The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-07

days before the time of appearance, al
followst
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 defend
ant, or leaving the same at his usual place
OF residence.
2--An acknowledgment on the bach
of the summons. or the voluntary appear
ance of defendant, is equivalent 10 ser
vice. .-r.
Sec. is. A summons against a corpo
ration may be served upon the president
mayor, chairman OF the board of direct
ors or trustees, or other chief officer; or
if its chief officer is not found in the
county, upon its cashier, treasurer, sec
retary, clerk, or managing agent or i
none Of the aforesaid officers can be
icnnd, by copy left at the Office, or usua
place Of business of such corporation
with the person having charge thereof.
Sec. 16. Where the defendant is an in
corporated insurance company, and the
action is brought in county, in which
there is an agency thereof, the service
may be upon the chief officer of such a
gency.
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. When the defendant is minol
under the age of fourteen years, the ser
vice must be upon him or his guardian, OIL
father; or, if neither of these can bt
found, then upon his mother, or the per
son having the care Or control of the in
FAINT, or with whom he lives. If neither
of these can be found, or, if the minor bt
more than fourteen years of age, service
on him alone, shall be sufficient. The
manner of service may be the same as ii
the cases of 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 in the trial Of another cause
In such case, the Justice may postpone
the time of appearance until the close o
such trial. &c.,.
ARREST BEFORE JUDGMENT.
Sec. 20. An order for the arrest of the
defendant in civil action, shall be made
by the Justice of the Peace before whom
the same is brought, when there is flee
in his Office an affidavit of the plaintiff
his authorized agent or attorney, made
before any person authorized by law tc
administer oaths, stating the nature of the
plaintiffs claim, thatitis just, the amount
thereof as near as may be, and establish
ing one or more of the following partic
ulars: -..rl..
THAT the defendat has removed Of
begun to remove any of his property ou
of the county with intent to defraud his
creditors:
2-That the defendant has begun tt
convert his property or any part thereof
into money for the purpose of defrauding
his creditors:
3-That he has property or rights in
action which he fraudulently conceals:
4-That he has assigned, removed OF
disposed of, or has begun to assign, re.
move or dispose of his property or any
part thereof, with intent to defraud his
creditors:
5-That the defendant fraudulently
contracted the debt or incurred the obi
CATION for which suit is about to be
brought.
The affidavit shall also contain state
ment Of the facts claimed to justify tht
belief in the existence of one or more o
the above particulars.
/ SEC. 21. The order of arrest may bt
made to accompany the summons, or a
any time afterwards before judgment.
Sec. 22, The order of arrest shall no
be issued by a justice of the peace unit
there has been executed by the plaintiff
if a resident freeholder of the township
where suit is brought, otherwise by on'
or more sufficient sureties of the plaintiff
written undertaking to the effect tha
the plaintiff shall pay the defendant al
damages which he may sustain by reason
of the arrest, if the order be wrongfully
obtained, not exceeding double the a
mount of the plaintiffs claim, stated il
the affidavit.
Sec. %. The order Of arrest shall b.
addressed and delivered, with copy o
the affidavit, to constable of the prop
er township; it shall state the names 0
the parties, the amount of the plaintiff
claim specified in the affidavit, be signe,
by the Justice of the Peace issuing ii
shall require the constable to arrest tn
defendant and bring him forthwith befor
said Justice.
| SEC. "a. The officer receiving said or
der, shall execute the same by forthwith
arresting the defendant and delivering t
him copy thereof, and of the affidavit
and the defendant, SO arrested, unless tn
claim of the plaintiff specified in the affi
davit and costs of suit are paid, or unles
discharged from custody by order of tn
plaintiff, shall be taken by such constabl
forthwith before the Justice of the Peac
by whom said order of arrest was issued
and kept in custody until discharged b.
law.
i SEC. rs. Upon the return of said orde
of arrest, executed in pursuance of tn
preceding section, the trial Of said caus
shall proceed, unless forgood cause show
Iupon the annlieation of either party, q