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

I
ARREST BEFORE JUDGMENT.
Z Sec. 90. An order for the arrest Of th'
defendant in a civil action, shall be mad
by the Justice Of the Peace before whom iht
same is brought, when.,here is filed in hi
Office an affidavit Of the plaintiff, his author
lied agent or attorney, made before any per
son authorized by law to administer oashs
stating the nature of the plaintiffs claim
that it is just, the amount thereof as near a
may be, and establishing one or more orih'
following particulars:
/. That the defendant has removed o.
begun TO remove any Of his properly ou
Of the county with intent 10 defraud hi.
creditors: s... f.- ,-
Q. That The defendant has begun tt
convert his property or any part ,hereo
into money for lhe purpose Of deltaudinl
his creditors: .H-l,as
8. That he has property or rights in &C.
,ion which he fraudulently conceals:
-. That he has assigned, removed, OF
disposed Of, or has begun to assign, re-
move, or dispose OF his properly, or any
part thereof, with intent 10 delraud his cred
iiors:
s. That the defendant frauduently con
Iracted The debt or incurred the obliga,ior
for which suit is about 10 be brought.
The affidavit shall also cont9in a state
menl of the facts claimed TO justify the be-
lief in the existence Of one or more OF the
above particulars.
Sec. FL. The order Of arrest may be made
to accompany the summons, or at any lime
aiierward before judgment.
Sec. 22. The order Of arrest shall no. bt
issued by a justice Of the peace until there
has been executed by the plaintiff, If a res
ident lreeholder of the township where sui
is brought, otherwise by one or more suffi
cenl sure,ies Of the plaintiff, a written un
dertaking to The effect that the plaintiff shal
pay the defendant all damages which he
may sustain by reason Of the arrest, if the
order be wronglully obtained not exceeding
double the amount Of the plaintiffs claim
stated in the affidavit.
Sec. 23. The order Of arrest shall be ad
dressed and delivered, with copy of the
affidavit. 10 constable Of the proper town
ship; i. shall state the names of the parties
The amount of the plaintiffs claim specified
in the affidavit, be signed by the Justice o
the Peace issuing it, and shall require the
constable 10 arrest The defendant and bring
him forthwith before said Justice.
Sec. "a. The officer receiving said order
shall execute the same by forthwith arrest
ing The defendant and delivering 10 him ,
copy thereof, and of the affidavit; and The
defendant, SO arrested, unless the claim o
the plaintiff specified in the affidavit and
costs Of suit are paid, or unless discharged
from custody by order Of the plaintiff, shal
be tnken by such constable forthwith before
the Justice Of the Peace by whom said or
der Of arrcs, was issued, and kept in custod,
until discharged by law.
Sec. Is. Upon the return of said order o
arrest, executed in pursuance Of the preced
ing section, the trial OF said cause shall pro
ceed, unless for good cause shown, upon ,h
application Of either party, or the instanc
of the Justice himself, the same shall b
continued as is provided for in other cases
before Justices of the Peace. And whel
The trial of said cause is continued for an
period, The defendant, upon executing, wit.
one or more sufficient securities, write
undertaking 10 the effect that he will pay tn
amour. Of the judgment that may be rem
dered agains, him upon the final determine
lion Of the action, or upon deposiling in tn
hands Of the Justice Of The Peace th
amount Of money mentioned in the order {
arrest, and the probable amount Of costs c
suit, shall be forthwith discharged from Gus
lody; Provided, however, that in no cas-
shall The defendant be detained in The Gu:
,ody Of the officer, when said continuanc
has been for period of more than forty
eight homs, unless said continuance hs
been made at the instance, or with the cor
sent Of the defendant himself, N.
ARREST AFTER JUDGMENT.
Sec. 26. On the judgmen, against the d.
fendani in any civil suit before Justice !
the Peace, when the defendant 10 in the GU
tody OF the officer as hereinbefore provide
for, or If after judgment agains. him, thel
is filed in the office Of such Justice an afi
davi, of the plaintiff, his authorized agent
attorney, made before any person comp
tent 10 administer an oath, stating the amour
of said judgmen, remaining unpaid, and e
tablishing one or more Of the parlicula
mentioned in section twenty, said Justice
The Peace shall, unless otherwise ordered
the plaintiff, issue an execution and accor
pany the same with an order for the ARE
of the defendant. ..-
Sec. 81. Said order Of arrest shall bo a
dressed and delivered, with a copy Of q
affidavit, TO the constable having said exec
lion, and shall state the names Of the pa
lies, be signed by the justice issuing it, al
state the amount Of the judgment and COS
unpaid, ard shall require the officer, in ca
the same shall not be paid, or an amount
properly Of the defendant whereon TO le'
execution, sufficient to satisfy the same C
not be found in his township, 10 arrest
defendant, il not already in the custody
. the officer, and deliver him 10 the sheriff
the proper county, to be committed by h
to The jail Of the county, and KEEP, in custo
!, until discharged by law: Provided, howev
. that no such order Of arrest shall be issu
= until the undertaking required by the twent
!, second section Of this act shall have be
8 executed.
h ATTACHMENT.
e Sec. 28. The plaintiff shall have an orr
:. of auachmen, against the properly Of
}, defendant in civil action before just
Q Of the Peace for The recovery OF mon,
before or after the commencement there
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