~-
Sec. II. The summons must be returnable
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 ap-
pearance, as follows:
by delivering copy of the summons with
the endorsement thereon, Certified by the con-
stable, or person serving the same to be true
copy to the defendant, leaving the same at his
usual place of residence.
.2-An acknow ledgement on the back of the
summons, or the voluntary appearance of de-
fendant, is equivalent to service.
Sec. Is. A summons against corporation
may DE served upon the president mayor, chair
man OF the board of directors trustees, or 9TH
er chief officer; Or, if its chief officer is not found
in the county, upon its cashier, treasurer,
tary, clerk or managing agent; or it none of the
aforesaid officers can be found, BY a copy left at
the office, or usual place of business of such
poration, with the person having charge thereof.
| Sec. 16. Where the defendant is an ncorpo-
Is
brought in county, in which there is an agency
thereof, the service may be upon the chief officer
of such agency.
Sec. II. Where the defendant is foreign
corporation, having managing agent in this
State, the service may be upon such agent.
Sec. Is. When the defendant is a minor un-
der the age of fourteen years, the service must be
upon him upon his guardian, father or, if
neither of these can be found, then upon his
mother, or the person having the control
of the infant, or with whom he lives. If neither
of these can be found, or, if the minor be more
than fourteen years of age, service on him alone,
shall be sufficient. The manner of service may
be the same as in the cases of adults
a. - -.. Appearance. ,.. 5..
Sec. 10. The parties are entitled totone hour
in which to appear after the time mentioned in
|. the summons for appearance, but are not bound
to remain longer than that time, unless both par
ties have appeared, and the Justice being present,
case, the Justice may postpone the time of ap-
pearance until the close of such trial
80 @'4s Arrest before Judgment. r. .ss
Sec. 90. An order for the arrest of the de-
fendant in civil action, shall be made by the
Justice of the Peace before whom the same is
brorght, when there is filed In his Office affida
Wit of the plaintiff, his authorized agent or attor
ney, made before any person authorized by law
to administer oaths. stating the nature of the
plaintiffs claim, that it is just, the amount there
of as may be, and estab fishing one more
of the following particulars: ~
+ THAT the defendant has removed or begun
to remove any of his property out of the county
with intent to defraud his creditors
2-That the defendant has begun to convert
his property or any part thereof into money for
the purpose of defrauding his creditors:
3-Ehat he has property or rights in action
which he fraudulently cenceals: q ..sa-... -s,
4-That he has assigned, removed or disposed
of, or has begun to assign, remove or dispose of
his property, or any part thereof, with intent to
defraud his creditors: .@ -..s.--
/ 5--That the defendant fraudulently contracted
the debt or incurred the obligation for which suit
is about to be brought. ~ - $50 .-.-:
The affidavit shall also contain statement of
the facts claimed to justify the belief in the exist
ence of one or more of the above particulars.
Sec. 81. The order of arrest may be made to
| accompany the summons, or at any time after
wards before Judgment -, -..-1.%.-
Sec. %. The order of arrest shall not be is
sued by justice of the peace until there has been
executed by the plaintiff, if a resident freeholder
of the township where suit is bronght otherwise
by one sufficient surities of the plaintiff,
written undertaking to the effect that the plain
| tiff shall pay the defendant all damages which he
may sustain by reason of the arrest if the order