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


bring him forthwith before said Justice 7ec tsaat
Sec. "a. The officer receiving said order, shall
execute the same by forthwith arrestinp- the de-
fendant and delivering to him copy thereof, and
of the affidavit; and the defendant SO arrested I'M
less the claim of the plaintiff specified in the affi
davt and costs of suit paid, orunless discharg-
ed from custody by order of the plaintiff, sharbe
taken by such constable forthwith before the JUS
tice of the Peace by whom said order of arrest
was issued, and kept-in custody until discharged
by law. .zs5=stE
Sec. 25.. Upon the return of said order, of ar
rest, executed in pursuance of the proceeding sec
ton, the trial of said cause shall proceed unless,
for good cause shown, upon the application of
either party, or at the instance ofthe Justice him
SELF the same shall be continued as is provided for
in other cases, before Justices of the Peace. And
when the trial of said cause is continued for any
period, the defendant, upon executing, with one
or more sufficient securities, written undertaking
to the effect that he will pay the amount of the
Judgement that may be rendered against him upon
the final determination of the action, or upon de-
posting in the hands of the Justice ofthe Peace
the amount of money mentioned in the order of
arrest and the probable amount of costs of suit,
shall be forthwith discharged from custody: Pro-
vided, however, that in no case shall the defend
ant be detained in the custody of the officer, when
said continuance has been for period of more
than forty-eight hours, unless said continuance
has been made at the instance, or with the con-
sent of the defendant himself. ,s-- az. ..- ~.
Arrest after Judgment. Is,
Sec. 26. On the Judgment against the defend
ant in any civil suit before Justice of the Peace,
when the defendant is in the custody of the Off
Ger herein before provided for, if after judg
ment against him, there is filed in the Office of
such justice an affidavit of the plaintiff, his author
lzed agent or attorney, made before any person
competent to administer an oath, stating the
amount of said judgment remaining unpaid, and
establishing one or more of the particulars men
toned in section twenty said Justice ofthe Peace
shall unless otherwise ordered by the plaintiff is
sue execution and accompany the same with
an order for the arrest of the defendant.
| Sec 81. Said order of arrest shall be address,
ed and delivered, with copy of the affidavit, to
the constable having said execution, and shall
state the names of the parties, be signed by the
Justice issuing it, and state the amount of the
Judgment and costs unpaid, and shall require the
officer in case the same shall not be paid, or an
| amount of property of the defendant whereon to
levy execution, sufficient to satisfy the same can
not be found in his township to arrest the defend
ant, if not already in the custody of the officer,
and deliver him to the sheriff of the proper coun-
ty to be committed by him to the Jail of the coun-
ty, and kept in custody until discharged by law:
Provided, however, that no such order of arrest
shall be issued until the undertaking required by
the twenty-seconda section of this act shall have
been executed
- s Attachment. ~ '-E
Sec. 28. The plaintiff shall have an order of
attachment against the property of the defendant
in civil action before Justice of the Peace for
the recovery of money, before or after the COM
mencement thereof, when there is filed in his of
flee an affidavit of the plaintiff, his agent or attor-
ney, showing the nature of the plaintiff s claim
that it is just the amount which the affiant be-
ieves rhe plaintiff ought to recover; and the exis-
tence of some one or more of the following partic-
ulars -
THAT the defendant or one of the several de-
PENDANTS, is foreign corporation, or is non-res-
ident of the county; or, s.-& s.-- 5c e~An
2-Has absconded with intent to defraud his
creditors; orr #ez@ sFEaz 7r.gzs5
S-Has left the county of his residence to avoid
the service of summons; or, -,lE&| --Fs5s ~ F.,
$50 conceals himself that summons cannot
be served upon him; or, T@7 Sc as&
5-Is about to remove-his property or part
thereof out of the county, with the intent to de-
fraud his creditors; or, 1a-. azs ,-tazs- .et
els about to convert his property or a part
thereof into money, for the purpose of placing it
beyond the reach of his creditors; or, -
HAS property or rights in action which he
conceals; or, a. Esf1....t Re asesss 4.
8-Has assigned, removed or disposed Of or is
about to dispose of his property or part thereof,
with intent to defraud his creditors; or, IS rz,-
9-Fraudulently contracted the debt or incurred
the obligation for which suit is about to be, or has
been brought When the defendant is a foreign
corporation nonresident of the county, the
attachment shall not be granted unless the claim
is TOR debt or demand arising upon contract,
judgement decree. g. a. a5zs-s.-stt -s,rfs;s 7
Sec. 90. When the ground of attachment is,
that the defendant is foreign corporation, or a
nonresident of the county, the order of attach
ment may be issued without an undertaking, but
in all other cases, the order of attachment shall
not be issued by the Justice until there has been
executed in his office, by one or more sufficient
suretes of the plaintiff to be approved ythe JUS
tice, an undertaking not exceeding double the
amount of the plaintiffs claim, tothe effect that
the plaintiff shall pay the defendant all damages
which he may sustain by reason fsthe attach
ment, if the order be wrongfully obtained. 7a
Sec. 80. The order of attachment may be
made to accompany the summons or at anytime
afterwards, before judgement; it shall be address,
ed and delivered to any constable of the proper
township, and shall require him to attach the
goods, chattles, stocks, or interest in stocks,
rights, credits moneys and effects of the defend
ant in his county not exempt by law from being
applied to the payment of the plaintiff Is claim, or
so much thereof as will satisfy the plaintiff
claim to be stated in the order as in the affidavit
and the pro bable costs of the action not exceed
ing fifty dollars. = svRgf 81 .aeSf
Sec. 81. The return day of the order of attach
ment, when issued at the commencement of the
action, shall be the same that of the summons;
when issued afterwards, it shallbe executed and
returned forthwith s7:7s. 81 !
Sec. 80. When there are several orders of M /
tachment against the same defendant, in the hands
of the same officer, they shall be execpted in the
order in which they were received bysaid officer;
he shall 90 to the place where<fheS defendants |
property may be found, and there in the presence
of two credible persons, aeclare that by virtue Of
said ORDER he attacheSsad property at the suit of
such plaintiff; apd the officer, with two house
1x,61 zloI1 IL G. 4